sdj-01st day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2011
FIRST DAY
____________
Charleston, W. Va., Wednesday, January 12, 2011
Pursuant to section eighteen, article six of the Constitution
of the State of West Virginia, which prescribes that the
Legislature shall convene annually on the second Wednesday in
January, the Senate assembled in its chamber in the state capitol
in the City of Charleston, West Virginia, on this the twelfth day
of January, two thousand eleven, for the first annual session of
the eightieth Legislature, and at 12 o'clock Noon was called to
order by the Clerk of the Senate, the Honorable Darrell E. Holmes.
Pending organization of the Senate by the election of a
President (under the provisions of section twenty-four, article six
of the Constitution), the Honorable H. Truman Chafin, a senator
from the sixth senatorial district, was called to the Chair to
preside in his capacity as one of the oldest members present in
point of continuous service.
Prayer was offered by the Reverend Doug Craven, First
Presbyterian Church, Logan, West Virginia.
The Honorable Natalie E. Tennant, Secretary of State, appeared
at the bar of the Senate and presented the official returns of the
election held on the second day of November, two thousand ten, for members of the Senate for the State of West Virginia.
CANDIDATES FOR STATE SENATOR
FOR THE STATE OF WEST VIRGINIA
APPEARING TO HAVE BEEN ELECTED
NOVEMBER 2, 2010
First Senatorial District: Orphy Klempa, of the County of
Ohio;
Second Senatorial District: Larry J. Edgell, of the County of
Wetzel;
Third Senatorial District: David C. Nohe, of the County of
Wood;
Fourth Senatorial District: Mike Hall, of the County of
Putnam;
Fifth Senatorial District: Evan H. Jenkins, of the County of
Cabell;
Sixth Senatorial District: H. Truman Chafin, of the County of
Mingo;
Seventh Senatorial District: Ron D. Stollings, of the County
of Boone;
Eighth Senatorial District: Erik P. Wells, of the County of
Kanawha;
Ninth Senatorial District: Mike Green, of the County of
Raleigh;
Tenth Senatorial District: Ronald F. Miller, of the County of
Greenbrier;
Tenth Senatorial District--Unexpired Term: Mark Wills, of the County of Mercer;
Eleventh Senatorial District: Gregory A. Tucker, of the County
of Nicholas;
Twelfth Senatorial District: Joseph M. Minard, of the County
of Harrison;
Thirteenth Senatorial District: Robert D. Beach, of the County
of Monongalia;
Fourteenth Senatorial District: Dave Sypolt, of the County of
Preston;
Fifteenth Senatorial District: Walt Helmick, of the County of
Pocahontas;
Sixteenth Senatorial District: John R. Unger II, of the County
of Berkeley;
Seventeenth Senatorial District: Brooks F. McCabe, Jr., of the
County of Kanawha.
From the foregoing official returns of the election of members
of the Senate, it appears that the persons therein named were
elected to the Senate at the election held on the Tuesday next
after the first Monday in November, two thousand ten.
Whereupon,
On the call of the roll of the Senate, the following members
and members-elect answered to their names:
Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire,
K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins,
Kessler, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo,
Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills and Yost.
Thirty-three present and prospective members having answered
to their names, the Chair declared the presence of a quorum.
The following members-elect came forward to the Clerk's desk
and qualified by taking and subscribing to the several oaths of
office prescribed by the Constitution, which oaths were
administered by the Honorable Margaret L. Workman, Chief Justice of
the Supreme Court of Appeals of West Virginia: Orphy Klempa, of the
County of Ohio; Larry J. Edgell, of the County of Wetzel; David C.
Nohe, of the County of Wood; Mike Hall, of the County of Putnam;
Evan H. Jenkins, of the County of Cabell; H. Truman Chafin, of the
County of Mingo; Ron D. Stollings, of the County of Boone; Erik P.
Wells, of the County of Kanawha; Mike Green, of the County of
Raleigh; Ronald F. Miller, of the County of Greenbrier; Mark Wills,
of the County of Mercer; Gregory A. Tucker, of the County of
Nicholas; Joseph M. Minard, of the County of Harrison; Robert D.
Beach, of the County of Monongalia; Dave Sypolt, of the County of
Preston; Walt Helmick, of the County of Pocahontas; John R. Unger
II, of the County of Berkeley; and Brooks F. McCabe, Jr., of the
County of Kanawha.
All the members-elect having qualified, the Senate then
proceeded to its biennial organization.
The first order of business in the organization of the Senate
being the adoption of the Senate Rules,
Senators Kessler, Beach, Browning, Edgell, D. Facemire,
Foster, Klempa, Laird, McCabe, Palumbo, Prezioso, Snyder, Unger, Wells, Wills and Yost offered the following resolution:
Senate Resolution No. 1--Adopting rules of the Senate.
Resolved by the Senate:
That the rules of the Senate be adopted as follows and shall
govern the proceedings of the Senate during the
seventy-ninth
eightieth Legislature, subject to amendment as provided in the
rules:
RULES OF THE SENATE
QUORUM
1. A majority of the members elected to the Senate shall
constitute a quorum and a quorum shall be necessary to proceed to
business, but two members may adjourn, and three members may order
a call of the Senate, send for absentees and make any order for
their censure or discharge. On a call of the Senate, the doors
shall not be closed against any member until his or her name shall
have been twice called.
2. In case a less number than a quorum of the Senate shall
convene, the members present are hereby authorized to send the
Sergeant at Arms, or any other person or persons by them
authorized, for any and all absent members as the majority of such
members shall agree, at the expense of such absent members,
respectively, unless such excuse for nonattendance shall be made as
the Senate, when a quorum is convened, shall judge sufficient; and,
in that case, the expense shall be paid out of the contingent fund
of the Senate. This rule shall apply, as well to the first meeting
of the Senate at the legal time of meeting, as to each day of the session, after the hour has arrived to which the Senate stood
adjourned.
OFFICERS
3. The Senate, at the commencement of each new Legislature,
shall elect as its officers a President, Clerk, Sergeant at Arms
and Doorkeeper.
If at any time the President becomes acting
Governor pursuant to Article VII, Section 16 of the West Virginia
Constitution
, the Senate shall immediately elect one of its
remaining members to serve as acting President. The acting
President shall act and serve at all times when the duly elected
President is serving as acting Governor and shall perform all of
the duties of the office of Senate President without limitation:
Provided, That the acting President shall not be in the line of
succession for acting Governor under the provisions of Article VII,
Section 16 of the West Virginia Constitution. The vote of a
majority of all the members elected to the Senate shall be
necessary for the election of these officers and the vote shall be
by voice vote and be entered upon the Journal.
4. The President of the Senate or acting President shall
appoint a President pro Tempore, who, during the absence of the
President or acting President, if any, shall preside and perform
all the duties of the President.
5. The President may call a member to the chair who shall
perform the duties of the chair until the President returns to the
chair, but no member by virtue of such appointment shall preside
for a longer period than three consecutive legislative days.
6. The Clerk of the Senate shall not allow any records or
papers to be taken from the table or out of his or her custody
except by a chairperson of a committee to which they may have been
referred and then only upon a proper receipt therefor and except as
required by these rules or by the Joint Rules of the Senate and
House of Delegates.
ORDER OF BUSINESS AND PROCEDURE
7. The order of business of the Senate shall be:
1. To read, correct and approve the Journal.
2.
Introduction of guests.
3.
To dispose of communications from the House of
Delegates and the Executive.
4.To receive reports from standing committees.
5.To receive reports from select committees.
6.To receive bills, resolutions, motions and petitions.
7.To act upon unfinished business of the preceding day
and resolutions lying over from the previous day,
and no resolution shall lose its place on the
calendar by not being acted upon on the day
following that on which it was offered.
8.Senate and House bills on third reading.
9.Senate and House bills on second reading.
10.Senate and House bills on first reading.
11.Introduction of guests.
12.Remarks by members of the Senate.
13.Miscellaneous business.
8. Every member desiring to speak shall stand in his or her
own place, address the President and, upon being recognized, shall
proceed, confining oneself to the question under debate, avoiding
all indecorous or disrespectful language. The President may
recognize the member by name; but no member in debate or remarks
shall designate another by name.
9. If the question in debate contains several points, any
member may have the same divided. On motion to strike out and
insert, it shall not be in order to move for a division of the
question.
10. The rejection of a motion to strike out and insert one
proposition shall not prevent a motion to strike out and insert a
different proposition and shall not prevent a subsequent motion to
simply strike out. The rejection of a motion simply to strike out
shall not prevent a subsequent motion to strike out and insert.
11. No question shall be debated until it has been propounded
by the President. The President, after calling a member to assume
the chair, the mover of the question, the chairperson of the
committee that reported the matter or the sponsor of the bill or
resolution, in that order of preference, shall have the right to
explain his or her views in preference to any other member.
12. No member shall speak more than twice upon the same
question without leave of the Senate or more than once until every
member choosing to speak shall have spoken, except that the mover
of the question shall have the right to close the debate thereon.
13. While the President is putting the question, any member who has not spoken before to the matter may speak to the question
before the negative is put.
BILLS AND RESOLUTIONS
14. No Senate bill, other than a Senate supplementary
appropriation bill, and no Senate joint resolution shall be
introduced in the Senate after the forty-first day of a regular
session unless permission to introduce the bill or the joint
resolution be given by a Senate resolution, setting out the title
to the bill or the joint resolution and adopted by a two-thirds
vote of the Senate members present. When permission is requested
to introduce a bill or joint resolution under the provisions of
this rule, quadruplicate copies of the bill or the joint resolution
shall accompany the resolution when introduced.
A standing committee of the Senate may originate a bill or
resolution and report the same after the forty-first day.
The forty-first day of the regular session held in the year
one thousand nine hundred seventy-seven and every fourth year
thereafter shall be computed from and include the second Wednesday
of February of such years.
15. Each bill or resolution for introduction shall be
presented in quadruplicate, bearing the name of the member or
members by whom it is to be introduced, and shall be filed with the
Clerk not later than twelve o'clock meridian on the legislative day
next preceding its introduction:
Provided, That the pre-filing
requirement shall not apply to the first day of any session of the
Legislature. A bill may be introduced by request. All bills introduced by request shall bear the words "by request", following
the designation of the name or names of the bill sponsor or
sponsors.
The Clerk shall designate one copy of a bill or resolution the
official copy and it shall constitute the official bill or
resolution for use of committees and for the permanent files of the
Senate. One copy shall be used for printing and copying, one for
the use of the news media and one for the Clerk's general office
files.
Each bill or resolution shall be numbered, edited and
corrected as to form by the Clerk and reported by the Clerk to the
Senate on the next legislative day, under the sixth order of
business. In case of urgency, on motion for leave agreed to by a
majority of the members present, a member may introduce a bill or
resolution from the floor.
15a. Prior to final consideration, by any committee in the
Senate, of any bill which either increases or decreases the revenue
or fiscal liability of the State or any county, municipality or
other subdivision of the State or in any manner changes or modifies
any existing tax or rate of taxation, such bill shall have attached
thereto a fiscal note, if available, which "Fiscal Note" shall
conform to the requirements as to form and content prescribed by
the "Fiscal Note Manual", prepared and adopted by the Committee on
Rules to govern preparation of fiscal notes to bills introduced in
the Senate.
It shall be the responsibility of the legislator introducing a bill to obtain such note when required. Such note shall be
attached to the bill when filed for introduction, if at all
possible, and shall accompany any bill requiring such note when the
same is reported from committee.
The jackets of all measures with fiscal notes attached or
requiring such notes shall have the words "Fiscal Note" or the
initials "FN" clearly stamped or endorsed thereon.
16. All concurrent and simple resolutions when introduced
shall lie on the table at least one day, and then be referred to
the appropriate committee unless the Senate directs otherwise by a
vote of a majority of the members present.
It is hereby declared to be the policy of the Senate that
concurrent resolutions be limited to the general purposes of
expressing the sentiments of the Legislature, for authorizing
expenditures incidental to the sessions and business of the
Legislature, for agreeing upon adjournments beyond the
constitutional limitation, for creating special joint committees,
for raising a joint assembly and other inferior and incidental
purposes of legislation, and such other purposes as the Legislature
may deem proper. The adoption of such resolutions must be
concurred in by both houses.
Concurrent resolutions shall be restricted to expressions of
sentiments and actions having a bearing upon matters incident to
legislative business and the functioning of the legislative process
insofar as possible.
Concurrent resolutions shall not embrace congratulatory expressions to individuals, organizations, associations or other
entities having no relation to the Legislature or public affairs
generally, athletic events, scholastic contests, or any other
matter not related to the scope and areas of legislative business:
Provided, That this rule shall not bar the introduction of
resolutions memorializing deceased members of the Legislature and
public officials or commending or congratulating public officials
on actions in connection with governmental affairs.
Before any concurrent resolution is introduced, it shall be
submitted to the Clerk for determination of compliance with this
rule. If the Clerk determines that it is in compliance with this
rule, the concurrent resolution shall be introduced. If the Clerk
determines that it is not in compliance with this rule, or if the
Clerk is in doubt about its compliance, the Clerk shall submit it
to the Committee on Rules for this determination, and then the
concurrent resolution shall be introduced only if the Committee
determines that it is in compliance with this rule.
17. Unless otherwise directed by the Committee on Rules all
bills, resolutions or business originating in the Senate shall be
considered at the appropriate order of business in the order in
which they are introduced, and all bills and resolutions received
from the House of Delegates shall be introduced in the order in
which they are received and shall be considered at the appropriate
order of business in their numerical order.
18. All bills and resolutions passed or adopted by and
reported from the House of Delegates shall be read by their titles and referred to the appropriate committee unless the Senate directs
otherwise by a vote of a majority of the members present. They
shall then be proceeded with in the same manner as Senate bills or
resolutions. All bills and joint resolutions introduced shall be
read by their titles and referred to the appropriate committee
without printing and shall be treated in committee as resolutions
of inquiry. If the committee reports a bill or resolution
different, either by amendment or substitution, from the one
introduced, it shall be received and treated by the Senate as the
original bill or resolution. All Senate bills and joint
resolutions reported by a committee shall be printed, with the
proposed committee amendments printed on the foot thereof, and
shall be then read a first time, unless in any of the aforesaid
cases the Senate directs otherwise by a vote of a majority of the
members present.
18a. Any bill, resolution or business which does not follow
the procedures of Rule Nos. 17 and 18 shall remain in the
possession of the Senate Committee on Rules.
19. All bills shall be read on three different days, unless
in case of urgency, by a vote of four fifths of the members
present, taken by yeas and nays, on each bill, this rule be
dispensed with.
20. All engrossed bills shall be fully and distinctly read
when put upon their passage.
21. On each reading of the bill the Clerk shall state whether
it is the first, second or third reading of such bill, but no bill shall be put upon its second reading until the same shall have been
printed and delivered to the members of the Senate at least one day
previous to such reading, unless the Senate directs otherwise by a
vote of a majority of the members present.
21a. Upon motion of any member, on any legislative day or the
day preceding, the Senate may, by a vote of two thirds of those
present, establish a period of time known as "Bill Reading Docket".
Such motion shall state each bill to be read, the time and
order for such bill reading docket to commence and to conclude, and
may provide for the adjournment or recess of the Senate for not
more than one legislative day, during which reading of the docket
no motion, except a motion to postpone the reading of the bills, by
two-thirds vote of those elected, shall be heard. A quorum shall
not be required during the reading of the docket. Any and all
members requesting that a bill be read shall be present at all
times in the Chamber during its reading.
All bills read on the bill reading docket shall be considered
as having been read fully and distinctly.
22. On the first reading of a bill, a motion to reject the
bill shall be in order.
23. If a committee shall have reported adversely to a bill,
the President immediately after the report of said committee is
read shall put the question, "Shall the bill be rejected?" which
question shall have precedence over all motions, except a motion to
adjourn.
24. A bill shall be amended only on second reading. When a bill is being read for amendment, it shall be read section by
section on the demand of any two members. When the amendments
which may be moved shall be disposed of, the question shall be
taken on ordering a Senate bill to be engrossed and ordered to
third reading and on ordering a House bill to third reading. If a
Senate bill should be ordered to its engrossment and third reading
and amendments thereto have been made, the type from which the bill
was originally printed shall be changed to conform to the
amendments. The bill shall then be reprinted and shall be the
engrossed bill. If no amendments are made, the bill as originally
printed may be ordered to its third reading and shall become the
engrossed bill. All Senate bills so ordered shall be jacketed,
endorsed with their number, title, by whom introduced, and if the
bill is finally passed, the date of its passage and the signature
of the Clerk. If a Senate bill should be passed by the House and
returned to the Senate without amendments, or if amended, and the
amendments should be agreed to, the bill shall be enrolled by the
Clerk and delivered to the Joint Committee on Enrolled Bills. In
the case of a House bill on second reading if the same be amended,
the amendment or amendments shall be noted in full in typewriting
on slips of paper and attached to the bill at the proper place by
the Clerk before the bill is returned to the House, and all
amendments shall appear in the Senate Journal.
25. When a bill or joint resolution is put upon its passage
or adoption, respectively, the President shall propound the
question, "Shall the bill pass?" or "Shall the resolution be adopted?" On the passage or adoption, respectively, of every bill
or joint resolution, the vote shall be taken by yeas and nays.
When the bill or joint resolution is on second reading and the
question is upon striking out, the President shall propound the
question, "Shall these words be stricken out?"
26. When a Senate bill or Senate joint resolution passed by
the Senate shall be amended by the House of Delegates, the question
on agreeing to the bill or joint resolution, as amended, shall be
again voted on by yeas and nays in the Senate. In all such cases
the affirmative vote of a majority of all the members elected to
the Senate shall be necessary.
COMMITTEES
27. At the commencement of each Legislature, standing
committees shall be appointed, each committee to consist of the
number of members indicated in the parentheses following the naming
of the committee. The following committees shall be named:
1.On Agriculture (11).
2.
On Banking and Insurance (13).
3.On Confirmations (9).
4.On Economic Development (14).
5.
On Education (14).
6.On Energy, Industry and Mining (13).
7.On Finance (17).
8.On Government Organization (14).
9.On Health and Human Resources
(13).
10. On Interstate Cooperation (7); (the President of the Senate is to be ex officio cochairperson).
11.On the Judiciary (17).
12.On Labor (11).
13.On Military (9).
14.On Natural Resources (13).
15.On Pensions (7).
16.On Rules (10); (the President of the Senate is to be
ex officio chairperson).
17.On Transportation and Infrastructure (9).
28. All standing committees shall be appointed by the
President. The President shall designate the chairperson of each
standing committee and may also designate a vice chairperson of any
standing committee when the President may deem it advisable.
The chairperson of each standing committee of the Senate shall
cause a record to be kept of every meeting of such committee,
wherein shall be entered:
(a) The time and place of each committee meeting and every
hearing had before the committee.
(b) The attendance of members of the committee at each meeting
thereof.
(c) The name of any person appearing before the committee and
the interest represented by him or her.
(d) The vote of each member of the committee when a yea and
nay vote is taken.
Any member of such standing committee may cause a notation to
be made upon the record aforesaid of the reason for his or her absence at any former meeting of the committee; and, in the absence
of any such explanatory note, the presumption shall be that his or
her absence was without reasonable cause.
The chairperson of each standing committee shall, upon
request, make the record of any yea and nay vote taken, in open or
executive session, available for public inspection no later than
the next legislative day after the close of the standing committee
meeting at which such yea and nay vote was taken.
The several standing committees shall have leave to report by
bill, resolution, or otherwise, any proposed legislation
originating therein, as well as to report back a committee
substitute for a Senate bill or resolution, or otherwise. A
committee substitute, with the consent of the original sponsor,
shall carry the name of the original sponsor. Reports of
committees shall be advisory only. All committees shall submit
their reports to the Senate in writing and the same shall be
printed in the Journal.
On the adjournment of each session of the Legislature, the
chairperson of the respective committees shall deliver to the Clerk
of the Senate the record book herein provided for, and it shall be
the duty of such Clerk to preserve the same among the archives of
his or her office.
29. The President shall refer bills and resolutions
introduced and such other matters as the President shall deem
appropriate to a standing committee.
30. Select committees shall consist of not less than three nor more than five members, unless the Senate directs otherwise by
a vote of a majority of the members present.
31. The Committee on Rules shall examine the oaths taken by
each member and the evidence of their election and report to the
Senate.
The Committee on Rules shall report in all cases of privileges
and contested elections, the principles and reasons on which their
resolutions are founded.
The Committee on Rules shall see that all papers belonging to
the Clerk's Office are properly labeled and filed and that the
books belonging to the office are chronologically arranged.
32. All meetings of Senate standing committees, other than
executive sessions, shall be open to the public, and an executive
session may be held only upon a majority vote of the members
present.
33. When the Senate shall resolve itself into the Committee
of the Whole, the President shall leave the chair and appoint a
chairperson to preside in the committee.
The Committee of the Whole shall consider and report on such
subjects as may be committed to it by the Senate. The rules of the
Senate shall be observed in the Committee of the Whole, so far as
they are applicable, except the rules limiting the number of times
speaking, concerning the previous question and taking the yeas and
nays. The proceedings in the Committee of the Whole shall not be
recorded on the Journal of the Senate, except so far as reported to
the Senate by the chairperson of the committee.
34. Any bill, resolution or business may, by a vote of the
majority of the members present, be withdrawn from the committee to
which it had been referred or be taken from the table, and placed
upon the calendar of the Senate in such order of business as the
Senate may direct: Provided, That those bills, resolutions or
business referred to the Senate Committee on Rules under authority
of Rule No. 17 may by a vote of two thirds of the members present
be withdrawn from the Senate Committee on Rules
DECORUM AND DEBATE
35. If a member be called to order for words spoken in
debate, the person calling the member to order shall repeat the
words excepted to, and they shall be taken down in writing at the
Clerk's table; and no member shall be held to answer, or be subject
to the censure of the Senate, for words spoken in debate if any
other member has spoken or other business has intervened after the
words spoken and before the exception to them was taken.
36. While the President is reporting or putting a question,
no one shall entertain private discourse or walk into, out of or
across the Senate Chamber.
37. No member or other person except the Clerk and the
Clerk's assistants shall visit or remain by the Clerk's table while
the yeas and nays are being taken.
38. During any debate, any Senator, though he or she has
spoken to the matter, may arise and speak to the orders of the
Senate, if they be transgressed, in case the President does not.
MOTIONS
39. When a question is pending, no motion shall be received
except:
1.To adjourn.
2.To lay on the table.
3.For the previous question.
4.To postpone the question to a different day.
5.To commit.
6.To amend.
7.To postpone indefinitely.
These several motions shall have precedence in order in which
they are arranged.
40. The following motions shall be decided without debate,
and shall not be amended:
1.To adjourn.
2.To fix the time to which the Senate shall adjourn.
3.To lay on the table.
4.For the previous question.
5.To suspend the constitutional rule requiring bills to
be read on three several days.
6.To recess.
41. There shall be a motion for the previous question, which
being ordered by a majority of the members present, shall have the
effect to cut off all debate and bring the Senate to a direct vote
upon the immediate question or questions on which it has been asked
and ordered. The previous question may be asked and ordered upon
a single motion, a series of motions, or may be made to embrace all authorized motions or amendments and include the bill to its
engrossment and third reading and then, on renewal and second of
said motion, to its passage or rejection. It shall be in order,
pending a motion for, or after the previous question shall have
been ordered on its passage, for the President to entertain and
submit a motion to commit with or without instructions to a
standing or select committee. A motion to lay upon the table
pending a motion for the previous question shall be in order only
when the previous question has been moved on the second or third
reading of a bill.
A call of the Senate shall not be in order after the previous
question is ordered, unless it shall appear upon an actual count by
the President that a quorum is not present.
All incidental questions of order arising after a motion is
made for the previous question, and pending such motion, shall be
decided, whether on appeal or otherwise, without debate.
RECONSIDERATION OF VOTE
42. After any question has been decided in the affirmative or
in the negative, it shall be in order for any member who voted with
the prevailing side to move for a reconsideration of the vote
thereon at any time on the same day or the next succeeding day of
actual session. When the yeas and nays have not been recorded in
the Journal, any member, irrespective of whether he or she voted
with the prevailing side or not, may make the motion to reconsider.
If the Senate refuse to reconsider, or upon reconsideration shall
affirm its first decision, no further motion to reconsider shall be in order. No vote shall be reconsidered upon motions to adjourn,
to lay on the table, to take from the table or for the previous
question.
The motion to reconsider may be put and acted upon when made.
If seconded, it shall take precedence of all other questions,
except the consideration of a conference report and the motion to
adjourn, and unless by motion postponed until some future date be
acted upon at once. When a motion to reconsider is made and not
acted upon at the time, it shall be placed upon the calendar, under
unfinished business, and be acted upon the next succeeding day of
actual session. A motion to reconsider shall not be withdrawn
without leave of the Senate.
No bill, resolution, message, report, amendment or motion,
upon which a motion is pending to reconsider the vote thereon,
shall be taken out of the possession of the Senate until final
disposition of the motion to reconsider. No motion for
reconsideration of the vote on any question, which has gone out of
the possession of the Senate, shall be in order unless subsequently
recalled by vote of the Senate and in possession of the Clerk.
When a motion to reconsider has been carried, its effect shall
be to place before the Senate the original question in the exact
position it occupied before it was voted upon.
VOTING
43. Every member within the Senate Chamber, when a question
is put, shall vote unless he or she is immediately and particularly
interested therein, meaning an interest that affects the member directly and not as one of a class, or the Senate excuses him or
her. All motions to excuse a member from voting must be made by
the member requesting to be excused before the Senate divides, or
before the call of the yeas and nays is commenced, and it shall be
decided without debate, except that the member making the motion to
be excused from voting may briefly state the reason why it ought to
be adopted.
44. The yeas and nays shall be taken on motions to dispense
with the constitutional rule requiring a bill to be fully and
distinctly read on three different days and on fixing the effective
date of an act of the Legislature; on agreeing to a joint
resolution proposing an amendment to the Constitution of the State;
on the passage of a bill notwithstanding the objections of the
Governor; on the passage of a supplementary appropriation bill; on
the passage of a Senate bill or Senate joint resolution amended by
the House; on all questions where a specific vote is required by
the Constitution, the Joint Rules of the Senate and House of
Delegates, or by these rules; on the passage of a bill; and on
quorum calls:
Provided, That the yeas and nays shall be taken on
demand of any member on any question unless another member objects.
Upon any such objection the President shall inquire of the
membership if the demand for the yeas and nays is sustained. If
the demand is so sustained by one tenth of the members present, the
yeas and nays shall be taken, and, if the demand is not sustained
by one tenth of the members present, then the yeas and nays shall
not be taken.
The result of all votes taken by yeas and nays shall be
entered on the Journal. When the yeas and nays are inserted on the
Journal, the result of the vote as to total yeas, nays and
absentees shall be recorded, with the names of the Senators voting
yea or nay, and those absent.
When the yeas and nays are ordered, or a call of the Senate is
directed, the names of the members shall be called in alphabetical
order; excepting, however, the name of the President, which shall
be called last.
After completion of a roll call vote, no member shall speak to
explain his or her vote. A member's vote explanation shall not be
printed in the daily Journal. A member may have his or her vote
explanation printed in the bound Journal provided the member
obtains the floor and makes this request immediately following
announcement of the results of the roll call vote and disposition
of the matter and delivers his or her written vote explanation to
the Clerk within three legislative days during the session or, if
there are less than three legislative days remaining in the
session, within seventy-two hours after adjournment
sine die. The
Clerk shall note on the daily Journal for the day of the roll call
vote that the member has reserved the privilege of having his or
her vote explanation printed later in the bound Journal.
45. On all roll calls of the yeas and nays when the voting
machine is not used, and before the result is announced, the Clerk
shall at the request of any member read either the names of those
who voted yea or of those who voted nay, whichever is the smaller number, and the names of those absent and not voting, if any, and
shall announce that all others voted either yea or nay, whichever
is the larger number. In the event of a tie vote, the Clerk shall
upon such request read the names of those who voted yea and the
names of those absent and not voting, if any, and shall announce
that all others voted nay. At that time any member shall have the
right to correct any mistake committed in enrolling his or her
name. The vote then shall be announced and the count entered on
the Journal.
45a. The voting machine may be used in taking the yeas and
nays on any question. It may also be used for quorum calls and for
determining the result when a division is demanded. When the
machine is used for calling the attendance roll, a member shall
indicate "present" by use of the green "yea" button.
When a vote is to be taken on the voting machine, the
President shall announce the question to be voted upon and direct
the Clerk to prepare the machine. When the machine is ready for
voting, the President shall state, "The members will now vote."
After reasonable time has been given for all members to vote, the
President shall ask, "Have all members voted?" After a brief pause,
the President shall direct the Clerk to close the machine and
ascertain the result. The Clerk shall hand the record of the vote
to the President who shall promptly announce the result. Voting
shall be continuous and shall be permitted until the result thereof
is announced by the President:
Provided, That any vote cast after
the machine has been closed shall be stated by the President as having been cast and such shall be entered on the Journal:
Provided, however, That no vote may be cast after the vote has been
announced.
While the members are voting and before the machine is closed,
the wall display boards shall continuously display the vote of each
member and the total pending vote.
Under no circumstance shall a member or nonmember vote on
behalf of another member.
All other rules governing voting and the taking of the yeas
and nays, insofar as applicable, shall apply to taking votes by
means of the voting machine.
MESSAGES
46. The Clerk of the Senate may interchange messages with the
Clerk of the House of Delegates during sessions of the Senate and
between the hours of adjournment and that of meeting on the
following legislative day.
47. Messages may be received in any stage of business except
when a question is being put by the President, while the yeas and
nays are being called by the Clerk or while the votes are being
counted.
48. When a bill or resolution of the House of Delegates is
passed or rejected by the Senate, the fact of its passage or
rejection, with the bill or resolution shall be communicated to the
House of Delegates.
JOURNAL
49. The Journal of the Senate shall be daily drawn up by the Clerk and shall be read, corrected and approved the succeeding day.
It shall be printed under the supervision of the Clerk and
delivered to the members without delay. After the printed Journal
has been approved and fully marked for corrections, the type from
which it was printed shall be changed in accordance therewith, and
from the type so corrected shall be printed the number of copies
required by law for the regular bound volumes of the Journal. In
addition thereto ten copies shall be printed on 6 x 9 heavy weight
bond paper with a certificate at the end thereof signed by the
President and Clerk of the Senate certifying that the same is the
Official Journal of the Senate. They shall be bound in flexible
binding and bear the imprint on the back, "Official Journal of the
Senate of West Virginia", with designation of regular or
extraordinary session and the year. After being signed by the
proper officers, two of these copies shall be retained in the
office of the Clerk, one copy shall be lodged in the office of the
Governor, one with the Secretary of State, one with the Division of
Archives and History and one with the Clerk of the House of
Delegates.
ABSENCE OF MEMBERS
50. No member shall absent himself or herself from the
service of the Senate during its sittings without leave of the
Senate, except in case of his or her sickness or other unavoidable
cause which may prevent his or her attendance.
POWER OVER MEMBERS
51. No Senator shall be taken into custody by the Sergeant at Arms on any question of complaint of breach of privilege until the
matter is examined by the Committee on Rules and reported to the
Senate, unless by order of the President of the Senate.
52. The Senate may punish its own members for disorderly
behavior, and with the concurrence of two thirds of the members
elected thereto, expel a member, but not twice for the same
offense.
POWER OVER OTHERS
53. The Senate may punish by imprisonment, any person not a
member, for disrespectful behavior in its presence; for obstructing
any of its officers in the discharge of their duties, or for any
assault, threat or abuse of any member for words spoken in debate;
but such imprisonment shall not extend beyond the termination of
the session.
GUESTS AND PRIVILEGE OF THE FLOOR
54. No person except members of the House of Delegates,
former members of the West Virginia Legislature who are not
lobbyists, duly accredited representatives of the press, radio and
television and legislative officers and employees engaged in the
proper discharge of their duties shall be admitted within the
Senate Chamber while the Senate is in session. The rear or east
balcony of the Senate Chamber shall be reserved for guests of the
members of the Senate, and admission thereto shall be by pass
signed by the President and the member seeking admission of the
guest.
LOBBYING
55. No person, not a member of the Senate, shall, while
within the Chamber when the Senate is in session, seek in any
manner whatsoever to influence the vote or opinion of any Senator
on any subject of legislative consideration, under penalty of
disbarment from the Chamber for the remainder of the legislative
session. No employee of the Senate shall, at any time, engage in
such activity, under penalty of immediate dismissal by the
Committee on Rules.
56. Repealed by S. R. 16, February 1, 1978.
NOMINATIONS AND CONFIRMATIONS
57. Unless the Senate directs otherwise by a vote of a
majority of the members present, when nominations shall be made in
writing by the Governor to the Senate, a future day shall be
assigned for taking them into consideration and the nominations
shall be referred to the Committee on Confirmations.
When considering and acting on the nominations of the
Governor, the Senate shall be in open session. The voting on each
nomination shall be by yeas and nays. The result of Senate action
upon any nomination by the Governor shall be forthwith certified to
the Governor in a formal communication signed by the President and
attested by the Clerk.
57a. The phrase "next meeting of the Senate" contained in
article seven, section nine of the Constitution of West Virginia
means any time the full Senate is convened and includes, but is not
limited to, any regular session, any extraordinary session called
during any recess or adjournment of the Legislature, during any impeachment proceeding or any time the Senate is convened pursuant
to section ten-a, article one, chapter four of the code of West
Virginia.
CONSTITUTIONAL AMENDMENT
58. When an amendment to be proposed to the Constitution of
West Virginia is under consideration, the vote of a majority of the
members present shall be sufficient to decide an amendment thereto
or any collateral or incidental questions. A proposed amendment to
the Constitution of West Virginia, to be adopted, must be agreed to
by a two-thirds vote of the members elected to the Senate.
ADJOURNMENT
59. When the Senate adjourns each day, it shall stand
adjourned to 2 o'clock P.M. the next day, unless the Senate directs
otherwise by a vote of a majority of the members present, and every
member shall keep his or her seat until the President leaves the
chair.
AMENDING RULES
60. All propositions to amend these standing rules or any
order of the Senate shall be by resolution and be at once referred,
without debate, to the Committee on Rules and shall be reported
therefrom within seven legislative days. Any such resolution may
be adopted by a majority vote.
SUSPENSION OF RULES OR ORDER
61. No standing rule or order of the Senate shall be
suspended except by a vote of two thirds of all the members of the
Senate present.
PARLIAMENTARY PROCEDURE
62. In all cases not provided for by these Rules of the
Senate or the Joint Rules of the Senate and House of Delegates, the
Senate shall be governed by
Jefferson's Manual and
Rules of the
House of Representatives of the United States Congress and
practices thereunder.
At the request of Senator Unger, unanimous consent being
granted, the resolution (S. R. No. 1) was taken up for immediate
consideration and reference to a committee dispensed with.
The question being on the adoption of the resolution,
Following extended discussion and points of inquiry to the
Chair, with resultant responses thereto,
Senator Barnes moved that the Senate adjourn.
The question being on the adoption of the aforestated motion
by Senator Barnes, and on this question, Senator Unger demanded the
yeas and nays.
The roll being taken, the yeas were: Barnes, Boley, Chafin,
K. Facemyer, Fanning, Hall, Helmick, Nohe and Tucker--9.
The nays were: Beach, Browning, Edgell, D. Facemire, Foster,
Green, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Palumbo,
Plymale, Prezioso, Snyder, Stollings, Unger, Wells, Williams,
Wills, Yost and Kessler--23.
Absent: Sypolt and Tomblin--2.
So, a majority of those present and voting not having voted in
the affirmative, the President declared the aforestated motion by
Senator Barnes had not prevailed.
Following discussion,
The question now being on the adoption of the resolution, and
on this question, Senator Unger demanded the yeas and nays.
The roll being taken, the yeas were: Beach, Browning, Edgell,
D. Facemire, Foster, Green, Klempa, Laird, McCabe, Miller, Palumbo,
Plymale, Prezioso, Snyder, Stollings, Unger, Wells, Williams,
Wills, Yost and Kessler--21.
The nays were: Barnes, Boley, Chafin, K. Facemyer, Fanning,
Hall, Helmick, Jenkins, Minard, Nohe, Sypolt and Tucker--12.
Absent: Tomblin--1.
So, a majority of those present and voting having voted in the
affirmative, the Chair declared the resolution (S. R. No. 1)
adopted.
Thereafter, at the request of Senator Jenkins, and by
unanimous consent, the remarks by Senators Jenkins, Unger, Hall,
Barnes, K. Facemyer and Sypolt regarding the adoption of Senate
Resolution No. 1 were ordered extended in the Journal of Friday,
January 14, 2011.
On motion of Senator Unger, the Senate recessed for five
minutes.
Upon expiration of the recess, the Senate reconvened.
At the request of Senator Unger, and by unanimous consent, the
provisions of rule number fifty-four of the Rules of the Senate,
relating to persons entitled to the privileges of the floor, were
suspended in order to permit the Senators to have members of their
families and friends as guests during today's session.
The next order of business being the election of a President,
For that office, Senator Kessler nominated the Honorable Earl
Ray Tomblin, of the County of Logan; seconded by Senator Unger.
Senator Hall then requested unanimous consent that Senator
Tomblin be elected President of the Senate by acclamation.
Which consent was not granted, Senator Fanning objecting.
Senator Hall then moved that Senator Tomblin be elected
President of the Senate by acclamation.
The question being on the adoption of Senator Hall's
aforestated motion, and on this question, Senator Fanning demanded
the yeas and nays.
Following discussion,
At the request of Senator Hall, and by unanimous consent, his
aforestated motion was withdrawn.
Senator Hall then moved that Senator Tomblin be elected
President of the Senate.
The question being on the adoption of Senator Hall's
aforestated motion, and on this question, Senator K. Facemyer
demanded the yeas and nays.
The roll being taken, the yeas were: Barnes, Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, Foster, Green, Hall,
Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo,
Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells,
Williams, Wills, Yost and Kessler--30.
The nays were: K. Facemyer, Fanning and Helmick--3.
Absent: Tomblin--1.
So, a majority of those present and voting having voted in the
affirmative, the Chair declared Senator Hall's aforestated motion
had prevailed.
Whereupon, the Chair appointed Senators Stollings, Green and
Hall a committee to escort the President-elect to the Chair.
A standing ovation was then accorded the President-elect, as
he proceeded to the rostrum accompanied by the foregoing select
committee.
Whereupon, Senator Tomblin qualified as President, by taking
the several oaths of office prescribed by law and administered by
the Honorable Jack Alsop, Judge of the Fourteenth Judicial Circuit
of West Virginia.
Senator Tomblin (Mr. President) assumed the Chair and
addressed the Senate as follows:
SENATOR TOMBLIN: My fellow members of the Senate, the oath I
have sworn before you today in this historic chamber marks the
ninth time that you have entrusted me with the presidency of the
West Virginia State Senate. You know, I love the Senate. The fact
that you have entrusted me with this position again means the world
to me and for that I thank you. As you know, I have always worked
hard as a senator and as your Senate President to do what is right
for the people of West Virginia. Together, we have made great
strides for our state.
With the vacancy of the governorship, I was called upon as
Senate President to act as your Governor. It's a constitutional
obligation that I do not take lightly and it is one that I focus my efforts on completely. Just as we have worked so hard in the
Senate, I have a duty to take that same approach in acting as
Governor. You have again permitted me to serve as your Senate
President and act as your Governor. And I will do all I can to
make you proud.
In a lot of ways, the past two months have been difficult for
all of us. At the end of the day, we need to get the work of the
people done. We need to do what is right for West Virginia.
During these next 60 days I pledge that I will do all I can to work
with you to make this session a successful one. Again, thank you
for your efforts today to elect me, once again, as your Senate
President.
At this time, and under our Constitution, I am once again
called upon to act as Governor. I do not believe that by taking my
seat it is a violation of the separation of powers, and I remain
the Senate President.
I know that in my absence all of you will work hard to get the
work of the Senate done. I want you to know that I have a deep
respect, admiration and love for each and every one of you. As I
leave this chamber to fulfill my constitutional duties, a special
bond that I have with you can never be broken.
Again, thank you for electing me as your Senate President.
God Bless you and God Bless the State of West Virginia.
Thank you so much.
_________
(Senator Chafin in the Chair)
At the request of Senator Unger, unanimous consent being
granted, the foregoing acceptance remarks by Senator Tomblin (Mr.
President) were ordered extended in the Journal.
Thereafter, at the request of Senator Unger, and by unanimous
consent, the nominating remarks by Senators Kessler and Unger were
ordered printed in the Appendix to the Journal.
The following communication from His Excellency, the Governor,
was next reported by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
November 12, 2010
The Honorable Natalie E. Tennant
Secretary of State
State Capitol
Charleston, West Virginia
Dear Madame Secretary:
As a matter of formal procedure, I submit my bittersweet
resignation as West Virginia's 34th Governor, effective at noon on
Monday, November 15, 2010. I must take this action in order to
serve the remainder of the unexpired term of the late beloved and
legendary U. S. Senator Robert C. Byrd.
It has been my greatest honor to serve the people of West
Virginia; in doing so, we have made great strides as a state during
these past six years. We have paid down our debt and have put our
financial house in order, while not cutting jobs or services. West Virginia has been nationally recognized for our solid financial
management. Today, despite the global economic downturn, our
little state emits a beacon based on the concepts of having fiscal
responsibility, caring for our citizens and planning for our
future.
What is good for West Virginia is good for our country. We
have the coal and natural gas that provide the energy that not only
keeps the lights on but also helps run the nation. We have the
people that keep this nation moving. Our work force is among the
most productive in the nation. Our state government tops the
charts in fiscal responsibility.
Washington can and must learn from what we have done in West
Virginia. It was the challenges that face our country at this time
that influenced my decision to seek election to the U. S. Senate
seat. Our fight for West Virginia's issues must be taken to the
White House, and we must work to bring our nation back together.
As West Virginia's newest U. S. Senator, I pledge to always
put West Virginia and her people first. I will always remember
where I come from, the small coal mining town of Farmington, W.
Va., and that West Virginians are a tough, compassionate people who
can shake your hand, look into your eyes and touch your heart.
I truly thank the people of West Virginia for the
extraordinary opportunity to serve as governor of this great state
and now to represent them as U. S. Senator. I will hold my
experiences over the past six years very close to my heart and my
fellow West Virginians will always be on my mind as I follow in the formidable footsteps of Senator Robert C. Byrd--committed to doing
what is best for our country and state first.
With deepest respect,
Joe Manchin III,
Governor.
cc:The Honorable Earl Ray Tomblin
The Honorable Richard Thompson
The Honorable Robin Jean Davis
The next order of business in the biennial organization being
the election of an Acting President,
For that office, Senator McCabe nominated the Honorable
Jeffrey V. Kessler, of the County of Marshall; seconded by Senator
Stollings.
On motion of Senator Hall, Senator Kessler was elected Acting
President of the Senate by acclamation.
Whereupon, the Chair appointed Senators Unger, Edgell and Hall
a committee to escort the Acting President-elect to the Chair.
A standing ovation was then accorded the Acting President-
elect, as he proceeded to the rostrum accompanied by the foregoing
select committee.
Whereupon, Senator Kessler qualified as Acting President, by
taking the several oaths of office prescribed by law and
administered by the Honorable Jack Alsop, Judge of the Fourteenth
Judicial Circuit of West Virginia.
Senator Kessler (Mr. President) assumed the Chair and
addressed the Senate as follows:
SENATOR KESSLER: I'll keep these remarks very short and
sweet. I want to thank you, first of all, each and every one of
you, for the confidence shown in me in electing me to this
position.
I recognize that we're in unchartered waters and historical
times and areas and places as a body that we haven't faced for 150
years. But, as I look above me and I see that clock, I'm reminded
that it is always moving forward. If the clock doesn't work right,
we start working backwards.
A lot of things have happened over the past few months--some
of them have been boisterous and cantankerous but those are all
behind us. The good Lord had the wisdom to put the eyes in front
of our heads rather than the back. He wanted us to look forward,
not behind us. As we move forward in this Senate, we have an
opportunity to do big things and good things--perhaps, even great
things. You know the time now for elections is over--the time to
govern is now. I suggest that we have an opportunity before us to
not only do good things but to do great things.
As a young man going away to college, I remember putting a
little motto on my desk of my room in my dorm that I looked at from
time to time and it had a quote from Thomas Jefferson. It stuck
with me and stayed with me. Thomas Jefferson said, "With slight
efforts, to expect great results is not only foolish it is
impossible".
We have the ability and we have the opportunity, ladies and
gentlemen of this Senate, to not only do good things but to do great things. But it will require a great effort by each of us to
reach out to each other across the aisle, to each of our
colleagues, to put the bickering and the fighting, and the
differences that may have divided us behind us.
We have an opportunity to move this state forward and we will.
And while I may be the Acting President, my tenure here, and yours,
won't be governed by the title upon this podium it will be by the
acts of the Legislature that we adopt and pass. That's what the
people of this state will remember--the good work, perhaps, even
the great work that we do.
That is our challenge. That is our opportunity. Clearly, we
have change. There is change around us with the death of Senator
Byrd but we have capable, competent and excellent leaders in this
Senate and each and every one of you can seize the moment to do
great things. I'm tired of being last and I know you are as well.
The challenge I have to you, and I extend to you, is the
commitment that we will make jointly to do great things for West
Virginia to start us on a chart and start us on a path to working
with our Governor and working with our colleagues across the hall.
These days will be remembered not by the debate that occurred
here between noon and 2:00 but by the wonderful work that we do in
this Senate and in this Legislature to take this state to places
it's never dreamed of going before. That's our vision. That's our
challenge. That's our destination. I need your help and with it
we will get there because I think you will agree with me there is
no other acceptable destination.
So with that, I'm prepared to lead the Eightieth Senate in the
State of West Virginia to the best of my abilities working with
each and everyone of you to do great things.
With that, we're prepared to move next to the nominations of
the Senate Clerk.
_________
At the request of Senator Unger, unanimous consent being
granted, the foregoing acceptance remarks by Senator Kessler (Mr.
President) were ordered extended in the Journal.
Thereafter, at the request of Senator Unger, and by unanimous
consent, the nominating remarks by Senators McCabe and Stollings
were ordered printed in the Appendix to the Journal.
The next order of business being the election of a Clerk,
For that office, Senator Minard nominated the Honorable
Darrell E. Holmes, of the County of Kanawha; seconded by Senator
Miller.
On motions of Senator Hall, severally made, nominations were
closed and the President was authorized to cast the unanimous vote
of the Senate for the election of Mr. Holmes.
The President then announced the vote and declared that Mr.
Holmes, having received all the votes cast, had been unanimously
reelected Clerk of the Senate.
Whereupon, Mr. Holmes qualified as Clerk, by taking the
several oaths of office prescribed by law and administered by the
Honorable Jack Alsop, Judge of the Fourteenth Judicial Circuit of
West Virginia.
The next order of business being the election of a Sergeant at
Arms,
For that office, Senator Fanning nominated the Honorable
Howard L. Wellman, of the County of Mercer; seconded by Senator
Edgell.
On motions of Senator Hall, severally made, nominations were
closed and the President was authorized to cast the unanimous vote
of the Senate for the election of Mr. Wellman.
The President then announced the vote and declared that Mr.
Wellman, having received all the votes cast, had been unanimously
reelected Sergeant at Arms of the Senate.
Whereupon, Mr. Wellman qualified as Sergeant at Arms, by
taking the several oaths of office prescribed by law and
administered by the Honorable Jack Alsop, Judge of the Fourteenth
Judicial Circuit of West Virginia.
The last order of business in the biennial organization of the
Senate being the election of a Doorkeeper,
For that office, Senator McCabe nominated the Honorable Tony
Gallo, of the County of Kanawha; seconded by Senator Prezioso.
On motions of Senator Hall, severally made, nominations were
closed and the President was authorized to cast the unanimous vote
of the Senate for the election of Mr. Gallo.
The President then announced the vote and declared that Mr.
Gallo, having received all the votes cast, had been unanimously
elected Doorkeeper of the Senate.
Whereupon, Mr. Gallo qualified as Doorkeeper, by taking the several oaths of office prescribed by law and administered by the
Honorable Jack Alsop, Judge of the Fourteenth Judicial Circuit of
West Virginia.
With the completion of organization of the Senate, by the
election of officers for the eightieth Legislature,
The next organizing resolution was offered, Senator Unger
submitting the following:
Senate Resolution No. 2--Raising a committee to notify the
House of Delegates the Senate has assembled and completed its
organization.
Resolved by the Senate:
That a committee of three be appointed by the President to
inform the House of Delegates that the Senate has assembled, with
a quorum present, organized by the reelection of the Honorable Earl
Ray Tomblin as President, election of the Honorable Jeffrey V.
Kessler as Acting President and reelection of Mr. Darrell E. Holmes
as Clerk, and is ready to proceed with the business of this regular
session.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such
committee, the following:
Senators Beach, Wills and Nohe.
Subsequently, Senator Beach reported that the committee had
performed the duty assigned to it.
The first message this session from the House of Delegates, by
Delegates Manypenny, Jones and Householder, announced that the
House of Delegates has assembled, with a quorum present, organized
by the reelection of the Honorable Richard Thompson as Speaker, and
Mr. Gregory M. Gray as Clerk, and is ready to proceed with the
business of this first regular session of the eightieth
Legislature.
Senator Unger then offered the following resolution:
Senate Resolution No. 3--Raising a committee to inform the
Governor that the Legislature is organized.
Resolved by the Senate:
That a committee of three on the part of the Senate, to join
with a committee on the part of the House of Delegates, be
appointed by the President to notify His Excellency, the Governor,
that the Legislature has assembled in regular session and organized
by the election of officers as required by the Constitution and is
ready, with a quorum of each house present, to proceed with the
business of this session and to receive any communication or
message he may desire to present.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such
committee, the following:
Senators Williams, Miller and Sypolt.
A message from the House of Delegates, by
Delegates Poore, Ferns and Storch, announced that the Speaker
had appointed them a committee of three to join with the similar
committee on the part of the Senate under the provisions of Senate
Resolution No. 3 to wait upon the Governor. Senate and House
members of this select committee then proceeded to the executive
offices.
Subsequently, Senator Williams reported that the joint Senate
and House committee had performed the duty assigned to it.
Senator Prezioso offered the following resolution:
Senate Resolution No. 4--Relating to the mailing of bills and
journals.
Resolved by the Senate:
That during the regular and any extraordinary session of the
eightieth Legislature the Clerk of the Senate is hereby authorized
to have mailed from the Senate document room copies of bills and
daily journals of the Senate to addresses furnished by members of
the Senate, twenty of which such addresses may be submitted by
each; the expenses of such mailing, including postage, to be paid
out of the contingent fund of the Senate by the Auditor of West
Virginia, in advance of the appropriation therefor, under
requisition drawn by the Clerk of the Senate.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Senators Kessler (Mr. President), Prezioso and Hall offered
the following resolution:
Senate Concurrent Resolution No. 1--Relating to the payment of
bills for supplies, services and printing and authorized contingent
and other expenses of the eightieth Legislature.
Resolved by the Legislature of West Virginia:
That for the regular and any extraordinary session of the
eightieth Legislature, the Auditor of West Virginia, in advance of
the appropriation for such purposes, is hereby authorized, upon
proper requisition of the Clerk of the Senate and the Clerk of the
House of Delegates, to pay bills for supplies and for services
furnished to the Legislature preparatory to the beginning of,
during and following the adjournment of sessions, including
contingent expenses of the respective houses; the per diem of
officers, other than the President of the Senate or the Acting
President of the Senate and the Speaker of the House of Delegates,
and employees of the Senate and of the House of Delegates; travel
expenses of members as authorized by law; bills for legislative
printing as the accounts for same become due; and any other
authorized contingent and other expenses of the Legislature or the
respective houses.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration
and reference to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and
joint resolutions were introduced, read by their titles, and
referred to the appropriate committees:
By Senators Yost, Barnes, Unger, Foster, Jenkins, Plymale,
Sypolt, D. Facemire, Edgell, Beach and Williams:
Senate Bill No. 1--A Bill to amend and reenact §2-2-1 of the
Code of West Virginia, 1931, as amended, relating to state
holidays; designating December 7 of each year as "West Virginia
Patriots of World War II Day"; and making it a state holiday.
Referred to the Committee on Military; and then to the
Committee on Finance.
By Senators Yost, Barnes, Unger, Jenkins, Wells, Sypolt, D.
Facemire and Williams:
Senate Bill No. 2--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §20-
5-19a, relating to providing a fifty percent discount to members of
the West Virginia National Guard and the West Virginia National
Guard Reserve in campground rental fees in state parks.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senators Yost, Unger, Jenkins, Sypolt, D. Facemire and
Edgell:
Senate Bill No. 3--A Bill to amend and reenact §20-2-42c of
the Code of West Virginia, 1931, as amended, relating to allowing
members of the West Virginia National Guard or its Reserve to obtain free hunting and fishing licenses while serving in the West
Virginia National Guard or its Reserve; and license for life upon
full retirement.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senators Yost, Unger, Jenkins, Plymale and Sypolt:
Senate Bill No. 4--A Bill to amend and reenact §11-21-12 of
the Code of West Virginia, 1931, as amended, relating to exempting
all military, National Guard and reserve income from state income
taxes.
Referred to the Committee on Military; and then to the
Committee on Finance.
By Senator Yost:
Senate Bill No. 5--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §29-
6A-1, §29-6A-2, §29-6A-3, §29-6A-4, §29-6A-5, §29-6A-6, §29-6A-7,
§29-6A-8, §29-6A-9, §29-6A-10, §29-6A-11, §29-6A-12, §29-6A-13,
§29-6A-14, §29-6A-15, §29-6A-16, §29-6A-17, §29-6A-18, §29-6A-19,
§29-6A-20, §29-6A-21, §29-6A-22, §29-6A-23, §29-6A-24, §29-6A-25
and §29-6A-26, all relating to promoting orderly and constructive
employment relations between the state and its employees;
increasing the efficiency of the state; ensuring the health and
safety of the citizens of this state; requiring the state to
recognize, negotiate and bargain with employee organizations
representing state employees and to enter into written agreements
evidencing the result of bargaining; and encouraging labor peace through the establishment of standards and procedures which protect
the rights of the state, the state's employees and the citizens of
this state.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Yost, Unger, Jenkins, Plymale and Sypolt:
Senate Bill No. 6--A Bill to amend and reenact §11-21-12 of
the Code of West Virginia, 1931, as amended, relating to exempting
all military retirement income from state income tax.
Referred to the Committee on Military; and then to the
Committee on Finance.
By Senators Yost, Sypolt and D. Facemire:
Senate Bill No. 7--A Bill to amend and reenact §17A-10-3b of
the Code of West Virginia, 1931, as amended; to amend and reenact
§17C-15-44 of said code; and to amend said code by adding thereto
a new section, designated §17C-15-44a, all relating to motorcycle
safety and equipment; increasing the motorcycle safety fee;
providing a motorcycle helmet exemption for motorcyclists meeting
certain requirements; helmet exemption sticker and fees; penalties;
and rules.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Yost, Barnes, Wells and Sypolt:
Senate Bill No. 8--A Bill to amend and reenact §4-10-8 of the
Code of West Virginia, 1931, as amended; to amend and reenact §5F-
1-2 of said code; to amend and reenact §5F-2-1 of said code; to amend and reenact §6-7-2a of said code; and to amend and reenact
§9A-1-1, §9A-1-2 and §9A-1-4 of said code, all relating to
redesignating the Division of Veterans' Affairs the Department of
Veterans' Assistance; providing that the department be supervised
by a secretary-level administrator; establishing the salary of the
secretary; providing an effective date; and making other changes to
the code to effect the change.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Foster:
Senate Bill No. 9--A Bill to amend and reenact §30-5-14 of the
Code of West Virginia, 1931, as amended, relating to the
registration and permits for operation of pharmacies; and
forbidding the sale of tobacco products in licensed pharmacies.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Foster and Plymale:
Senate Bill No. 10--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §5-
10-22k; and to amend said code by adding thereto a new section,
designated §18-7A-26v, all relating to providing one-time three
percent supplement to all public employee and teacher annuitants
when reaching the age of seventy.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Foster and D. Facemire:
Senate Bill No. 11--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §30-
5-12a, relating to prescription and pharmacy data privacy; stating
legislative intent; prohibiting disclosure of certain data;
requiring legislative rules; creating administrative penalties
assessed by the West Virginia Pharmaceutical Cost Management
Council and assessed by the Attorney General; and providing for
enforcement.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Foster:
Senate Bill No. 12--A Bill to amend and reenact §16-1-6 of the
Code of West Virginia, 1931, as amended; and to amend and reenact
§22-1-3 of said code, all relating to requiring the Commissioner of
the Bureau for Public Health to conduct a public health impact
statement assessing the health impact of any new, or modification
to, air or water rule proposed by the Secretary of the Department
of Environmental Protection; and requiring the Secretary of the
Department of Environmental Protection to incorporate findings of
the impact statement into the proposed rule.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senator Foster (By Request):
Senate Bill No. 13--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §39A-
4-1, §39A-4-2, §39A-4-3, §39A-4-4, §39A-4-5, §39A-4-6 and §39A-4-7, all relating to real property; enacting the Uniform Real Property
Electronic Recording Act; providing for the recording of electronic
real property documents by county clerks; and validity of real
property documents with electronic signatures.
Referred to the Committee on Interstate Cooperation; and then
to the Committee on Finance.
By Senators Foster, Plymale and D. Facemire:
Senate Bill No. 14--A Bill to amend and reenact §11-21-12 of
the Code of West Virginia, 1931, as amended, relating to the
reduction of state income taxes for certain state and federal
retirees by increasing the exemption on retirement income in
calculating the federal gross income for state personal income tax
purposes.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Foster:
Senate Bill No. 15--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §5-
10-22k; and to amend said code by adding thereto a new section,
designated §18-7A-26v, all relating to the Public Employees
Retirement System and the State Teachers Retirement System; and
providing for a one-time bonus of $600 for certain annuitants.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Foster:
Senate Bill No. 16--A Bill to amend and reenact §5A-3-37 of the Code of West Virginia, 1931, as amended, relating to requiring
political subdivisions of the state and county boards of education
to give preference to resident vendors and vendors employing state
residents; and reducing certain time requirements to meet residence
qualifications.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Foster, McCabe, Jenkins, Wells and Plymale:
Senate Bill No. 17--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §5-
26-1 and §5-26-2, all relating to the creation of the Herbert
Henderson Office of Minority Affairs; establishing the powers and
duties of the office; providing for an executive director, staff
and office; requiring annual reports to the Governor and the Joint
Committee on Government and Finance; and creating a Minority
Affairs Fund.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Unger, Barnes, Foster and D. Facemire:
Senate Bill No. 18--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §60-
3A-3a; and to amend said code by adding thereto a new section,
designated §60-7-9, all relating to requiring certain employees of
licensed private clubs and retail outlets selling alcoholic
beverages to take the techniques for education and alcohol
management course, the training for intervention procedures course, alcohol awareness programs provided by the American Hotel and
Lodging Association or the National Restaurant Association or other
similar alcohol awareness education courses provided or approved by
the Alcohol Beverage Control Commissioner; and providing rule-
making authority.
Referred to the Committee on Finance.
By Senators Barnes, Jenkins, Sypolt and D. Facemire:
Senate Bill No. 19--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §11-
21-10b, relating to providing a $250 tax credit to firefighters who
have up-to-date credentials during the taxable year.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Unger:
Senate Bill No. 20--A Bill to amend and reenact §22-15A-16 of
the Code of West Virginia, 1931, as amended, relating to setting
recycling goals; conducting a one-time study to determine the
recycling rate in West Virginia; requiring the submission of
recycling data; and initiating a one-time award program to
recognize certain recycling leaders.
Referred to the Committee on Natural Resources.
By Senators Helmick, Barnes, Sypolt and D. Facemire:
Senate Bill No. 21--A Bill to amend and reenact §31-15A-16 of
the Code of West Virginia, 1931, as amended, relating to dedication
of severance tax proceeds; specifying a minimum share of coalbed
methane severance tax revenue be distributed to producing counties in an amount at least equal to the share received by nonproducing
counties; specifying the distribution method for severance tax
revenues for coalbed methane-producing and nonproducing counties;
and specifying computation.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on Finance.
By Senators Plymale and Jenkins:
Senate Bill No. 22--A Bill to amend and reenact §29-22A-10 and
§29-22A-10b of the Code of West Virginia, 1931, as amended, all
relating to the net terminal income allocated to the Development
Office Promotion Fund and the Cultural Facilities and Capitol
Resources Matching Grant Program Fund; and technical amendments.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Barnes:
Senate Bill No. 23--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §8-
13C-5b, relating to establishing the method that municipalities
shall calculate their business and occupation tax on gasoline
distributers and dealers.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Unger and McCabe:
Senate Bill No. 24--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §22-
29-1, §22-29-2, §22-29-3, §22-29-4, §22-29-5 and §22-29-6, all relating to the adoption of green building standards for the
construction or renovation of public buildings over fifty thousand
square feet in size; authorizing rulemaking; defining terms; and
establishing minimum energy standards for public buildings.
Referred to the Committee on Finance.
By Senator Foster:
Senate Bill No. 25--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §16-
9G-1, §16-9G-2, §16-9G-3, §16-9G-4, §16-9G-5, §16-9G-6, §16-9G-7,
§16-9G-8, §16-9G-9, §16-9G-10, §16-9G-11, §16-9G-12, §16-9G-13,
§16-9G-14, §16-9G-15 and §16-9G-16, all relating to the Smoke Free
West Virginia Act; providing definitions; prohibiting smoking in
public places of employment and government vehicles; prohibiting
smoking in student dormitories; designating other nonsmoking areas;
providing exemptions; providing for enforcement; violations and
penalties; local regulation; prohibiting smoking around entrances,
exits, windows and ventilation intakes; and rules.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Barnes and Sypolt:
Senate Bill No. 26--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §33-
42-9, relating to prohibiting the performance of any abortion when
the woman seeking it is doing so solely on account of the gender of
the fetus; and prescribing a criminal penalty for violations of
this section.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Barnes and Sypolt:
Senate Bill No. 27--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §29-
5A-3a, relating to authorizing mixed martial arts competitions; and
authorizing the State Athletic Commission to propose rules.
Referred to the Committee on the Judiciary.
By Senators Barnes and Sypolt:
Senate Bill No. 28--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto two new sections, designated
§33-42-9 and §33-42-10, all relating to the care of aborted
fetuses; requiring medical facilities that provide abortions to
administer anesthesia to an unborn fetus when aborted if it is
older than seven weeks; requiring all available medical means to be
used to preserve the life of a fetus if it is alive when aborted;
and providing criminal penalties for violations.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Williams, Plymale and D. Facemire:
Senate Bill No. 29--A Bill to amend and reenact §3-6-4a of the
Code of West Virginia, 1931, as amended, relating to elections;
requiring write-in candidates for public office to pay a filing fee
for the office sought; and providing for distribution of the fee in
the same manner as other candidates.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators K. Facemyer and D. Facemire:
Senate Bill No. 30--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §18A-
2-15, relating to school personnel; and requiring boards of
education to hire the most qualified person for extracurricular
activities.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators K. Facemyer and D. Facemire:
Senate Bill No. 31--A Bill to amend and reenact §16-9A-3 of
the Code of West Virginia, 1931, as amended, relating to increasing
the penalties for use or possession of tobacco or tobacco products
by a person under eighteen years of age; increasing fines and
community service requirements; and providing, upon a second
offense, for revocation of the person's junior or graduated
driver's license until the minor attains eighteen years of age or
if the person does not yet have a driver's license, the person is
ineligible to apply for any type of driver's license until the
minor attains eighteen years of age.
Referred to the Committee on the Judiciary.
By Senators K. Facemyer and D. Facemire:
Senate Bill No. 32--A Bill to amend and reenact §17C-17-9 of
the Code of West Virginia, 1931, as amended, relating to increasing
the maximum weight for six-axle tractor trailers.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators K. Facemyer and Williams:
Senate Bill No. 33--A Bill to amend and reenact §4-11A-3 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§19-1-4 of said code; and to amend said code by adding thereto a
new section, designated §19-1-4e, all relating to the Tobacco
Settlement Fund; duties of the Commissioner of the Department of
Agriculture; duty to assist farmers to make the transition from
growing tobacco to growing other crops or pursuing other
agriculture-related businesses; creating the Transition Program for
Tobacco Farmers' Fund; and creating the Transition Program for
Tobacco Farmers.
Referred to the Committee on Agriculture; and then to the
Committee on Finance.
By Senators Williams and D. Facemire:
Senate Bill No. 34--A Bill to amend and reenact §11-15-3c of
the Code of West Virginia, 1931, as amended; to amend and reenact
§17A-1-1 of said code; to amend and reenact §17A-3-2 and §17A-3-7
of said code; to amend said code by adding thereto a new section,
designated §17A-3-2a; to amend and reenact §17A-3A-2 and §17A-3A-3
of said code; to amend and reenact §17A-6-1 of said code; and to
amend and reenact §17A-10-1 and §17A-10-3 of said code, all
relating to the sale and use of mini-trucks; authorizing the
Division of Motor Vehicles to title, register and establish
ownership documentation requirements for mini-trucks; establishing
where mini-trucks may be operated; setting forth specific equipment that must be on a mini-truck; permitting annual safety inspections
to be waived if certain conditions are met; requiring operators of
mini-trucks to have proofs of insurance and financial
responsibility; exempting mini-trucks from federal safety and
emission standards; requiring sellers to provide to prospective
purchasers full disclosure on whether a mini-truck conforms to
certain federal safety and environmental standards; defining the
term "mini-truck"; establishing the registration class and fee for
a mini-truck; and redefining the term "all-terrain vehicle".
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Snyder and Plymale:
Senate Bill No. 35--A Bill to amend and reenact §11-21-10a of
the Code of West Virginia, 1931, as amended, relating to raising
the tax credit for nonfamily adoptions to $4,000.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Jenkins:
Senate Bill No. 36--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §18-
5C-1, §18-5C-2, §18-5C-3, §18-5C-4, §18-5C-5, §18-5C-6, §18-5C-7,
§18-5C-8, §18-5C-9, §18-5C-10, §18-5C-11, §18-5C-12, §18-5C-13,
§18-5C-14, §18-5C-15, §18-5C-16, §18-5C-17, §18-5C-18 and §18-5C-
19, all relating to public education; authorizing public colleges
or universities to sponsor community schools in cooperation with
county boards of education; providing a short title; stating legislative intent; providing definitions; stating powers of
community schools and requirements; providing for boards of
trustees and their powers; establishing pilot project and terms of
application for project and terms and forms of agreement; providing
exemption from public schools facility rules; providing for
enrollment; providing for school staff and funding; transportation
of students; tort liability of community schools; requiring annual
reports and assessments; and providing causes for nonrenewal or
termination.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Jenkins:
Senate Bill No. 37--A Bill to amend and reenact sections 1, 2
and 3, chapter 232, Acts of the Legislature, regular session, 1997,
all relating to expanding the counties covered by West Virginia
Route 2 and Interstate 68 Authority to include Cabell, Mason and
Jackson counties; and increasing the number of members.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Government
Organization.
By Senators Jenkins, Barnes, Plymale, Sypolt and D. Facemire:
Senate Bill No. 38--A Bill to amend and reenact §7-8-14 of the
Code of West Virginia, 1931, as amended, relating to requiring
defendants who are sentenced to jail to pay the costs of
incarceration; and requiring the sentencing court to conduct a
hearing at or before sentencing to determine the individual's ability to pay the costs.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Jenkins, Barnes, Plymale and Sypolt:
Senate Bill No. 39--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §62-
1-1a, relating to the temporary detention of criminal suspects by
law-enforcement officers to inquire on commission of a crime where
probable cause appears to exist.
Referred to the Committee on the Judiciary.
By Senator Jenkins:
Senate Bill No. 40--A Bill to amend and reenact §23-2-1 of the
Code of West Virginia, 1931, as amended, relating to providing that
taxicab companies are not required to subscribe to or pay into the
Workers' Compensation Fund by having insurance policies approved by
the Insurance Commissioner.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Jenkins, Foster, Stollings and Williams:
Senate Bill No. 41--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §5B-
2H-1, §5B-2H-2, §5B-2H-3, §5B-2H-4, §5B-2H-5 and §5B-2H-6, all
relating to requiring a jobs impact statement for certain proposed
legislation.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Jenkins and Plymale:
Senate Bill No. 42--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §7-
11-7; to amend said code by adding thereto a new section,
designated §8-21-10a; and to amend said code by adding thereto a
new section, designated §20-5-23, all relating to immunity from
civil liability for operators of parks and recreation districts.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Jenkins and Williams:
Senate Bill No. 43--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §55-
7E-1, §55-7E-2, §55-7E-3, §55-7E-4 and §55-7E-5, all relating to
filing of claims for asbestos; disclosures regarding existing and
anticipated claims involving asbestos bankruptcy trusts;
defendants' rights in asbestos action to require claimant to show
cause regarding additional bankruptcy trust claims; certification
of cause of action by court; discovery of materials from bankruptcy
trusts; value of trust claims; sanctions for noncompliance; and
rights of setoff.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Jenkins and Plymale:
Senate Bill No. 44--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §11-
21-10b, relating to providing an earned income tax credit from the state personal income tax for certain taxpayers with qualifying
children.
Referred to the Committee on Finance.
By Senator Jenkins:
Senate Bill No. 45--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §11-
3-1c, relating to the method of appraising certain affordable
multifamily rental housing property for ad valorem property tax
purposes.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Jenkins:
Senate Bill No. 46--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §39A-
4-1, §39A-4-2, §39A-4-3, §39A-4-4, §39A-4-5, §39A-4-6 and §39A-4-7,
all relating to creating the Uniform Real Property Electronic
Recording Act; providing short title; defining certain terms;
clarifying validity of electronic documents and electronic
signatures; providing for recording of electronic documents;
requiring any county clerk implementing the provisions of the act
to comply with established standards; authorizing county clerks to
receive, index, store, archive and transmit electronic documents;
authorizing county clerks to allow public access, search and
retrieval of electronic documents; allowing county clerks to
convert paper documents accepted for recording into electronic
documents; authorizing county clerks to collect electronically any tax or fee they are authorized by law to collect; authorizing
county clerks to agree with other jurisdictions on procedures or
processes necessary for electronic recording of documents;
authorizing the Governor's Office of Technology to work with
various interest groups to develop the standards necessary to
electronically record real property documents; setting forth areas
for consideration when adopting or changing standards; providing
for uniformity of application and construction of the act; and
providing that this act modifies, limits and supersedes certain
parts of the federal Electronic Signatures in Global and National
Commerce Act.
Referred to the Committee on Interstate Cooperation; and then
to the Committee on Finance.
By Senators Minard and Barnes:
Senate Bill No. 47--A Bill to amend and reenact §31-17-5, §31-
17-8 and §31-17-14 of the Code of West Virginia, 1931, as amended,
all relating to mortgage license provisional approval; disclosure
of fees in a mortgage loan; and administrative hearing, appeal and
scheduling procedures.
Referred to the Committee on Banking and Insurance.
By Senators Minard, D. Facemire, Beach and Williams:
Senate Bill No. 48--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §18-
11-12, relating to including on the state personal income tax
return a checkoff option to donate some or all of any tax refund to
the Jackson's Mill 4-H Camp Checkoff Program.
Referred to the Committee on Agriculture; and then to the
Committee on Finance.
By Senator Minard:
Senate Bill No. 49--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §31A-
2-8b, relating to the authority of the Commissioner of Banking to
enter into contracts with depository institutions to provide loan
review services; and providing that funds obtained from contracts
for loan review services shall be treated the same as bank
assessment funds established by said code.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Minard, D. Facemire, Beach and Williams:
Senate Bill No. 50--A Bill to amend and reenact §50-1-9a of
the Code of West Virginia, 1931, as amended, relating to increasing
the number of allowable magistrate court deputy clerks; and
designating an additional deputy clerk for Braxton County.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Minard and Barnes:
Senate Bill No. 51--A Bill to amend and reenact §46A-7-115 of
the Code of West Virginia, 1931, as amended, relating to consumer
credit and protection generally; requiring persons engaged in
making consumer credit sales and certain other consumer-related
activities to register with the Commissioner of Banking instead of
filing a notification with the Tax Division; setting forth the provisions of a registration form; providing for a registration
fee; and exempting certain other organizations and individuals from
the registration requirements.
Referred to the Committee on Banking and Insurance.
By Senators Minard, Jenkins and D. Facemire:
Senate Bill No. 52--A Bill to amend and reenact §11-21-12 of
the Code of West Virginia, 1931, as amended, relating to exempting
Social Security income from state personal income tax.
Referred to the Committee on Finance.
By Senator Minard:
Senate Bill No. 53--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §5-
16-18a, relating to underwriting of nonstate employer groups by the
Public Employees Insurance Agency.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Minard, D. Facemire and Williams:
Senate Bill No. 54--A Bill to amend and reenact §20-5-16 of
the Code of West Virginia, 1931, as amended, relating to allowing
the Director of the Division of Natural Resources to enter into
contracts granting long-term usage and related rights and
privileges to third parties sufficient to attract private
investment for the financing, construction and operation of
additional lodging units at Stonewall Jackson Lake State Park; and
directing the Director of the Division of Natural Resources to file
emergency and legislative rules governing any such long-term usage contracts and related rights and privileges.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senator Minard:
Senate Bill No. 55--A Bill to amend and reenact §6-9-7 of the
Code of West Virginia, 1931, as amended, relating to clarifying
that audit-supporting documentation is confidential.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Jenkins, Barnes, Sypolt and Williams:
Senate Bill No. 56--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §55-
7E-1, §55-7E-2, §55-7E-3, §55-7E-4 and §55-7E-5, all relating to
filing of claims for asbestos; disclosures regarding existing and
anticipated claims involving asbestos bankruptcy trusts;
defendants' rights in asbestos action to require claimant to show
cause regarding additional bankruptcy trust claims; certification
of cause of action by court; discovery of materials from bankruptcy
trusts; value of trust claims; sanctions for noncompliance; and
rights of setoff.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Jenkins, McCabe, Barnes and Sypolt:
Senate Bill No. 57--A Bill to amend and reenact §3-1-16 of the
Code of West Virginia, 1931, as amended; to amend and reenact §3-
4A-11a of said code; to amend said code by adding thereto a new section, designated §3-5-6a; to amend and reenact §3-5-7, §3-5-13
and §3-5-13a of said code; and to amend said code by adding thereto
a new section, designated §3-6-2a, all relating to the nonpartisan
election of Justices of the Supreme Court of Appeals; timing and
frequency of election; ballot design and printing; separation from
partisan ballot; nonpartisan election of justices; filing
announcement of candidacies; withdrawal of announcement of
candidacies; refund of paid filing fees; and ballot content and
form.
Referred to the Committee on the Judiciary.
By Senators Snyder, Unger and D. Facemire:
Senate Bill No. 58--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §29-
18A-1, §29-18A-2 and §29-18A-3, all relating to creating the
Commuter Rail Access Act; and allowing railroads in West Virginia
which charge track access fees for any daily railroad commuter
service in West Virginia a tax credit to the railroad against the
corporate net income tax equal to access fees lost in lieu of other
payment.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Barnes and Sypolt:
Senate Bill No. 59--A Bill to amend and reenact §3-8-12 of the
Code of West Virginia, 1931, as amended, relating to limitation of
distributing, handing out or otherwise dispensing public moneys by
elected officials within ninety days of elections.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Foster:
Senate Bill No. 60--A Bill to amend and reenact §62-12-5 and
§62-12-26 of the Code of West Virginia, 1931, as amended, all
relating to probation and parole; probation officers and
assistants; and providing that probation officers are authorized to
supervise sex offenders until a multijudicial officer is available
in the probation officer's area.
Referred to the Committee on the Judiciary.
By Senator Foster:
Senate Bill No. 61--A Bill to amend and reenact §49-5-2 of the
Code of West Virginia, 1931, as amended, relating to the
appointment of hearing officers for juvenile drug courts.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator K. Facemyer (By Request):
Senate Bill No. 62--A Bill to amend and reenact §21-11-13 of
the Code of West Virginia, 1931, as amended, relating to the West
Virginia Contractor Licensing Act; violation of article; and
increasing criminal penalties.
Referred to the Committee on the Judiciary.
By Senator K. Facemyer:
Senate Bill No. 63--A Bill to amend and reenact §60A-4-413 of
the Code of West Virginia, 1931, as amended, relating to the
Uniformed Control Substances Act; offenses and penalties; and extending the number of prohibited products included in the
definition of "salvia divinorum" and any of its derivatives to be
covered by the criminal penalties article of this chapter.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Jenkins:
Senate Bill No. 64--A Bill to amend and reenact §16-5O-2, §16-
5O-3 and §16-5O-4 of the Code of West Virginia, 1931, as amended,
all relating to permitting unlicensed personnel to administer
medications in certain circumstances; defining terms; and
exemptions from licensure.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Yost and Sypolt:
Senate Bill No. 65--A Bill to amend and reenact §11-3-9 of the
Code of West Virginia, 1931, as amended, relating to exempting from
taxation motor vehicles owned by members of the armed forces of the
United States while serving in a designated war zone.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senator Browning:
Senate Bill No. 66--A Bill to amend and reenact §17A-3-2 of
the Code of West Virginia, 1931, as amended, relating to allowing
the use of low-speed vehicles in incorporated municipalities with
speed limits of thirty-five miles per hour or less.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Government
Organization.
By Senators Yost, Foster, Jenkins, Miller and Sypolt:
Senate Bill No. 67--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§15-2B-6a; and to amend and reenact §15-2B-11 of said code, all
relating to requiring persons arrested for a felony to submit to a
DNA sample; and providing a procedure for expungement if the felony
charge has been dismissed.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Foster, Stollings, Jenkins, Wells and Beach:
Senate Bill No. 68--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §16-
41-1, §16-41-2, §16-41-3, §16-41-4, §16-41-5 and §16-41-6, all
relating to the creation of the West Virginia Oral Health
Improvement Act; requiring an oral health program to be
established; requiring a licensed dentist to be the director of the
program; setting forth the duties and obligations of the oral
health program; establishing a special revenue account; authorizing
the director to enter into contracts; and establishing reporting
requirements.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Sypolt, Barnes, Jenkins, D. Facemire and Williams:
Senate Bill No. 69--A Bill to amend and reenact §29-12A-3 of the Code of West Virginia, 1931, as amended, relating to clarifying
that fire chiefs and line officers working with paid and volunteer
fire departments are employees that are provided immunity under the
Governmental Tort Claims and Insurance Reform Act.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senator K. Facemyer:
Senate Joint Resolution No. 1--Proposing an amendment to the
Constitution of the State of West Virginia, amending section
thirteen, article VI thereof, relating to eligibility of the
citizens of the state to seat in the Legislature; numbering and
designating such proposed amendment; and providing a summarized
statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Minard, Barnes, Unger, Plymale and Williams:
Senate Joint Resolution No. 2--Proposing an amendment to the
Constitution of the State of West Virginia, amending section one-b,
article X thereof, relating to homestead exemption increase;
numbering and designating such proposed amendment; and providing a
summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Snyder, Unger and Miller:
Senate Joint Resolution No. 3--Proposing an amendment to the
Constitution of the State of West Virginia, amending section one-b, article X thereof, relating to homestead exemption increase;
numbering and designating such proposed amendment; and providing a
summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Plymale:
Senate Joint Resolution No. 4--Proposing an amendment to the
Constitution of the State of West Virginia, amending article X
thereof by adding thereto a new section, designated section twelve,
relating to simple majority rule on all county, city, school
district and municipal excess levies and bonds; and allowing
counties, cities, school districts and municipal corporations to
approve, by a vote of the people, excess levies and issue bonds by
a majority of the votes cast for and against the same; numbering
and designating such proposed amendment; and providing a summarized
statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
Without objection, the Senate returned to the third order of
business.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 1--Extending an invitation to
the President of the Senate, as Acting Governor, to deliver an
address to the Legislature and raising a Joint Assembly therefor.
Whereas, The President of the Senate, as Acting Governor,
advises that he will be pleased to address a Joint Assembly of the
House of Delegates and Senate at the convenience of the two houses;
therefore, be it
Resolved by the Legislature of West Virginia:
That the President of the Senate, as Acting Governor, be
hereby invited to address a Joint Assembly of the Legislature at
7:00 o'clock postmeridian this day; and, be it
Further Resolved, That the Speaker of the House and the Acting
President of the Senate appoint three members of each of their
respective houses of the Legislature as a Committee to wait upon
the President of the Senate, as Acting Governor, and escort him
into the Hall of the House of Delegates at the time herein
appointed for hearing the address.
At the request of Senator Unger, and by unanimous consent, the
message was taken up for immediate consideration and reference of
the resolution to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.
Whereupon, the President appointed as Senate members of such
committee, authorized by the foregoing resolution, the following:
Senators Unger, Edgell and Hall.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
On motion of Senator Unger, the Senate recessed until 6:45
p.m. today.
Upon expiration of the recess, the Senate reconvened.
The hour of 7 p.m. having arrived, that being the time set for
the joint assembly to hear the address of His Excellency, the
Governor, the Senate recessed until ten minutes after adjournment
of the joint assembly. Members of the Senate then repaired in a
body to the hall of the House of Delegates.
***
(NOTE: For formal procedure in the joint assembly and the
address of His Excellency, the Governor, the Honorable Earl Ray
Tomblin, see the Journal of the House of Delegates for this day.)
__________
Night Session
The joint assembly having been dissolved, the Senate returned
to its chamber and resumed its regular session.
Executive Communications
Senator Kessler (Mr. President) presented the following
communication from His Excellency, the Governor, submitting the
Executive Budget and annual budget bill, which was received and
read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
January 12, 2011
Senate Executive Message No. 1
The Honorable Jeffrey V. Kessler
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Kessler:
I herewith submit, pursuant to the Constitution of the State
of West Virginia, a budget and budget bill for the fiscal year
beginning July 1, 2011.
Sincerely,
Earl Ray Tomblin,
Governor.
Subsequently, Senator Kessler (Mr. President) laid before the
Senate the aforementioned annual budget bill,
By Senators Kessler (Mr. President) and Hall (By Request of
the Executive):
Senate Bill No. 70--A Bill making appropriations of public
money out of the Treasury in accordance with section fifty-one,
article VI of the Constitution.
Which was read by its title and referred to the Committee on
Finance.
Senator Kessler (Mr. President) announced appointment of the
standing committees of the Senate for this eightieth Legislature,
and at the request of Senator Unger, and by unanimous consent, the
complete list was ordered printed in the Journal as follows:
STANDING COMMITTEES OF THE SENATE
2011
________
AGRICULTURE
Senators Williams (
Chair), Beach (
Vice Chair), Fanning,
Helmick, Laird, Miller, Minard, Snyder, K. Facemyer, Nohe and
Sypolt.
BANKING AND INSURANCE
Senators Minard (
Chair), Jenkins (
Vice Chair), Chafin,
Fanning, Green, Helmick, McCabe, Palumbo, Prezioso, Tucker, K.
Facemyer, Boley and Hall.
CONFIRMATIONS
Senators Edgell (
Chair), Chafin (
Vice Chair), Browning, D.
Facemire, Plymale, Prezioso, Snyder, Hall and Sypolt.
ECONOMIC DEVELOPMENT
Senators Browning (
Chair), Klempa (
Vice Chair), Chafin, D.
Facemire, Helmick, McCabe, Prezioso, Snyder, Stollings, Wells,
Williams, K. Facemyer, Hall and Sypolt.
EDUCATION
Senators Plymale (
Chair), Wells (
Vice Chair), Beach, Browning,
Chafin, Edgell, Foster, Laird, Stollings, Tucker, Unger, Wills,
Barnes and Boley.
ENERGY, INDUSTRY AND MINING
Senators Green (
Chair), D. Facemire (
Vice Chair), Beach,
Fanning, Helmick, Jenkins, Klempa, Minard, Stollings, Yost, K.
Facemyer, Nohe and Sypolt.
ENROLLED BILLS
Senators Miller (
Chair), Palumbo, Beach, Wells and Barnes.
FINANCE
Senators Prezioso (
Chair), D. Facemire (
Vice Chair), Chafin, Edgell, Green, Helmick, Laird, McCabe, Miller, Plymale, Stollings,
Unger, Wells, Yost, Hall, Boley and Sypolt.
GOVERNMENT ORGANIZATION
Senators Snyder (
Chair), Green (
Vice Chair), Browning, Chafin,
Foster, Klempa, McCabe, Miller, Minard, Palumbo, Williams, Yost,
Boley and Sypolt.
HEALTH AND HUMAN RESOURCES
Senators Stollings (
Chair), Foster (
Vice Chair), Chafin,
Jenkins, Laird, Miller, Palumbo, Prezioso, Tucker, Wills, Yost,
Boley and Hall.
INTERSTATE COOPERATION
Senators Jenkins (
Chair), Tucker (
Vice Chair), Palumbo, Wells,
Wills, Nohe and Sypolt.
JUDICIARY
Senators Palumbo (
Chair), Wills (
Vice Chair), Beach, Browning,
Fanning, Foster, Jenkins, Klempa, McCabe, Minard, Snyder, Tucker,
Unger, Williams, Barnes, K. Facemyer and Nohe.
LABOR
Senators Yost (
Chair), Miller (
Vice Chair), Edgell, Foster,
Green, Klempa, Snyder, Williams, Wills, Barnes and Nohe.
MILITARY
Senators Wells (
Chair), Yost (
Vice Chair), Edgell, D.
Facemire, Laird, Williams, Boley, Sypolt and Nohe.
NATURAL RESOURCES
Senators Laird (
Chair), Fanning (
Vice Chair), Beach, Edgell,
D. Facemire, Green, Helmick, Prezioso, Williams, Wills, Barnes, Boley and K. Facemyer.
PENSIONS
Senators Foster (
Chair), Edgell (
Vice Chair), Jenkins, McCabe,
Plymale, Hall and Nohe.
RULES
Senators Kessler (
Chair), McCabe, Browning, Palumbo, Plymale,
Prezioso, Snyder, Unger, Boley and Hall.
TRANSPORTATION AND INFRASTRUCTURE
Senators Beach (
Chair), Klempa (
Vice Chair), D. Facemire,
Fanning, Plymale, Williams, Tucker, Barnes and K. Facemyer
.
__________
The President then announced the appointment of Senator Unger,
of the County of Berkeley, as majority leader of the Senate;
Senator Hall, of the County of Putnam, as minority leader of
the Senate;
Senator Browning, of the County of Wyoming, as majority whip
of the Senate;
Senator K. Facemyer, of the County of Jackson, as minority
whip of the Senate;
And,
Senator McCabe, of the County of Kanawha, as President
pro
Tempore of the Senate.
Pending announcement of a meeting of a standing committee of
the Senate,
On motion of Senator Unger, the Senate adjourned until
tomorrow, Thursday, January 13, 2011, at 11 a.m.
__________
Webmaster | © 2024 West Virginia Legislature **
