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Senate Journal



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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.)
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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.
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