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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

FIRST EXTRAORDINARY SESSION, 2011

SECOND DAY

____________

Charleston, W. Va., Tuesday, August 2, 2011

     The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)

     Prayer was offered by the Reverend Dennis Sparks, Executive Director, West Virginia Council of Churches, Charleston, West Virginia.
     Pending the reading of the Journal of Monday, August 1, 2011,
     On motion of Senator Plymale, the Journal was approved and the further reading thereof dispensed with.
     The Clerk presented a communication from the Commission on Uniform State Laws, submitting its annual report, in accordance with chapter twenty-nine, article one-a, section four of the code of West Virginia.
     Which report was received and filed with the Clerk.
     The Clerk presented a communication from the Office of Health Facility Licensure and Certification, submitting its annual nursing home licensing report, in accordance with chapter sixteen, article five-c, section three of the code of West Virginia.
     Which report was received and filed with the Clerk.
     The Clerk presented a communication from the Tax Commissioner, submitting the report of the Telecommunications Tax Study Workgroup, in accordance with chapter eleven, article thirteen-b, section nineteen of the code of West Virginia.
     Which report was received and filed with the Clerk.
     The Clerk presented a communication from the Higher Education Policy Commission and the Council for Community and Technical Education, submitting the annual report on services and facilities for student veterans, in accordance with chapter eighteen-b, article four, section nine of the code of West Virginia.
     Which report was received and filed with the Clerk.
     The Clerk presented a communication from the Higher Education Policy Commission and the Council for Community and Technical Education, submitting the annual report on priorities for capital investments, in accordance with chapter eighteen-b, article one-b, section four and chapter eighteen-b, article two-b, section six of the code of West Virginia.
     Which report was received and filed with the Clerk.
     The Clerk presented a communication from the Carbon Dioxide Sequestration Working Group, submitting its final report, in accordance with chapter twenty-two, article eleven-a, section six of the code of West Virginia.
     Which report was received and filed with the Clerk.
     Senator Kessler (Acting President) presented a communication from the Maternal Mortality Review Team, submitting its annual report as required by chapter forty-eight, article twenty-five-a, section three of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     Senator Kessler (Acting President) presented a communication from the Public Employees Grievance Board, submitting its annual report as required by chapter six-c, article three, section three of the code of West Virginia.
     Which report was received and filed with the Clerk.
     Senator Kessler (Acting President) presented a communication from the Department of Revenue, submitting its annual Public Employees Insurance Reserve Fund report as required by chapter eleven-b, article two, section fifteen of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     The Senate next proceeded to the fourth order of business.
     Senator Browning, from the Committee on Economic Development, submitted the following report, which was received:
     Your Committee on Economic Development has had under consideration
     Senate Bill No. 1002, Dedicating portion of coal severance tax to county of origin.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 1002 (originating in the Committee on Economic Development)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13A-6a, relating to reallocating and dedicating five percent of coal severance tax revenues up to $20 million to the coal-producing counties of origin to be phased in over a five-year period after accounting for the revenues dedicated to other funds; establishing state and local coal county reallocated severance tax funds and providing for distribution of the moneys to the county commissions by the State Treasurer; establishing amounts each coal- producing county to receive; requiring the creation of local funds into which moneys to be deposited; requiring moneys be expended solely for economic development projects and infrastructure projects; providing definitions; providing restrictions on the expenditure of moneys; providing duties of State Tax Commissioner; requiring report of expenditures to Joint Committee on Government and Finance; providing audits of distributed funds when authorized by the Joint Committee on Government and Finance; and authorizing legislative and emergency rules.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Richard Browning,
                               Chair.
     At the request of Senator Browning, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 1002) contained in the preceding report from the Committee on Economic Development was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
     Senator Edgell, from the Committee on Confirmations, submitted the following report, which was received:
     Your Committee on Confirmations has had under consideration
     Senate Executive Message No. 1, dated August 1, 2011, requesting confirmation by the Senate of the nominations mentioned therein. The following list of names from Executive Message No. 1 is submitted:
      1.  For Acting Director, Division of Protective Services, Randy Mayhew, Hurricane, Putnam County, to serve at the will and pleasure of the Governor.
      2.  For Member, Board of Directors of the West Virginia United Health System, Inc., Richard Pill, Martinsburg, Berkeley County, for the term ending October 15, 2012.
      3.  For Member, Broadband Deployment Council, Jeffrey Forbes, Vienna, Wood County, for the term ending December 31, 2011.
      4.  For Member, Health Care Authority, The Honorable Jim Pitrolo, Charleston, Kanawha County, for the term ending March 12, 2017.
      5.  For Member, Mine Inspectors' Examining Board, William Wooten III, Wilkinson, Logan County, for the term ending June 30, 2015.
      6.  For Member, Mine Inspectors' Examining Board, Charles Justice, Justice, Mingo County, for the term ending June 30, 2013.
      7.  For Member, Mine Inspectors' Examining Board, Carl Egnor, Given, Jackson County, for the term ending June 30, 2015.
      8.  For Member, Special Reclamation Fund Advisory Council, Christine Risch, Huntington, Cabell County, for the term ending June 30, 2012.
      9.  For Member, Board of Medicine, Dr. Cathy Funk, Martinsburg, Berkeley County, for the term ending September 30, 2014.
     10.  For Member, Tourism Commission, Walter Brown, Martinsburg, Berkeley County, for the term ending May 1, 2015.
     11.  For Member, Tourism Commission, John Klemish, White Sulphur Springs, Greenbrier County, for the term ending May 1, 2015.
     12.  For Member, Tourism Commission, Jeffrey Lusk, Lyburn, Logan County, for the term ending May 1, 2015.
     13.  For Member, Council for Educational Opportunity for Military Children, Major General James Hoyer, Charleston, Kanawha County, for the term ending June 30, 2015.
     14.  For Secretary, Department of Veterans' Assistance, Keith Gwinn, Hurricane, Putnam County, to serve at the will and pleasure of the Governor.
     15.  For Member, Parkways Authority, Victor Grigoraci, Charleston, Kanawha County, for the term ending May 31, 2016.
     16.  For Member, Medical Imaging and Radiation Therapy Technology Board of Examiners, Eva Hallis, Charleston, Kanawha County, for the term ending June 30, 2013.
     17.  For Member, Medical Imaging and Radiation Therapy Technology Board of Examiners, Nancy Oughton, Morgantown, Monongalia County, for the term ending June 30, 2013.
     18.  For Member, Medical Imaging and Radiation Therapy Technology Board of Examiners, Tuanya Layton, Charleston, Kanawha County, for the term ending June 30, 2013.
     19.  For Member, West Liberty University Board of Governors, George Couch, Wheeling, Ohio County, for the term ending June 30, 2013.
     20.  For Member, West Liberty University Board of Governors, Dr. Edward Marks, Wellsburg, Brooke County, for the term ending June 30, 2012.
     21.  For Member, Commission for the Deaf and Hard of Hearing, George Blakely, Springfield, Hampshire County, for the term ending June 30, 2013.
     22.  For Member, Commission for the Deaf and Hard of Hearing, Jamie Mallory, Dunbar, Kanawha County, for the term ending June 30, 2013.
     23.  For Member, Commission for the Deaf and Hard of Hearing, Pierre Sevigny, Romney, Hampshire County, for the term ending June 30, 2014.
     24.  For Member, Commission for the Deaf and Hard of Hearing, Paul See, Moorefield, Hardy County, for the term ending June 30, 2014.
     25.  For Member, Board of Dental Examiners, Dr. L. Edward Eckley, Beckley, Raleigh County, for the term ending June 30, 2016.
     26.  For Member, Board of Dental Examiners, Dr. George Conard, Huntington, Cabell County, for the term ending June 30, 2016.
     27.  For Member, Board of Dental Examiners, Beverly Stevens, South Charleston, Kanawha County, for the term ending June 30, 2016.
     28.  For Member, West Virginia University Board of Governors, Ellen Cappellanti, Charleston, Kanawha County, for the term ending June 30, 2015.
     29.  For Member, West Virginia University Board of Governors, William Nutting, Wheeling, Ohio County, for the term ending June 30, 2015.
     30.  For Member, West Virginia University Board of Governors, James Dailey, Martinsburg, Berkeley County, for the term ending June 30, 2015.
     31.  For Member, Marshall University Board of Governors, Phyllis Arnold, Charleston, Kanawha County, for the term ending June 30, 2015.
     32.  For Member, Marshall University Board of Governors, David Haden, Charleston, Kanawha County, for the term ending June 30, 2015.
     33.  For Member, Fairmont State University Board of Governors, Frank Washenitz, Fairmont, Marion County, for the term ending June 30, 2015.
     34.  For Member, Board of Landscape Architects, Michael Biafore, Fairmont, Marion County, for the term ending June 30, 2012.
     35.  For Member, Board of Funeral Service Examiners, Ira Handley, Danville, Boone County, for the term ending June 30, 2015.
     36.  For Member, West Liberty University Board of Governors, Ann Thomas, Wheeling, Ohio County, for the term ending June 30, 2015.
     37.  For Member, Motorcycle Safety Awareness Board, Mike Adkins, Delbarton, Mingo County, for the term ending June 30, 2013.
     38.  For Member, Motorcycle Safety Awareness Board, Ray Carey, Lesage, Cabell County, for the term ending June 30, 2014.
     39.  For Member, Motorcycle Safety Awareness Board, Linda Gumm, Elkview, Kanawha County, for the term ending June 30, 2012.
     40.  For Member, Industrial Council, Edward Kent Hartsog, Hurricane, Putnam County, for the term ending June 30, 2015.
     41.  For Member, Kanawha Valley Community and Technical College Board of Governors, Martha Rader, Charleston, Kanawha County, for the term ending June 30, 2015.
     42.  For Member, Blue Ridge Community and Technical College Board of Governors, Rebecca Linton, Martinsburg, Berkeley County, for the term ending June 30, 2013.
     43.  For Member, Shepherd University Board of Governors, W. Mark Rudolph, Winchester, Virginia, for the term ending June 30, 2015.
     44.  For Member, Shepherd University Board of Governors, Holly McCall, Shepherdstown, Jefferson County, for the term ending June 30, 2015.
     45.  For Member, Bluefield State College Board of Governors, Larry Ratliff, Cedar Bluff, Virginia, for the term ending June 30, 2015.
     46.  For Member, West Virginia State University Board of Governors, The Honorable Larry L. Rowe, Charleston, Kanawha County, for the term ending June 30, 2015.
     47.  For Member, West Virginia State University Board of Governors, William Lipscomb, Institute, Kanawha County, for the term ending June 30, 2015.
     48.  For Member, West Virginia State University Board of Governors, Dr. Ann Brothers Smith, Detroit, Michigan, for the term ending June 30, 2013.
     49.  For Member, Parole Board, Steve Svokas, Weirton, Hancock County, for the term ending June 30, 2017.
     50.  For Member, Parole Board, Crystal Lynn Love, Oak Hill, Fayette County, for the term ending June 30, 2017.
     51.  For Member, Fire Commission, Thomas Keefer, Winfield, Putnam County, for the term ending June 30, 2016.
     52.  For Member, Fire Commission, Gary Bonnett, Rock Cave, Upshur County, for the term ending June 30, 2016.
     53.  For Member, Driver's License Advisory Board, Dr. J. Keith Wade, Fairmont, Marion County, for the term ending June 30, 2013.
     54.  For Member, Driver's License Advisory Board, Dr. Charles Vance, Midkiff, Lincoln County, for the term ending June 30, 2013.
     55.  For Member, Driver's License Advisory Board, Dr. Joe LoCascio, Huntington, Cabell County, for the term ending June 30, 2013.
     56.  For Member, Driver's License Advisory Board, Dr. John Brick, Morgantown, Monongalia County, for the term ending June 30, 2013.
     57.  For Member, Consolidated Public Retirement Board, Joseph Bunn, Charleston, Kanawha County, for the term ending June 30, 2012.
     58.  For Acting Commissioner, Insurance Commission, Mike Riley, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
     59.  For Member, Workforce Investment Council, Jim O'Connor, Belle, Kanawha County, for the term ending June 30, 2012.
     60.  For Member, Motor Vehicle Dealers Advisory Board, Kelly Smith, Charleston, Kanawha County, for the term ending June 30, 2013.
     61.  For Member, Motor Vehicle Dealers Advisory Board, Polly Diller, Charleston, Kanawha County, for the term ending June 30, 2013.
     62.  For Member, Motor Vehicle Dealers Advisory Board, Larry Myers, Bridgeport, Harrison County, for the term ending June 30, 2014.
     63.  For Member, Motor Vehicle Dealers Advisory Board, James Williams, Martinsburg, Berkeley County, for the term ending June 30, 2014.
     64.  For Member, Motor Vehicle Dealers Advisory Board, Michael Ratz, Logan, Logan County, for the term ending June 30, 2014.
     65.  For Member, Motor Vehicle Dealers Advisory Board, Margaret Wills, Fairmont, Marion County, for the term ending June 30, 2013.
     66.  For Member, Motor Vehicle Dealers Advisory Board, Michael Keener, Hurricane, Putnam County, for the term ending June 30, 2013.
     67.  For Member, Public Employees Insurance Agency Finance Board, Elaine Harris, St. Albans, Kanawha County, for the term ending June 30, 2015.
     68.  For Acting Executive Director, Human Rights Commission, Phyllis Carter, Institute, Kanawha County, to serve at the will and pleasure of the Governor.
     69.  For Member, Higher Education Policy Commission, Jenny Allen, Shepherdstown, Jefferson County, for the term ending June 30, 2015.
     70.  For Member, Higher Education Policy Commission, Kathy Eddy, Parkersburg, Wood County, for the term ending June 30, 2015.

     And,
     A letter from the Acting President of the Senate and the Speaker of the House of Delegates, dated June 29, 2011, requesting confirmation by the Senate of the nominations mentioned therein. The following names are submitted:
     1.   For Judge, Court of Claims, George Fordham, Clarksburg, Harrison County, for the term ending July 1, 2013.
     2.   For Judge, Court of Claims, T. C. McCarthy, Wheeling, Ohio County, for the term ending July 1, 2017.
     And reports the same back with the recommendation that the Senate do advise and consent to all of the nominations listed above.
     Respectfully submitted,
      Larry J. Edgell,
      Chair.

     The time having arrived for the special order of business to consider the list of nominees for public office submitted by His Excellency, the Governor, and a legislative nomination submitted by the Acting President of the Senate and the Speaker of the House of Delegates, as required by Chapter 14, Article 2, Section 4 of the Code of West Virginia, the special order thereon was called by the Acting President.
     Thereupon, Senator Kessler (Acting President) laid before the Senate the following executive message and letter from the Acting President of the Senate and the Speaker of the House of Delegates:
     Senate Executive Message No. 1, dated August 1, 2011 (shown in the Senate Journal of yesterday, Monday, August 1, 2011, pages 9 through 18, inclusive);
     And,
     A letter from the Acting President of the Senate and the Speaker of the House of Delegates, dated June 29, 2011 (shown in the Senate Journal of yesterday, Monday, August 1, 2011, pages 7 through 9, inclusive).
     Senator Edgell then moved that the Senate advise and consent to all of the executive and legislative nominations referred to in the foregoing report from the Committee on Confirmations.
     The question being on the adoption of Senator Edgell's aforestated motion,
     The roll was then taken; and
     On this question, the yeas were:
Barnes, Beach, Boley, Browning, Chafin, Edgell, Facemire D., Facemyer K., Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Williams, Wills, Yost and Kessler--32.
     The nays were: None.
     Absent: Wells and Tomblin (Mr. President)--2.

     So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared Senator Edgell's motion had prevailed and that all the executive and legislative nominations referred to in the foregoing report from the Committee on Confirmations had been confirmed.
__________

     Consideration of executive and legislative nominations having been concluded,
     The Senate proceeded to the ninth order of business.
     Senate Bill No. 1006, Reapportioning senatorial districts.
     On second reading, coming up in regular order, was read a second time.
     At the request of Senator Unger, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.
     The Senate proceeded to the eleventh order of business and the introduction of guests.
     On motion of Senator Unger, the Senate adjourned until tomorrow, Wednesday, August 3, 2011, at 11 a.m.
____________

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