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sdj-02nd day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2011

SECOND DAY

____________

Charleston, W. Va., Thursday, January 13, 2011

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

Prayer was offered by the Reverend James McCune, Grace United Methodist Church, Keyser, West Virginia.
Pending the reading of the Journal of Wednesday, January 12, 2011,
On motion of Senator Tucker, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate next proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2001--A Bill to amend and reenact §62-12- 13 of the Code of West Virginia, 1931, as amended, relating to powers and duties of the board of parole; providing that inmates serving life sentences shall be considered for parole only once every three years.
Referred to the Committee on the Judiciary.
At the request of Senator Unger, unanimous consent being granted, the Senate returned to the second order of business and the introduction of guests.
The Senate then 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 Kessler (Acting President), Browning, Wills, Barnes, Unger, Jenkins, Palumbo, Laird, Klempa, Miller and Plymale:
Senate Bill No. 71--A Bill to amend and reenact §61-8D-4 of the Code of West Virginia, 1931, as amended, relating to making it a misdemeanor for child neglect which creates a substantial risk of bodily injury.
Referred to the Committee on the Judiciary.
By Senators Kessler (Acting President), Snyder, Browning, Wills, Unger, Palumbo, Foster, McCabe, Beach, Klempa, Plymale, Edgell, D. Facemire, Wells, Williams, Miller, Laird, Stollings, Yost, Prezioso, Minard and Green:
Senate Bill No. 72--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §4-1- 24, relating to providing that references in the constitution, the code, joint rule, or rule of the body to the President of the Senate and Speaker of the House of Delegates, or presiding officer, include any member authorized by the respective body, by rule or otherwise, to act in the place of the President of the Senate or the Speaker of the House of Delegates.
Referred to the Committee on the Judiciary.
By Senators Foster, Klempa and Plymale
:
Senate Bill No. 73--A Bill to amend and reenact §5-16-7a of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §9-5-21; to amend and reenact §33-15-4f of said code; to amend and reenact §33-16-3o of said code; to amend and reenact §33-24-7f of said code; to amend and reenact §33-25-8e of said code; and to amend and reenact §33-25A-8e of said code, all relating to requiring insurers to provide coverage for colorectol screening for individuals fifty years of age and older.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senators Foster, Browning, Hall, Klempa and Plymale:
Senate Bill No. 74--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18- 7A-26v, relating to providing a one-time supplement to retired teachers seventy years of age or older equal to three percent of their retirement benefits; setting forth conditions; and providing for exceptions.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Foster, Browning, Hall and Plymale:
Senate Bill No. 75--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting all income received by retired teachers from the Teachers Retirement System from personal income tax.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Foster, Browning, Hall and Plymale:
Senate Bill No. 76--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18- 7A-26v, relating to providing a cost-of-living provision for certain persons retired under the Teachers Retirement System.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Foster and Hall:
Senate Bill No. 77--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-2- 9a, relating to creating a medication therapy management services program for Medicaid recipients; authorizing licensed pharmacists to consult with Medicaid patients to ensure they are taking the appropriate drugs and the drugs are not interfering with each other; setting forth the specific services to be provided by a pharmacist; setting forth eligibility requirements for participating pharmacists; and providing for a pilot program for certain Medicaid patients.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Foster, Stollings, Hall and Klempa:
Senate Bill No. 78--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16- 43-1 and §16-43-2, all relating to tanning facilities; definitions; and consent required for minor using tanning device or facility.
Referred to the Committee on the Judiciary.
By Senators Foster, Hall and Klempa:
Senate Bill No. 79--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §47- 5A-1, §47-5A-2, §47-5A-3, §47-5A-4, §47-5A-5, §47-5A-6, §47-5A-7 and §47-5A-8, all relating to safety features of residential hot water heaters.
Referred to the Committee on the Judiciary.
By Senators Foster, Stollings, Hall, Palumbo, Beach and Klempa:
Senate Bill No. 80--A Bill to amend and reenact §52-1-8 of the Code of West Virginia, 1931, as amended, relating to excluding women that are breast feeding from jury duty.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Foster:
Senate Bill No. 81--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16- 43-1, §16-43-2, §16-43-3, §16-43-4, §16-43-5, §16-43-6, §16-43-7, §16-43-8 and §16-43-9, all relating to creating the West Virginia Pool Safety Act; stating its purpose to enhance the safety of residential swimming pools and prevent child drownings; defining terms; establishing required safety features and building requirements for residential swimming pools; setting forth requirements for the Bureau for Public Health; and providing exemptions.
Referred to the Committee on the Judiciary.
By Senators Foster, Stollings, Beach, Klempa and Plymale:
Senate Bill No. 82--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16- 1-19, relating to a child's right to nurse; and making a statement by the Legislature that nursing in a public place is socially acceptable.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Sypolt, Browning, Barnes, Jenkins, Hall, Williams and Plymale:
Senate Bill No. 83--A Bill to amend and reenact §19-25-2 of the Code of West Virginia, 1931, as amended, relating to limiting a landowner from civil liability for injuries that may occur to a person or property on the landowner's property or surrounding property caused while hunting.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
By Senators Sypolt, Barnes and Hall:
Senate Bill No. 84--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §47- 26-1, §47-26-2, §47-26-3, §47-26-4, §47-26-5 and §47-26-6, all relating to creating the West Virginia Firearms Freedom Act; exempting firearms, a firearm accessory or ammunition manufactured and retained in West Virginia from federal regulation under the Commerce Clause of the Constitution of the United States; providing short title; legislative declarations of authority; providing definitions; prohibitions; exceptions; and marketing of firearms.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
By Senators Sypolt and Hall:
Senate Bill No. 85--A Bill to amend and reenact §11-21-21 of the Code of West Virginia, 1931, as amended, relating to changing the qualifier for low income to three hundred percent or less of the federal poverty guideline from one hundred fifty percent or less of the federal poverty guideline for a senior citizens' homestead tax credit.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Sypolt and Hall:
Senate Bill No. 86--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8A- 2-4a, relating to requiring an equal number of members from each magisterial district on county planning commissions.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Sypolt and Barnes:
Senate Bill No. 87--A Bill to amend and reenact §18B-2A-4 of the Code of West Virginia, 1931, as amended, relating to prohibiting abortions at state college or university medical facilities except when the abortion is necessary to save the life of the woman receiving the abortion.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Laird, Barnes, Yost, Wills, Hall, Klempa, Miller and Plymale:
Senate Bill No. 88--A Bill to amend and reenact §61-8B-10 of the Code of West Virginia, 1931, as amended, relating to imposition of sexual intercourse or sexual intrusion on incarcerated persons; sexual abuse by employees of the Division of Corrections, Division of Juvenile Services and the Regional Jail and Correctional Facility Authority on incarcerated persons; and penalties.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Laird, Barnes, Yost, Hall, Foster, Klempa and Plymale:
Senate Bill No. 89--A Bill to amend and reenact §29B-1-4 of the Code of West Virginia, 1931, as amended, relating to including certain records of the Division of Juveniles Services in the exemptions from disclosure under the Freedom of Information Act.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Sypolt, Boley, Hall, K. Facemyer and Nohe:
Senate Joint Resolution No. 5
--Proposing an amendment to the Constitution of the State of West Virginia, amending article III thereof by adding thereto a new section, designated section twenty- three, relating to the marriage protection amendment; prohibiting the state from recognizing same-sex marriages; prohibiting the state from recognizing a legal status for relationships that are similar to marriage; 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 Sypolt:
Senate Joint Resolution No. 6
--
Proposing an amendment to the Constitution of the State of West Virginia, amending section fourteen, article VII thereof, relating to creating a veto session of the Legislature to consider bills vetoed by the Governor; 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.
Senators Sypolt, Williams, Barnes, Foster, D. Facemire and Helmick offered the following resolution:
Senate Resolution No. 5--Recognizing the considerable contributions of Henry Gassaway Davis to the state of West Virginia and the United States.
Whereas, Henry Gassaway Davis had an incomparable career in West Virginia as businessman, entrepreneur, community builder, politician, public servant, statesman, philanthropist, and father and husband; and
Whereas, Henry Gassaway Davis began his business and political career in Piedmont, West Virginia; and
Whereas, While residing in Piedmont, Henry Davis was first elected to the West Virginia Legislature in 1866; and
Whereas, Henry Gassaway Davis' first actions as a delegate were to introduce the legislation that created Mineral County from Hampshire County, that incorporated the City of Piedmont, and separated Grant County from Hardy County; and
Whereas, Henry Gassaway Davis was selected as United States Senator from West Virginia in 1870, and became the first West Virginian to serve as chairman of the appropriations committee; and
Whereas, Henry Gassaway Davis also was his party's nominee for Vice President of the United States in 1904, at the age of 81; and
Whereas, Henry Gassaway Davis served as an Elector to the Democratic National Convention 12 times from 1866 to 1912; and
Whereas, Henry Gassaway Davis was appointed to the United States Trade Commission and served as a Delegate at the Conference of American Republics and the Pan American Railroad Commission and served his state on the West Virginia Tax Commission, the semi- centennial commission and other entities; and
Whereas, Henry Gassaway Davis was instrumental in the establishment of many communities throughout the state including Davis, Thomas, Elkins, and towns along his railways; and
Whereas, Henry Gassaway Davis' railroad companies built the West Virginia Central Railway and the Chesapeake and Potomac Railway that served West Virginia from Charleston to Cumberland, Maryland and opened the state to other development; and
Whereas, Henry Gassaway Davis had extensive business interests in coal, timber, railroads, banking, retailing, farming and real estate in the state of West Virginia; and
Whereas, Henry Gassaway Davis donated, with his brother Thomas, land for the Piedmont School, the Mineral County Courthouse, Keyser High School, Davis and Elkins College, West Virginia Children's Home and many other churches, educational buildings and public building throughout West Virginia; and
Whereas, Henry Gassaway Davis was the principle benefactor of Davis and Elkins College and the West Virginia Children's Home, was one of the founding fathers for the Weston State Hospital and the Romney School for the Deaf and the Blind and provided funds for the construction of YMCA's in Charleston and Elkins; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes Henry Gassaway Davis for his dedicated public service to the state of West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives.
At the request of Senator Sypolt, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Unger, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
At the request of Senator Unger, unanimous consent being granted, Senator Unger offered the following resolution from the floor:
Senate Resolution No. 6--Amending Senate Rule Nos. 3 and 27.
Resolved by the Senate:
That Senate Rule No. 3 be amended to read as follows:
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 including any duties imposed by the West Virginia Constitution, any statute, the Senate Rules and the Joint Rules of the Senate and House of Delegates and he or she shall receive the compensation and expenses of the President of the Senate as provided in article two-a, chapter four of the Code of West Virginia. 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.;
That Senate Rule No. 27 be amended to read as follows:
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) (11); (the President of the Senate is to be ex officio chairperson).

17.On Transportation and Infrastructure (9).
Which, under the rules, was referred to the Committee on Rules.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Unger, the Senate adjourned until tomorrow, Friday, January 14, 2011, at 11 a.m.
____________


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