sdj-06th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2011
SIXTH DAY
____________
Charleston, W. Va., Monday, January 17, 2011
The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)
Prayer was offered by the Reverend Jeff C. Woods, Associate
Minister, Mt. Tabor Baptist Church, Lewisburg, West Virginia, and
Chaplain for the West Virginia State University football team.
The
Appalachian Children's Chorus, Charleston, West Virginia,
then proceeded in the singing of "My Home Among the Hills" and
"Take Me Home, Country Roads" accompanied by Olga Young on the
piano.
Pending the reading of the Journal of Friday, January 14,
2011,
On motion of Senator Beach, 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 Clerk presented a communication from the Children's Health
Insurance Program, submitting its annual report as required by chapter five, article sixteen-b, section three of the code of West
Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Debt Capacity
Advisory Division, submitting its annual report, in accordance with
chapter twelve, article six-b, section four of the code of West
Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Board of Dental
Examiners, submitting its annual report as required by chapter
thirty, article twenty-four, section seven of the code of West
Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Economic
Development Authority, submitting its annual report, in accordance
with chapter thirty-one, article fifteen, section twenty-nine of
the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Department of
Environmental Protection, submitting its biennial integrated water
quality monitoring and assessment report as required by chapter
twenty-two, article eleven, section twenty-eight of the code of
West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Department of
Environmental Protection, submitting its annual Oil and Gas
Operating Permit and Processing Fund report, in accordance with
chapter twenty-two, article six, section twenty-nine of the code of
West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Department of
Environmental Protection, submitting its annual Oil and Gas
Reclamation Fund report as required by chapter twenty-two, article
six, section twenty-nine of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the Division of
Forestry, submitting its annual Outdoor Heritage Conservation Fund
report, in accordance with chapter five-b, article two-g, section
six of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Department of
Health and Human Resources, submitting its annual recommendation
regarding appropriations from the James "Tiger" Morton Catastrophic
Illness Fund as required by chapter sixteen, article five-q,
section two of the code of West Virginia.
Which communication was received and filed with the Clerk.
The Clerk presented a communication from the Department of Health and Human Resources, submitting its Sudden Infant Death
Syndrome Program annual report, in accordance with chapter sixteen,
article one, section six of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Division of
Highways, submitting its annual financial report as required by
chapter seventeen, article three, section one-a of the code of West
Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the Commission on
Holocaust Education, submitting its annual report, in accordance
with chapter five, article twenty-eight, section three of the code
of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Board of
Medicine, submitting its annual report as required by chapter
thirty, article three, section seven of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the Commissioner of
Motor Vehicles, submitting its annual report on the Motor Vehicle
Alcohol Test and Lock Program, in accordance with chapter
seventeen-c, article five-a, section three-a of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the Motorcycle Safety
Awareness Board, submitting its annual report as required by
chapter seventeen-b, article one-d, section eight of the code of
West Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the Division of
Natural Resources, submitting its annual report, in accordance with
chapter twenty, article one, section seven of the code of West
Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Board of
Examiners of Psychologists, submitting its biennial report for
fiscal years 2009 and 2010 as required by chapter thirty, article
one, section twelve of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the State Rail
Authority, submitting its annual financial report, in accordance
with chapter twenty-nine, article eighteen, section seventeen of
the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Legislative
Oversight Committee on the Regional Jail and Correctional Facility
Authority, submitting its annual report as required by chapter
thirty-one, article twenty, section twenty-six of the code of West
Virginia.
Which communication was received and filed with the Clerk.
The Clerk presented a communication from the Board of
Examiners for Registered Professional Nurses, submitting its annual
report, in accordance with chapter thirty, article twenty-four,
section seven of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the Board of
Examiners for Speech-Language Pathology and Audiology, submitting
its biennial report for fiscal years 2009 and 2010 as required by
chapter thirty, article one, section twelve of the code of West
Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the State Police,
submitting its annual report on its effectiveness in recruiting
minorities and females, in accordance with chapter fifteen, article
two, section seven of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Kessler (Acting President) presented a communication
from the Board of Acupuncture, submitting its biennial report for
fiscal years 2009 and 2010 as required by chapter thirty, article
one, section twelve 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 Higher Education Policy Commission, submitting its annual
veterans initiatives report, in accordance with chapter eighteen-b,
article four, section nine 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 Office of the Insurance Commissioner, submitting its
schedule of maximum fees paid to providers of medical services
rendered to workers with compensable injuries as required by
chapter twenty-three, article four, 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 Board of Examiners for Licensed Practical Nurses,
submitting its annual report, in accordance with chapter thirty, article twenty-four, section seven 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 Massage Therapy Licensure Board, submitting its biennial
report for fiscal years 2009 and 2010 as required by chapter
thirty, article one, section twelve 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 Division of Personnel, submitting its annual report, in
accordance with chapter twenty-nine, article six, section seven 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 Board of Registration for Professional Engineers,
submitting its annual report as required by chapter thirty, article
thirteen, section ten of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Kessler (Acting President) presented a communication
from the Bureau of Senior Services, submitting its annual report,
in accordance with chapter sixteen, article five-p, section
fourteen of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles and referred to the appropriate
committees:
By Senators Laird, Miller, Plymale, Browning, Unger and D.
Facemire:
Senate Bill No. 96--
A Bill to repeal §7-7-4a and §7-7-19 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §7-7-2, §7-7-3, §7-7-4, §7-7-6b, §7-7-6d, §7-7-7, §7-7-7a,
§7-7-9, §7-7-11, §7-7-12, §7-7-13, §7-7-14, §7-7-15, §7-7-16, §7-7-
16a and §7-7-20 of said code, all relating generally to eliminating
outmoded language concerning compensation of county elected
officials by certain county classes; requiring all prosecuting
attorneys on January 1, 2013, to be full time while providing an
exception for those currently part time; repealing the requirement
that the compensation of certain county employees be in compliance
with the Economic Stabilization Act of 1970; transferring some
training program responsibilities and valuation classification of
property responsibilities from the state Tax Commissioner to the
State Auditor; authorizing the state Tax Commissioner and State
Auditor to establish training programs for certain employees;
removing the limitations on food, lodging, registration fees and mileage on authorized training; eliminating the outdated property
valuations used to determine the compensation of elected county
officials; permitting a county sheriff to turn over an impounded
dog to the local humane society instead of killing it; eliminating
references to a county position that no longer exists; and removing
the limitation of the costs for the housing and feeding of
prisoners in counties having a population of thirty thousand or
less.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Unger, Foster, Hall, Plymale and D. Facemire:
Senate Bill No. 97--
A Bill to amend and reenact §16-5C-12 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §16-5C-12a, all
relating to nursing home administrative appeals; complaint hearing
procedures; establishing an independent disputes resolution process
for nursing homes; clarifying the informal and formal review
process; and clarifying the judicial review process.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Kessler (Acting President), Beach, Klempa, Yost
and D. Facemire:
Senate Bill No. 98--
A Bill to amend and reenact §47-21-2 and
§47-21-20 of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §47-21-19a, all relating to
charitable raffles; allowing certain fraternal societies and
veterans' organizations to use electronic or mechanical raffle
devices to conduct raffles; and providing civil and criminal
penalties.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Kessler (Acting President), Unger, Klempa, Yost
and D. Facemire:
Senate Bill No. 99--
A Bill to amend and reenact §23-4-1f of
the Code of West Virginia, 1931, as amended, relating to allowing
workers' compensation for certain mental illnesses related to being
a crime victim.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Wells, Williams, Yost, Sypolt, Foster, Plymale,
Browning, Jenkins, Unger, Laird, Stollings, Klempa and D. Facemire:
Senate Bill No. 100--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §9A-1-11b, relating to establishing a program to promote
veteran friendly communities; providing that the Division of
Veterans' Affairs, in consultation with the Veterans' Council,
establish a program to assist and encourage the development,
availability and utilization of veteran friendly services, benefits and assistance available to veterans in communities in this state;
and annual report to the Legislature.
Referred to the Committee on Military; and then to the
Committee on Finance.
By Senators Palumbo, Foster, Jenkins, Wells, Laird, Klempa,
Yost and D. Facemire:
Senate Bill No. 101--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §5-30-1, §5-30-2, §5-30-3, §5-30-4, §5-30-5 and §5-30-6,
all relating to the creation of an equal pay coordinator within the
Governor's Office to ensure pay equity among state employees;
making legislative findings; providing qualifications for the
position; providing powers and duties of coordinator; providing for
the development of a strategic plan to ensure pay equity in state
government; authorizing other agencies to share necessary
information with the coordinator; and providing rule-making
authority.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 2, Requesting DOH name County
Routes 1 and 3 "Glen Rogers Coal Miner Memorial Highway".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 3, Requesting DOH name bridge
in Pendleton County "Korean War Veterans Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
The Senate proceeded to twelfth order of business.
Remarks were made by Senators Palumbo, Prezioso and Jenkins.
Pending announcement of meetings of standing committees of the
Senate, including a minority party caucus,
On motion of Senator Unger, the Senate adjourned until
tomorrow, January 18, 2011, at 11 a.m.
________
Webmaster | © 2024 West Virginia Legislature **
