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sdj-06th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2010

SIXTH DAY

____________

Charleston, W. Va., Monday, January 18, 2010

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

Prayer was offered by the Honorable John R. Unger II, a senator from the sixteenth district. Appalachian Children's Chorus, Charleston, West Virginia, then proceeded in the singing of "Lord of the Dance" and "Country Roads" accompanied by Olga Young on the piano.
Pending the reading of the Journal of Friday, January 15, 2010,
On motion of Senator Minard, 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 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 report was received and filed with the Clerk.
The Clerk presented a communication from the Commission on Special Investigations, submitting its annual report as required by chapter four, article five, section two of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Division of Juvenile Services, submitting its annual report, in accordance with chapter forty-nine, article five, section thirteen-e 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 Motor Vehicles, submitting its annual Motor Vehicle Alcohol Test and Lock Program report as required by chapter seventeen-c, article five-a, section three-a of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the West Virginia Lottery, submitting its annual report, in accordance with chapter twenty-nine, article twenty-two, section twenty of the code of West Virginia.
Which report was 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 Bowman, Kessler, Yost, Browning, Edgell, Snyder, D. Facemire and Wells:
Senate Bill No. 230--A Bill to repeal §30-8-2a, §30-8-2b, §30- 8-3a, §30-8-3b and §30-8-5a of the Code of West Virginia, 1931, as amended; to amend and reenact §30-8-1, §30-8-2, §30-8-3, §30-8-4, §30-8-5, §30-8-6, §30-8-7, §30-8-8, §30-8-9, §30-8-10 and §30-8-11 of said code; and to amend said code by adding thereto ten new sections, designated §30-8-12, §30-8-13, §30-8-14, §30-8-15, §30-8- 16, §30-8-17, §30-8-18, §30-8-19, §30-8-20 and §30-8-21, all relating to the Board of Optometry; prohibiting the practice of optometry without a license; providing other applicable sections; providing definitions; providing for board composition; setting forth the powers and duties of the board; clarifying rule-making authority; continuing a special revenue account; establishing license requirements; providing for licensure for persons licensed in another state; establishing renewal requirements; providing permit requirements; requiring display of license; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; providing criminal penalties; and providing that a single act is evidence of practice.
Referred to the Committee on Government Organization.
By Senators Laird and Snyder:
Senate Bill No. 231--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12j, relating to creating a personal income tax credit for persons who may choose to spay or neuter their pets.
Referred to the Committee on Finance.
Senators Laird, White, Chafin, Williams, Plymale and Oliverio offered the following resolution:
Senate Concurrent Resolution No. 2--Requesting the Division of Highways name that portion of Rt. 16 from the stop light on Rt. 19 at Fayetteville to Cotton Hill bridge as the "Robert K. "Bob" Holliday Highway".
Whereas, Robert K. "Bob" Holliday served in the House of Delegates from 1963 through 1968 and the State Senate from 1969 to 1972 and from 1981 through 1992 and was a respected member of Senate and House Committees; and
Whereas, During his tenure in the State Legislature he served as Chairman for the Committee on Labor, Chairman for the Committee on Education, Chairman for the Committee on Interstate Cooperation and Chairman for the Committee on Health and Human Resources; and
Whereas, Mr. Holliday graduated from Montgomery High School in 1950 where he was honored as the Outstanding Senior Student, graduated from West Virginia University, having received a B.A. from the West Virginia Institute of Technology Journalism and having received a M.A. from Marshall University in Political Science; and
Whereas, Mr. Holliday received the Pearl S. Buck Award in 1982, the Distinguished Service Award from the West Virginia School of Osteopathic Medicine in 1983, the West Virginia Rehabilitation Structural Barriers Award, an Honorary Doctorate in the Adult Basic Education Program and was selected to the Who's Who in American Universities and Colleges; and
Whereas, Mr. Holliday having served as Chairman for the Heart Fund, Region IV Mental Health Planning Committee, President for the Fayette Mental Health Society, Director for the West Virginia Mental Health Association, Board Member of the Plateau Group Homes, and Director of the New River Gorge County Development Corporation; and
Whereas, Mr. Holliday having been a member of many community organizations, including the Midland Trail Improvement Association, Pi Sigma Alpha, the Fayette Needy Association, the Coal Valley Lodge: AF:AM, the 32 Scottish Rite, Shiner, the Fayette Volunteers and the Fayette County Young Democratic Club; and
Whereas, Mr. Holliday having owned and been the editor of a respected newspaper, a noted author, political scientist and television producer; and
Whereas, Mr. Holliday is a loving and devoted husband to Deborah Bragg Holliday and father of seven children, Kelvin Edward, Kathleen Edna, Stephen Kerr, Robert Lawson, Jeffrey Edward, Tracey Ann and Brandon Michael; and
Whereas, It is fitting to honor Robert K. "Bob" Holliday for his service to his community and his state by naming the section of Rt. 16 from the stop light on Rt. 19 at Fayetteville to Cotton Hill bridge as the "Robert K. "Bob" Holliday Highway"; therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways to name the section of Rt. 16 from the stop light on Rt. 19 at Fayetteville to Cotton Hill bridge as the "Robert K. "Bob" Holliday Highway"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the roadway as the "Robert K. "Bob" Holliday Highway"; and, be it
Further Resolved, That the Senate forward a certified copy of this resolution to the Secretary of the Department of Transportation, to Robert K. "Bob" Holliday and to his family.
Which, under the rules, lies over one day.
Senators Laird, White and Kessler offered the following resolution:
Senate Concurrent Resolution No. 3--Requesting the Division of Highways name bridge number 10-16-23.35 on Route 16 located 0.39 miles south of the junction with U.S. Route 60 in Fayette County, West Virginia the "Eugene Mitchell Skaggs Memorial Bridge."
Whereas, Eugene Mitchell Skaggs was born and raised in Ansted, West Virginia; and
Whereas, Sadly, Signalman First Class Eugene Mitchell Skaggs was killed serving his state and country during World War II on December 7, 1941; and
Whereas, Naming bridge number 10-16-23.35, would forever honor the memory of Signalman First Class Eugene Mitchell Skaggs who made the ultimate sacrifice for his country and state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 10-16-23.35 on U.S. Route 16 located 0.39 miles south of the junction with U.S. Route 60 in Fayette County, West Virginia on U.S. Route 16 the "Eugene Mitchell Skaggs Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Eugene Mitchell Skaggs Memorial Bridge."
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of Transportation, the Commissioner of Highways, and the family of the late Eugene Mitchell Skaggs.
Which, under the rules, lies over one day.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 1, Requesting Division of Highways name bridge in Doddridge County "SPC Jason N. Marchand Memorial 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 the eleventh order of business and the introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senator Deem.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, January 19, 2010, at 11 a.m.
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