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Senate Journal



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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.
________

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