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sdj-09th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2012

NINTH DAY

____________

Charleston, W. Va., Thursday, January 19, 2012

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

     Prayer was offered by Elliott Gregory, Youth Pastor, Oakwood Baptist Church, Charleston, West Virginia.
     Pending the reading of the Journal of Wednesday, January 18, 2012,
     On motion of Senator Barnes, 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 Architects, submitting its annual report for fiscal years 2009 and 2011 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 Senate proceeded to the third order of business.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 2402--A Bill to amend and reenact §29B-1-2 of the Code of West Virginia, 1931, as amended, relating to redefining the term "public record" as it is used in the Freedom of Information Act.
     Referred to the Committee on the Judiciary.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 2521--A Bill to amend and reenact §48-27-311 and §48-27-701 of the Code of West Virginia, 1931, as amended, relating to prevention and treatment of domestic violence generally; eliminating the requirement of serving domestic violence orders by certified mail where personal service fails; authorizing fee to law enforcement for service of process; and clarifying that personal service must be attempted at every address for respondent provided by petitioner.
     Referred to the Committee on the Judiciary.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 3128--A Bill to amend and reenact §61-11-25 of the Code of West Virginia, 1931, as amended, relating to filing a civil petition for expungement of records relating to an arrest or charges relating to the arrest when found not guilty of the offense or charges have been dismissed; and providing that no filing fees or costs be charged for processing the action.
     Referred to the Committee on the Judiciary.
     The Senate proceeded to the fourth order of business.
     Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Bill No. 40, Creating tax credit for composting garbage, landscape waste and food.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 40 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13CC-1, §11-13CC-2, §11-13CC-3 and §11-13CC-4, all relating to creating a tax credit for businesses that properly compost trash and unused food rather than use the normal means of dumping trash and unused food into a noncomposting dumpster; providing for legislative findings and purpose; providing for eligibility of the credit; providing for the amount of the credit; and authorizing the Tax Commissioner to promulgate legislative rules to administer the tax credit.
     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,
                               Corey Palumbo,
                               Chair.
     The bill (Com. Sub. for S. B. No. 40), under the original double committee reference, was then referred to the Committee on Finance.
     Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Bill No. 100, Relating to fees collected by circuit clerks.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 100 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §59-1-11 of the Code of West Virginia, 1931, as amended, relating to collecting fees by circuit clerks; and removing the requirement that the circuit clerk charge three times the amount of actual postage when sending certain documents by mail or express.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Corey Palumbo,
                               Chair.
     Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 156, Allowing Corrections Commissioner use excess funds to offset operational costs.
     And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Herb Snyder,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on Finance.
     Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 168, Increasing compensation of certain county officials.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 168 (originating in the Committee on Government Organization)--A Bill to amend and reenact §7-7-1 and §7-7-4 of the Code of West Virginia, 1931, as amended, all relating to compensation of elected county officials and county commissioners for each class of county; legislative findings; and authorizing increasing this compensation after July 1, 2012.
     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,
                               Herb Snyder,
                               Chair.
     The bill (Com. Sub. for S. B. No. 168), under the original double committee reference, was then referred to the Committee on Finance.
     Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 172, Creating equal pay coordinator within Division of Personnel.
     And reports the same back with the recommendation that it do pass; but with the further recommendation that it first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Herb Snyder,
                               Chair.
     On motion of Senator Snyder, the bill (S. B. No. 172) contained in the foregoing report from the Committee on Government Organization was referred to the Committee on Finance.
     Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Bill No. 183, Increasing penalties for assault and battery on athletic official.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Corey Palumbo,
                               Chair.
     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 Foster, Laird, McCabe, Jenkins, Kessler (Mr. President), Stollings, Edgell, Klempa, Yost and Plymale:
     Senate Bill No. 346--A Bill to repeal §60A-10-5 and §60A-10-8 of the Code of West Virginia, 1931, as amended; to amend and reenact §60A-2-210 and §60A-2-212 of said code; to amend and reenact §60A-10-2, §60A-10-3, §60A-10-4, §60A-10-6, §60A-10-7 and §60A-10-11 of said code; and to amend said code by adding thereto a new section, designated §60A-10-16, all relating to enacting The Larry Border Act; requiring a prescription to dispense drug products that contain ephedrine, pseudoephedrine, phenylpropanolamine or other precursors of methamphetamine as an active ingredient; recategorizing these drugs from Schedule V to Schedule IV; eliminating the pediatric exemption; deleting certain provisions and definitions that are no longer applicable; making additional findings; exempting wholesalers from certain requirements of the United States Drug Enforcement Administration relating to storage, reporting, record-keeping or physical security control requirements for controlled substances containing ephedrine, pseudoephedrine or phenylpropanolamine; providing penalties; adding affirmative defenses; permitting the Board of Pharmacy to exempt certain products from prescription requirements; and requiring the Superintendent of the State Police to submit a report by December 1, 2012.
     Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
     By Senators Snyder, Edgell, D. Facemire, Miller, Laird, Hall, Foster, Plymale and Wills:
     Senate Bill No. 347--A Bill to amend and reenact §11-22-2 of the Code of West Virginia,1931, as amended, relating to redistributing an existing excise tax paid upon the transfer of real property so that the tax is paid to the county where the property is situate instead of to the state; requiring counties to dedicate this excise tax to support regional jails; providing this be accomplished incrementally over a five-year period; and stylistic changes.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senator Hall:
     Senate Bill No. 348--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29A-3-19, relating to implementing a quality control procedure for agency rules.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senator D. Facemire:
     Senate Bill No. 349--A Bill to amend and reenact §48-6-301 of the Code of West Virginia, 1931, as amended, relating to prohibiting the use or consideration of an income-producing asset for spousal support if the asset was the subject of equitable distribution.
     Referred to the Committee on the Judiciary.
     By Senators D. Facemire and Sypolt:
     Senate Bill No. 350--A Bill to amend and reenact §41-1-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §42-1-1 of said code, all relating to automatic revocation of a will upon legal separation; and excluding from the definition of "surviving spouse", for purposes of descent and distribution, a person who is a party to a decree of legal separation.
     Referred to the Committee on the Judiciary.
     By Senators Snyder, Browning, Prezioso and Klempa:
     Senate Bill No. 351--A Bill to amend and reenact §3-1-5 and §3-1-29 of the Code of West Virginia, 1931, as amended, all relating to limiting the size of voting precincts to three thousand registered voters in urban areas and one thousand five hundred in rural areas; permitting an increase in the size of standard receiving boards; providing an option to have more poll workers and commissioners; and permitting as few as four poll workers in a precinct during a municipal election where there is no simultaneous state or county election.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Edgell, Tucker, Chafin, Fanning, Jenkins, Minard, Williams, Wills, Barnes, Boley, Nohe, Foster, Prezioso, Snyder, Kessler (Mr. President), Unger, Stollings, Yost and Sypolt:
     Senate Bill No. 352--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-31, relating to establishing criminal penalties for failure to report a missing child by the child's custodian.
     Referred to the Committee on the Judiciary.
     Senators Stollings, Laird, Edgell, Foster, Prezioso, Browning, Jenkins, Kessler (Mr. President), Unger, Klempa, Yost, Williams and Plymale offered the following resolution:
     Senate Resolution No. 6--Designating January 19, 2012, as "West Virginia Physical Activity Day".
     Whereas, Striving for a more healthy citizenry of the State of West Virginia is of the utmost importance; and
     Whereas, West Virginia Physical Activity Plan wants a healthier West Virginia by providing opportunities throughout the state to improve the health of West Virginia's citizens by promoting healthy living where everyone lives, works and plays; and
     Whereas, The overarching goal of the ActiveWV 2015 is to provide a strategic direction to increase and maintain healthy physical activity levels of the citizens of West Virginia through the development, implementation, and evaluation of an effective West Virginia Physical Activity Plan; and
     Whereas, It is expected that the Plan's implementation will increase the physical activity levels of children and adults to meet or exceed the national physical activity recommendations and therefore improve the health and quality of life of West Virginians; and
     Whereas, The implementation of the Plan relies on the cooperation of policy makers, community leaders, and leaders from other sectors; therefore, be it
     Resolved by the Senate:
     That the Senate hereby designates January 19, 2012, as "West Virginia Physical Activity Day"; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia Physical Activity Plan.
     At the request of Senator Stollings, 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 proceeded to the seventh order of business.
     Senate Concurrent Resolution No. 1, Requesting DOH name bridge in Mingo County Brittany Nicole Dentro Memorial Bridge.
     On unfinished business, coming up in regular order, was reported by the Clerk.
     The question being on the adoption of the resolution, the same was put and prevailed.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Com. Sub. for Senate Concurrent Resolution No. 2, Requesting DOH name bridge in Monongalia County Colonel Zackquill Morgan Memorial Bridge.
     On unfinished business, coming up in regular order, was reported by the Clerk.
     The question being on the adoption of the resolution, the same was put and prevailed.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     The Senate proceeded to the ninth order of business.
     Com. Sub. for Senate Bill No. 96, Redefining basis for disqualification of prospective jurors.
     On second reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator Unger, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
     The Senate then proceeded to the tenth order of business.
     Senate Bill No. 30, Providing additional means to notify DMV of purchase of junked vehicle.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     Com. Sub. for Senate Bill No. 118, Terminating residential lease upon tenant death.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     Senate Bill No. 129, Relating to descriptions of easements and rights-of-way.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     The Senate proceeded to the twelfth order of business.
     Remarks were made by Senators Stollings, Miller, Snyder and Unger.
     Thereafter, at the request of Senator Williams, and by unanimous consent, the remarks by Senator Miller were ordered printed in the Appendix to the Journal.
     The Senate proceeded to the thirteenth order of business.
     Senator Unger called attention to today being the birthday of the senior senator from Kanawha and on behalf of the Senate extended felicitations and good wishes to Senator McCabe with Senator Klempa leading the members in singing "Happy Birthday".
     At the respective requests of Senators Klempa and Yost, the names of Senators Klempa and Yost were removed as sponsors of Senate Bill No. 346 (Creating Larry Border Act).
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Unger, the Senate adjourned until tomorrow, Friday, January 20, 2012, at 11 a.m.
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