sdj-13th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2011
THIRTEENTH DAY
____________
Charleston, W. Va., Monday, January 24, 2011
The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)
Prayer was offered by the Reverend James Cline, Old Pathway
Church, Ikes Fork, West Virginia.
Pending the reading of the Journal of Friday, January 21,
2011,
On motion of Senator Klempa, 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 then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 7, Authorizing payment of
supplies, services, printing and other expenses.
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 Kessler (Acting President) and Hall (By Request of
the Executive):
Senate Bill No. 239--A Bill to amend and reenact §18B-18A-9 of
the Code of West Virginia, 1931, as amended, relating to higher
education-directed research endowments; extending the date upon
which moneys must be deposited into research endowments operated by
participating institutions; and altering the time period for
reallocation of matching moneys.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Kessler (Acting President) and Hall (By Request of
the Executive):
Senate Bill No. 240--A Bill to amend and reenact §5A-3-10 of
the Code of West Virginia, 1931, as amended, relating to purchasing
practices generally; providing that the Purchasing Division
Director may not approve certain purchases; providing that reverse
auctions may be used to purchase only commodities; defining the
"reverse auction process"; permitting the use of third-party
vendors for reverse auctions; providing Purchasing Division
Director with rule-making and emergency rule-making authority to
implement reverse auctions; and providing technical cleanup.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Kessler (Acting President) and Hall (By Request of
the Executive):
Senate Bill No. 241--A Bill to amend and reenact §5B-1-2 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§5B-2-8 and §5B-2-9 of said code; and to amend and reenact §5F-2-1
of said code, all relating generally to Division of Tourism and
Tourism Commission; clarifying that Division of Tourism and the
Tourism Commission are separate entities within Department of
Commerce; modifying composition of Tourism Commission; and
modifying the Tourism Commission's annual reporting requirement.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Stollings, Foster, McCabe, Kessler (Acting
President), Miller, Laird, Fanning and Klempa:
Senate Bill No. 242--A Bill to amend and reenact §11-13A-5a of
the Code of West Virginia, 1931, as amended, relating to dedicating
five percent of coal severance tax to the county of origin;
providing for a five-year phase-in at one percent per year; and
providing permissible uses for the moneys.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Kessler (Acting President) and Hall (By Request of
the Executive):
Senate Bill No. 243--A Bill to amend and reenact §11-13J-4a,
§11-13J-6, §11-13J-8 and §11-13J-12 of the Code of West Virginia,
1931, as amended, all relating to the Neighborhood Investment
Program Act; specifying that board members who are affiliated,
directly or indirectly, with an applicant may not discuss or vote
on the applicant's proposal; increasing total maximum aggregate tax
credits certified in any state fiscal year; specifying total
maximum aggregate tax credits allowed in any state fiscal year;
extending the date for termination of the Neighborhood Investment
Program; and providing technical and clerical cleanup.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Snyder, Kessler (Acting President), Browning,
Foster, Laird, Yost, Beach, Wells, Edgell, McCabe, Stollings,
Plymale, Miller, Fanning and Klempa:
Senate Bill No. 244--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §37-11-7, relating to defining ownership of coalbed
methane when severance of mineral estates fails to provide for
ownership.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Kessler (Acting President), Snyder, Browning,
Foster, Laird, Yost, Stollings, Beach, Fanning, Unger, Wills, Barnes, Miller, Edgell, McCabe, Plymale, Klempa and Williams:
Senate Bill No. 245--A Bill to amend and reenact §22C-1-6 and
§22C-1-27 of the Code of West Virginia, 1931, as amended; to amend
and reenact §29-22-18a of said code; to amend and reenact §31-15A-9
of said code; and to amend said code by adding thereto a new
section, designated §31-15A-17b, all relating to protection of the
Chesapeake Bay Watershed; authorizing the Water Development
Authority to require consolidation of wastewater treatment
facilities; increasing the bonding authority of the Water
Development Authority for limited purpose; increasing amount of
excess lottery revenue deposited to infrastructure fund; providing
for distribution to infrastructure fund where excess lottery
revenue shortfall occurs; providing exemption for excess lottery
revenue deposited to infrastructure fund; creating the West
Virginia Infrastructure Lottery Revenue Debt Service Fund and
providing for purpose of new fund; and authorizing Water
Development Authority to issue revenue bonds for certain Chesapeake
Bay Watershed projects.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
Senators Kessler (Acting President), Edgell, Foster, Hall,
Jenkins, McCabe, Stollings, Plymale, Miller, Laird, Yost, Klempa,
Beach, Williams, Wills and Prezioso offered the following
resolution:
Senate Concurrent Resolution No. 10--Requesting March 30
annually be designated as "West Virginia Vietnam Veterans
Recognition Day".
Whereas, Vietnam Veterans have not received the recognition
they so rightly deserve for serving our country so bravely; and
Whereas, Since their return from Vietnam, many veterans have
been forgotten and left to fight serious illnesses on their own
without help from the people these veterans fought to protect; and
Whereas, The Vietnam War was fought in Vietnam from 1961 to
1975 where more than 58,000 members of the United States Armed
Forces lost their lives and more than 300,000 were wounded; and
Whereas, In honor of the 3,000 men and women of West Virginia
who served in the Armed Forces in Vietnam during the conflict on
behalf of the nation and in honor of the 749 West Virginians listed
on the Vietnam Memorial Wall in Washington, DC and Charleston, West
Virginia; and
Whereas, March 30, 1975 was the day the United States Armed
Forces completed withdrawal of combat troops from Vietnam;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature requests March 30 annually be designated
as "West Virginia Vietnam Veterans Recognition Day"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Governor.
Which, under the rules, lies over one day.
Petitions
Senators Hall and K. Facemyer presented a petition from Jim
Butler and thirty West Virginia residents, requesting the
Legislature increase registration fees on passenger vehicles as an
alternative to tolling roadways.
Referred to the Committee on Finance.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 8, Requesting DOH name
segment of U. S. Route 33 "Sergeant Clinton M. Hedrick and World
War II Veterans 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. 9, Requesting DOH name bridge
on U. S. Route 220 in Smoke Hole, Pendleton County, "Pendleton
County Vietnam Veterans 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 eighth order of business.
Eng. Com. Sub. for Senate Bill No. 60, Authorizing probation
officers' supervision of sex offenders pending availability of
multijudicial officer.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Edgell, D. Facemire, K. Facemyer, Fanning, Foster,
Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller,
Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler
(Acting President)--32.
The nays were: None.
Absent: Chafin and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 60) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley,
Browning, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green,
Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard,
Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--32.
The nays were: None.
Absent: Chafin and Tomblin (Mr. President)--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 60) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Browning, Hall and Snyder.
Thereafter, at the request of Senator K. Facemyer, and by
unanimous consent, the remarks by Senator Hall were ordered printed
in the Appendix to the Journal.
The Senate proceeded to the thirteenth order of business.
Senator Klempa called attention to today being the birthday of
the senator from Berkeley and on behalf of the Senate extended
felicitations and good wishes to Senator Unger with Senator Klempa
leading the members in singing "Happy Birthday".
On motion of Senator Unger, leaves of absence for the day were
granted Senators Chafin and Tomblin (Mr. President).
Pending announcement of meetings of standing committees of the
Senate, including a majority party caucus,
On motion of Senator Unger, the Senate adjourned until
tomorrow, Tuesday, January 25, 2011, at 11 a.m.
____________
Webmaster | © 2024 West Virginia Legislature **
