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sdj-13th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2010

THIRTEENTH DAY

____________

Charleston, W. Va., Monday, January 25, 2010

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

Prayer was offered by the Reverend Dr. Bill Ellis, Minister at Large, Teays Valley Church of God, Scott Depot, West Virginia.
Senator Tomblin (Mr. President) called attention to today being the eightieth birthday of the Reverend Dr. Bill Ellis and on behalf of the Senate extended felicitations and good wishes to Reverend Ellis, with Senator Barnes leading the members in singing "Happy Birthday".
Pending the reading of the Journal of Friday, January 22, 2010,
On motion of Senator Jenkins, 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 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, Foster, Barnes, Browning, Deem, Laird, Palumbo, Stollings, Williams, Yost, Unger, Wells and Plymale:
Senate Bill No. 340--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §62-16-1, §62-16-2, §62-16-3, §62-16-4, §62-16-5, §62- 16-6, §62-16-7, §62-16-8, §62-16-9, §62-16-10, §62-16-11, §62-16- 12, §62-16-13, §62-16-14, §62-16-15 and §62-16-16, all relating to the enactment of the Uniform Collateral Consequences of Conviction Act; limitations on the scope of the act; identification, collection and publication of collateral consequences by the Attorney General; pretrial notice of collateral consequences; notice of collateral consequences at sentencing and upon release; authorization to impose a collateral sanction or disqualification; effect of out-of-state convictions; effect of pardoned or vacated convictions; petitions for relief from collateral consequences; certificates of restoration of rights; exemptions from orders or certificates; issuance of orders or certificates; reliance on order or certificate as evidence of due care; victim's rights; and uniformity of application and construction of article.
Referred to the Committee on the Judiciary.
By Senators Kessler, Foster, Barnes, Browning, Deem, Jenkins, Laird, Palumbo, Stollings, Williams, Yost, Unger and Plymale:
Senate Bill No. 341--A Bill to amend and reenact §17C-5A-3 of the Code of West Virginia, 1931, as amended, relating to creation of a special revenue fund known as the Department of Health and Human Resources Safety and Treatment Fund; control and use of the fund; and transferring to the Department of Health and Human Resources all employees, records responsibilities, obligations, assets and property of the Division of Motor Vehicles with respect to the safety and treatment program to the Department of Health and Human Resources.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Kessler, Foster, Barnes, Browning, Deem, Jenkins, Laird, Palumbo, Stollings, Williams, Yost, Chafin, Unger and Plymale:
Senate Bill No. 342--A Bill to amend and reenact §25-1-15 of the Code of West Virginia, 1931, as amended; and to amend and reenact §62-12-13 of said code, all relating to the Division of Corrections; criminal procedure; and criminogenic risk and needs assessments.
Referred to the Committee on the Judiciary.
By Senators White, Kessler, Foster and Wells:
Senate Bill No. 343--A Bill to amend and reenact §18-8-1, §18- 8-1a and §18-8-4 of the Code of West Virginia, 1931, as amended, all relating to compulsory school attendance; increasing the minimum age for ending compulsory school attendance to age seventeen; and reducing to five the number of days of unexcused absences at which proceedings to enforce attendance begin.
Referred to the Committee on Education.
By Senators Unger, Fanning, Jenkins, Plymale, K. Facemyer and Chafin:
Senate Bill No. 344--A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Motor Vehicles to issue special license plates for members of certain organizations upon approval of the commissioner; establishing requirements for eligible organizations; assessing a special initial application fee and a special annual fee; discontinuance of a specialty plate; and establishing a minimum number of applications for the special plates prior to the design and production of the plates.
Referred to the Committee on Transportation and Infrastructure.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 345--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13B-19, relating to requiring a study of the telecommunications tax; authorizing the Tax Commissioner to order the disclosure of certain information; exempting certain information received by the Tax Commissioner from the West Virginia Freedom of Information Act; prohibiting the disclosure of certain information received by the Tax Commissioner; providing for criminal and civil penalties; defining terms; and authorizing the Tax Commissioner to promulgate rules and emergency rules.
Referred to the Committee on Finance.
By Senators Prezioso, Foster, Jenkins, Stollings, Unger, Boley, Caruth, Kessler, Laird, Wells and Plymale:
Senate Bill No. 346--A Bill to amend and reenact §16-1A-1, §16-1A-2, §16-1A-3 and §16-1A-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto five new sections, designated §16-1A-6, §16-1A-7, §16-1A-8, §16-1A-9 and §16-1A-10, all relating to credentialing of health care practitioners; establishing a single statewide credentialing verification organization; setting forth legislative findings; defining key terms; providing for contracting authority; setting forth an application process; providing for the confidentiality of information; setting forth legislative rule-making authority; providing for the establishment of fees and penalties; and granting immunity to credentialing entity for reliance upon information provided by the statewide credentialing verification organization.
Referred to the Committee on Health and Human Resources; and then to the Committee on Banking and Insurance.
Senator Snyder offered the following resolution:
Senate Concurrent Resolution No. 8--Requesting the Joint Committee on Government and Finance study issues implicated in gubernatorial succession when a vacancy in the office of Governor occurs due to death, conviction on impeachment, failure to qualify, resignation or other disability.
Whereas, The West Virginia Constitution provides in Article VII, Section 16:
In case of the death, conviction on impeachment, failure to qualify, resignation, or other disability of the governor, the president of the senate shall act as governor until the vacancy is filled, or the disability removed; and if the president of the senate, for any of the above named causes, shall become incapable of performing the duties of governor, the same shall devolve upon the speaker of the house of delegates; and in all other cases where there is no one to act as governor, one shall be chosen by joint vote of the legislature. Whenever a vacancy shall occur in the office of governor before the first three years of the term shall have expired, a new election for governor shall take place to fill the vacancy; and

Whereas, Situations may arise where additional constitutional or statutory procedures may be needed or useful in providing a smooth transition in case of a vacancy in the office of Governor; therefore, be it
Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study issues implicated in gubernatorial succession when a vacancy in the office of Governor occurs due to death, conviction on impeachment, failure to qualify, resignation or other disability; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2011, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance
Which, under the rules, lies over one day.
Senators Prezioso, Unger, Williams, Kessler, Edgell, McCabe, Wells and Plymale offered the following resolution:
Senate Resolution No. 7--
Recognizing Fairmont State University for its academic excellence and commitment to higher education.
Whereas, Fairmont State University was founded in 1865; and
Whereas, Fairmont State University has served for nearly one and a half centuries as an institution of opportunity for first generation college students; and
Whereas, More than 90 percent of Fairmont State University's students are West Virginia residents; and
Whereas, Fairmont State University students hail from 52 of the state's 55 counties; and
Whereas, Fairmont State University has established service locations in multiple locations throughout North Central West Virginia, including its main campus in Fairmont, the Gaston Caperton Center in Clarksburg, the Robert C. Byrd National Aerospace Education Center in Bridgeport, and the Braxton County Higher Education Center; and
Whereas, Fairmont State University offers nationally- accredited programs in high-demand fields such as teacher preparation, nursing, and engineering-technology, and its graduates consistently score well on national licensure exams; and
Whereas, Fairmont State University Accounting alumni frequently receive the highest score on the CPA exam and FSU faculty members have been named twice in recent years as the Outstanding Educator of the Year by the West Virginia Society of CPAs; and
Whereas, Fairmont State University offers many unique programs, including National Security and Intelligence, Folklore Studies, and Aviation; and
Whereas, Fairmont State University has a strong track record in placing alumni in graduate and professional programs; and
Whereas, More than 85 percent of Fairmont State University's graduates report that they live and work in West Virginia; and
Whereas, Fairmont State University's Frank and Jane Gabor West Virginia Folklife Center is dedicated to the identification, preservation, and perpetuation of our region's rich cultural heritage, through academic studies, educational programs, festivals and performances, and publications; and
Whereas, Fairmont State University has worked to preserve the oral history of West Virginians through the original theatre production "Remembering #9: Stories from the Farmington Mine Disaster," participation in the World War II Veterans History Project and the creation of the Mountain State Storytelling Institute; and
Whereas, Fairmont State University has built connections to the international roots of the state through the "Roads to Appalachia" study and travel abroad program and a student exchange program with the University of Calabria in Italy; and
Whereas, Fairmont State University provides a solid return on investment for the state dollars appropriated to the institution; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes Fairmont State University for its academic excellence and commitment to higher education; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the President of Fairmont State University, Thomas L. Krepel.

At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, 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. 7, Requesting DOH name bridge in Woodville, Lincoln County, "Private First Class Karol Clay 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 Snyder.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, January 26, 2010, at 11 a.m.
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