sdj-14th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2012
FOURTEENTH DAY
____________
Charleston, W. Va., Tuesday, January 24, 2012
The Senate met at 11 a.m.
(Senator Kessler, Mr. President, in the Chair.)
Prayer was offered by the Reverend Rodney Campbell, Fifth
Avenue Church of God, South Charleston, West Virginia.
Pending the reading of the Journal of Monday, January 23,
2012,
On motion of Senator Boley, 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 passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4078--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §18B-9A-9, relating to modifying dates; changing the date for a certain calculation; and extending certain
deadlines for mandated actions regarding higher education
personnel.
Referred to the Committee on Education.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2012, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4086--A Bill to amend and
reenact §11-6F-2 and §11-6F-4 of the Code of West Virginia, 1931,
as amended, all relating to designating certain property as a
qualified capital addition to a manufacturing facility and
extending that property special valuation to the twenty-fifth year
succeeding the year in which the qualified capital addition is
first placed in service.
Referred to the Committee on Finance.
The Senate proceeded to the fourth order of business.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 209, Updating terms in Personal Income Tax
Act.
And,
Senate Bill No. 210, Updating terms in Corporation Net Income
Tax Act.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Miller, from the Committee on Agriculture, submitted
the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Bill No. 228, Authorizing Commissioner of Agriculture
promulgate legislative rule relating to meat and poultry
inspection.
And,
Senate Bill No. 230, Authorizing Commissioner of Agriculture
promulgate legislative rule relating to nutrient management
certification.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Ronald F. Miller,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 239, Authorizing CPRB promulgate legislative
rule relating to PERS.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original triple committee reference
first be referred to the Committee on Finance; and then to the
Committee on the Judiciary.
Respectfully submitted,
Dan Foster,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on Finance; and then to the Committee on
the Judiciary, with an amendment from the Committee on Pensions
pending.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 240, Authorizing CPRB promulgate legislative
rule relating to refund, reinstatement, retroactive service, loan
and employer error interest factors.
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 the Judiciary.
Respectfully submitted,
Dan Foster,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 241, Authorizing CPRB promulgate legislative
rule relating to State Police.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original triple committee reference
first be referred to the Committee on Finance; and then to the
Committee on the Judiciary.
Respectfully submitted,
Dan Foster,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on Finance; and then to the Committee on
the Judiciary, with an amendment from the Committee on Pensions
pending.
Senator Miller, from the Committee on Agriculture, submitted the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Bill No. 265, Authorizing Division of Forestry
promulgate legislative rule relating to sediment control during
commercial timber-harvesting operations--licensing.
And has amended same.
And,
Senate Bill No. 266, Authorizing Division of Forestry
promulgate legislative rule relating to sediment control during
commercial timber-harvesting operations--logger certification.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended; but under the original triple committee
references first be referred to the Committee on Finance; and then
to the Committee on the Judiciary.
Respectfully submitted,
Ronald F. Miller,
Chair.
The bills, under the original triple committee references,
were referred to the Committee on Finance; and then to the
Committee on the Judiciary, with amendments from the Committee on
Agriculture pending.
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 (Mr. President) and Hall (By Request of
the Executive):
Senate Bill No. 390--A Bill to amend and reenact §11B-2-20 of
the Code of West Virginia, 1931, as amended; to amend said code by
adding thereto a new section, designated §11B-2-20a; to amend and
reenact §17-3-1 of said code; and to amend and reenact §31-15A-9 of
said code, all relating to the Revenue Shortfall Reserve Fund, the
Revenue Shortfall Reserve Fund - Part B and the creation of a West
Virginia Infrastructure Modernization and Development Special
Revenue Fund; specifying maximum aggregate funding amount for the
Revenue Shortfall Reserve Fund; providing that interest and other
earnings on Revenue Shortfall Reserve Fund - Part B shall be
dedicated to and expended for and in support of the federal-state
Medicaid program authorized by the Legislature or mandated by the
federal government; providing that in, commencing and executing the
provisions of this subdivision, the West Virginia Investment
Management Board is not and shall not be obligated to sell any
investments at a loss or otherwise take any action not in
furtherance of its fiduciary duties and obligations in respect of
funds and investments under its management and supervision;
creating the West Virginia Infrastructure Modernization and
Development Special Revenue Fund in the State Treasury; specifying the funding source for the West Virginia Infrastructure
Modernization and Development Special Revenue Fund; specifying use
of funds in the West Virginia Infrastructure Modernization and
Development Special Revenue Fund; providing ability of State Road
Fund to accept and expend funds transferred from the West Virginia
Infrastructure Modernization and Development Special Revenue Fund;
and providing ability of West Virginia Infrastructure Fund to
accept and expend funds transferred from the West Virginia
Infrastructure Modernization and Development Special Revenue Fund.
Referred to the Committee on Finance.
By Senators Laird, Unger, Prezioso, Stollings, Edgell, Sypolt,
D. Facemire, Snyder, Yost, Green, Wells, Miller, Browning, Jenkins,
Plymale, Beach, Foster and Tucker:
Senate Bill No. 391--A Bill to amend and reenact §24-2A-1 of
the Code of West Virginia, 1931, as amended, relating to reduced
utility rates for low-income residential customers.
Referred to the Committee on the Judiciary.
By Senators Hall, Klempa, Browning and Plymale:
Senate Bill No. 392--A Bill to amend and reenact §16-13A-4 of
the Code of West Virginia, 1931, as amended, relating to public
service district board members; increasing the salary of public
service district board members; clarifying when salary and expense
payments may be made; and adding sewer service to the salary
schedule for public service districts which contract with others to provide service.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Browning and Plymale:
Senate Bill No. 393--A Bill to amend and reenact §18-7D-6 of
the Code of West Virginia, 1931, as amended, relating to the State
Teachers Retirement System; and extending the time for certain
members to purchase additional service credit for service in the
Teachers' Defined Contribution Retirement System.
Referred to the Committee on Education; then to the Committee
on Pensions; and then to the Committee on Finance.
By Senators Wills, Kirkendoll, Klempa, McCabe, Minard,
Palumbo, Tucker, Williams, K. Facemyer, Nohe, Plymale, Foster and
Beach:
Senate Bill No. 394--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, §5-30-6,
§5-30-7 and §5-30-8; to amend said code by adding thereto a new
section, designated §7-1-16; and to amend and reenact §8-5-10 of
said code, all relating to procedures for the transfer of power
when certain elected officials are unable to fulfill the duties of
their office; creating a procedure for the transfer of power due to
disability or unavailability of the elected members of the Board of
Public Works; requiring designation of chain of succession and waiver of HIPAA rights for certain elected officials; creating the
disability evaluation panel; declaring procedures for voluntary
temporary transfer of power and involuntary transfer of power;
defining the process for reevaluation of findings by the disability
evaluation panel; establishing procedures for declaration of
unavailability; requiring that certain determinations be published
in the State Register; providing for review of the disability
evaluation panel's determinations by the Supreme Court of Appeals
of West Virginia; directing the Supreme Court to create procedural
rules pertaining to the review; requiring continuation of salary
and insurance for certain disabled and unavailable elected
officials; requiring counties to create a procedure for the
transfer of power due to disability or unavailability; and
requiring municipalities to create a procedure for the transfer of
power due to disability or unavailability.
Referred to the Committee on the Judiciary.
By Senators Wills, Klempa, Tucker, Miller, Snyder, Yost,
Kessler (Mr. President) and Plymale:
Senate Bill No. 395--A Bill to amend and reenact §23-1-1a of
the Code of West Virginia, 1931, as amended, relating to rules
promulgated by the Workers' Compensation Board of Managers; and
providing that these rules are subject to the legislative review
process.
Referred to the Committee on the Judiciary.
By Senators Foster and Beach:
Senate Bill No. 396--A Bill to amend and reenact §18A-4-2b of
the Code of West Virginia, 1931, as amended, relating to minimum
salary supplement and educational expense reimbursement for
professional personnel with recognized national certification.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Minard and Beach:
Senate Bill No. 397--A Bill to amend and reenact §33-6-34 of
the Code of West Virginia, 1931, as amended, relating to increasing
the filing fees for insurers; permitting multiple insurers to make
a single filing with a fee collected from each one; defining a
term; and deleting an effective date.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senator Minard:
Senate Bill No. 398--A Bill to amend and reenact §33-31-2 of
the Code of West Virginia, 1931, as amended, relating to captive
insurance; limiting risk retention groups' risks on single subjects
of insurance; and requiring captive insurance companies to notify
the Insurance Commissioner of any material changes to certain
information.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 399--A Bill to amend and reenact §33-12-7 and
§33-12-8 of the Code ofWest Virginia, 1931, as amended, all
relating to the continuing education for insurance producers;
revising certain membership requirements of the Board of Insurance
Producer Education; providing for payment of certain expenses of
board members; revising role of the board; reducing period in which
a producer whose license has been suspended may demonstrate
compliance; and permitting the Insurance Commissioner to propose a
rule to change certain fees.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Government Organization.
By Senators Wells, D. Facemire, Yost and Foster:
Senate Bill No. 400--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §3-2-6a, relating to late voter registration for any
member of a uniformed service of the United States, as defined in
42 U. S. C. §1973ff-6, any member of the Merchant Marine of the
United States, any person who resides temporarily outside of the
United States and the spouse or dependent residing with a person
that fits the criteria.
Referred to the Committee on Military; and then to the
Committee on the Judiciary.
By Senators Wills, Beach, Kirkendoll, Klempa, McCabe, Minard, Palumbo, Tucker, Williams, K. Facemyer, Nohe, Jenkins, Unger,
Foster, Yost, Kessler (Mr. President) and Plymale:
Senate Bill No. 401--A Bill to amend and reenact §5-16-7 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§5-16B-6e of said code; to amend and reenact §33-16-3v of said
code; to amend and reenact §33-24-7k of said code; and to amend and
reenact §33-25A-8j of said code, all relating to insurance coverage
for autism spectrum disorders; specifying application of benefit
caps; clarifying time frames; adding evaluation of autism spectrum
disorder to included coverage; clarifying diagnosis, evaluation and
treatment requirements; clarifying reporting requirements; and
making technical corrections.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Wills, Kirkendoll, Klempa, McCabe, Minard,
Palumbo, Tucker, Williams, K. Facemyer, Nohe and Foster:
Senate Bill No. 402--A Bill to amend and reenact §29A-1-2 and
§29A-1-3 of the Code of West Virginia, 1931, as amended; to amend
and reenact §29A-3-1a, §29A-3-4, §29A-3-6, §29A-3-8, §29A-3-15,
§29A-3-15a and §29A-3-15b of said code; and to amend said code by
adding thereto three new sections, designated §29A-3-1c, §29A-3-1d
and §29A-3-9a, all relating to review of state administrative
agency rulemaking; defining terms; altering designation of types of
rules that have not been approved by the Legislature and that are exempt from legislative review; establishing deadline for action by
agency action for certain proposed rules before the rule is deemed
withdrawn; requiring agency response to public comments; requiring
all sections of a rule be filed when agency proposing rule
amendment; providing for methodology for repeal of rules;
establishing new publishing and rule-making requirements for
certain Department of Health and Human Resources policy manuals;
providing new process for review and approval of legislative rules
incorporating federal mandated requirements; revising emergency
rule-making process to allow for public comment, more information
and extended comment period; providing new process for provisional
legislative rules; and altering certain agency filing requirements.
Referred to the Committee on the Judiciary.
By Senators Miller, Laird and Wills:
Senate Bill No. 403--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §61-
13-1, §61-13-2, §61-13-3, §61-13-4, §61-13-5, §61-13-6, §61-13-7,
§61-13-8, §61-13-9, §61-13-10, §61-13-11, §61-13-12, §61-13-13,
§61-13-14, §61-13-15, §61-13-16, §61-13-17, §61-13-18, §61-13-19,
§61-13-20, §61-13-21 and §61-13-22, all relating to establishment
of the West Virginia Criminal and Civil Forfeiture Act;
establishing civil and criminal forfeiture proceedings pertaining
to property and assets used in, acquired, gained or flowing from
various criminal activities and juvenile offenses; providing definitions; statement of purpose of forfeitures; identifying
property subject to forfeiture; establishing exemptions; providing
the state with provisional title to property subject to forfeiture;
establishing procedures for seizure of property; establishing
protections for innocent third party owners and interest holders;
establishing a procedure for processing uncontested forfeitures;
establishing general procedures for challenging and evaluating
forfeiture procedures; providing for the filing and processing of
petitions for in rem forfeiture proceedings; providing for the
filing and processing and establishing related procedures for in
personam forfeiture proceedings; allowing additional procedures
applicable in criminal and civil proceedings in which forfeiture of
property is sought; allowing for forfeiture of and execution on
substitute property under certain conditions; allowing for release
of seized property upon provision of adequate security bond or
deposit; providing certain exceptions and limitations; establishing
procedures for forfeiture; establishing burdens of proof; providing
for the seizure and disposition of forfeited and other property;
civil forfeiture action and pretrial hardship release; establishing
the crime of interference with or diminishing forfeitable property;
providing right to trial by jury; creating standards and procedures
for care of property in law-enforcement custody; providing
provisions for the sale of forfeited property; prioritizing and
directing the application of proceeds and forfeiture funds; providing exceptions; and criminal penalties.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Wills, Plymale, Browning, Snyder, Yost, Miller,
Laird, Klempa, Tucker, Unger and Kessler (Mr. President):
Senate Bill No. 404--A Bill to amend and reenact §18A-3-2a of
the Code of West Virginia, 1931, as amended, relating to issuance
of a barrister's certificate to teach course-specific curricula in
West Virginia public schools.
Referred to the Committee on Education.
By Senators Williams, Jenkins, Unger, Plymale, Beach and
Tucker:
Senate Bill No. 405--A Bill to amend and reenact §17B-2-1 of
the Code of West Virginia, 1931, as amended, relating to permitting
a military veteran to be identified as a veteran on a driver's
license or identification card issued by the Division of Motor
Vehicles; and permitting a veteran to be issued a replacement
license or card without charge if the request is made before the
expiration date of the current license or card.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Kessler (Mr. President), Beach, Wills and Unger:
Senate Bill No. 406--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section, designated §19-20-26, relating to protecting dogs by creating
regulations for commercial dog-breeding operations.
Referred to the Committee on the Judiciary.
By Senators Laird and Beach:
Senate Bill No. 407--A Bill to amend and reenact §20-2-5 of
the Code of West Virginia, 1931, as amended, relating to hunting;
adding coyote and fox to the list of species in which any color
artificial light is permitted for hunting at night; removing
redundant language relating to hunting while under the influence of
alcohol; and referencing Class Y special crossbow hunting permits.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Jenkins, Plymale and Beach:
Senate Bill No. 408--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-3-59, relating to crimes against property involving
graffiti; imposing liability on parent or legal guardian of a
person under eighteen for violations; requiring driver's license
restrictions; authorizing a court to require restitution; providing
criminal and civil penalties; and authorizing property owners to
initiate civil actions to recover damages.
Referred to the Committee on the Judiciary.
By Senators K. Facemyer, Kessler (Mr. President) and Beach:
Senate Bill No. 409--A Bill to amend and reenact §60-3A-24 of the Code of West Virginia, 1931, as amended, relating to
substituting community service for confinement in jail for a person
under the age of twenty-one who purchases, consumes, sells, serves
or possesses alcoholic liquor or who misrepresents his or her age
to purchase alcoholic liquor.
Referred to the Committee on the Judiciary.
By Senators Prezioso and Beach:
Senate Bill No. 410--A Bill to amend and reenact §11-21-77 of
the Code of West Virginia, 1931, as amended, relating to personal
income tax; and requiring backup withholding on certain gambling
winnings.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Prezioso and Laird:
Senate Bill No. 411--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-3-22a, relating to electronic cash register
automated sales suppression devices; providing definitions; stating
it shall be unlawful to willfully and knowingly sell, purchase,
install, transfer or possess in this state any automated sales
suppression device; providing for penalties and civil remedies;
establishing that such devices and software are contraband; and
providing for the seizure and destruction of such devices.
Referred to the Committee on the Judiciary.
Senators Chafin and Beach offered the following resolution:
Senate Concurrent Resolution No. 10--Requesting the Division
of Highways to name the bridge on 12 Pole Creek Road, in Breeden,
Mingo County, bridge number 30-3/5-19.82, as the "Jacob & Ellen
Vance Memorial Bridge".
Whereas, Jacob and Ellen Vance were residents of Breeden,
Mingo County, West Virginia; and
Whereas, Jacob and Ellen Vance owned property on either side
of said bridge, where they raised eight children; and
Whereas, Jacob Vance was a farmer who worked on the railroad
as a tree cutter and Ellen Vance was a housewife; and
Whereas, Jacob and Ellen Vance passed away leaving their
property to their grandchildren: Barbara Vance Perry, Kenneth D.
Vance, Wanda Vance Perry and Roland G. Maynard; and
Whereas, It is fitting to honor Jacob and Ellen Vance by
naming the bridge that spans the property of their decedents;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name the bridge on 12 Pole Creek Road, in Breeden, Mingo County,
bridge number 30-3/5-19.82, as the "Jacob & Ellen Vance Memorial
Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the bridge as the "Jacob & Ellen Vance Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate forward a
certified copy of this resolution to the Secretary of the
Department of Transportation; and to Mr. and Mrs. Vance's surviving
grandchildren: Barbara Vance Perry, Kenneth D. Vance, Wanda Vance
Perry and Roland G. Maynard.
Which, under the rules, lies over one day.
Senator Hall offered the following resolution:
Senate Concurrent Resolution No. 11--Requesting the Joint
Committee on Government and Finance study the cost effectiveness of
transporting West Virginia's excess animal population to other
states.
Whereas, Overpopulation of domestic animals is a problem in
West Virginia and creates a financial burden on the counties of the
state; and
Whereas, West Virginia seeks a more cost-effective and humane
system than its current one for addressing its domestic animal
overpopulation within its borders; and
Whereas, Many states, particularly northeastern states, have
the capacity and willingness to absorb some of West Virginia's
animal overpopulation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is
requested to study the cost effectiveness of transporting West Virginia's excess animal population to other states; and, be it
Further Resolved, That the study conducted by the Joint
Committee on Government and Finance specifically evaluate options
for animal transportation including, but not limited to, use of
shelter employees employed by counties of West Virginia, use of
volunteers and use of transporters from potential receiving states;
and, be it
Further Resolved, That the Joint Committee on Government and
Finance explore the possibility of defraying the costs of the
program through public or private sector grants or funding; and, be
it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2013, 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 legislation be paid from
legislative appropriations to the Joint Committee on Government and
Finance.
Which, under the rules, lies over one day.
Senators Plymale, Jenkins, Chafin, Stollings, Kirkendoll,
Wills, Fanning, Unger, Kessler (Mr. President), Foster and Beach
offered the following resolution:
Senate Resolution No. 8--Congratulating the Spring Valley
Volleyball team for winning the 2011 Class AAA state volleyball
championship.
Whereas, The Spring Valley Volleyball team had an
extraordinary season, and earned the opportunity to participate in
the 2011 Class AAA state championship tournament; and
Whereas, Through teamwork, dedication and spirit, the Spring
Valley Volleyball team won the 2011 Class AAA state volleyball
championship; and
Whereas, The Spring Valley Volleyball team is coached by Joy
Bailey and her assistants Taylor Strickland and Susan Waldie, and
consists of members Alexis Ward, Nicole McCarty, Brittany Ritter,
Megan Morrison, Kristen Davis, Nicole Groves, Jessica Webb, Allyson
Meadows, Sarah Kelly, Kendra Pemberton, Macey Porter, Jordan
Ratcliff, Mackenzie Morris, Katie Lunsford, Carlie McCoy, Kylie
Perdue, Brooke Heck, Kassidy Lemons, Autumn Ross, Darry Ross, and
Madison Morris; and
Whereas, The Spring Valley Volleyball team displayed their
strong will and determination for an entire season; and
Whereas, The Spring Valley Volleyball team will be remembered
as one of the best volleyball squads ever assembled in West
Virginia high school history; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the Spring Valley Volleyball team for winning the 2011 Class AAA state volleyball
championship; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the coaches and each member of the
Spring Valley Volleyball team.
At the request of Senator Plymale, 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
resumed business under the sixth order.
Senators Wills, Miller, Browning, Unger, Kessler (Mr.
President), Foster, Beach, Plymale and Fanning offered the
following resolution:
Senate Resolution No. 9--Congratulating the Concord University
Mountain Lions baseball team for winning the 2011 WVIAC
Championship.
Whereas, Concord's Mountain Lions baseball team, after a slow
start in the 2011 season, caught fire and reeled off eight wins in
their last eleven regular season games, qualifying for the WVIAC
Tournament as the fourth and final seed in the Southern Division;
and
Whereas, The Mountain Lions continued to gather speed and, once in the tournament, could not be stopped, laying claim to the
Championship title for the fourth time, following championship
seasons in 1954, 1961 and 2001; and
Whereas, The Mountain Lions were competitive in post-season
play, winning one game, and had several Concord players earn post-
season honors or recognition; and
Whereas, The Mountain Lions of Concord University, are coached
by Andrew Wright, and include players David Allen, Zachary Atkins,
Timothy Bancells, Randy Beard, Albert Blevins, Nathan Brown,
Matthew Clark, Charles Cline, Zachary Cloxton, Joel Gattoni, Elisha
Hill, Ian Humphrey, Jacob Mays, Timothy McKinney, Colton Mitchell,
Keith Morrisroe, Dustin Nuckels, Brandon Proctor, James Riggleman,
Raphael Sanchez, Devin Smith, Nicholas Sydnor, Nathan Watson, Ryan
Weatherholtz, Wesley Webb, Joshua Wenger, Justin Willard, and
William Zuspan; and
Whereas, The Mountain Lions displayed their strong will and
determination for an entire season and are a shining example of
what can be accomplished through teamwork, dedication, and
commitment; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the Concord University
Mountain Lions baseball team for winning the 2011 WVIAC
Championship; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the coach and each member of the
Concord University Mountain Lions baseball team.
At the request of Senator Wills, 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. 7, Requesting DOH name bridge
in Clendenin, Kanawha County "Smith Brothers 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.
Senate Concurrent Resolution No. 9, Amending Joint Rule 5a
relating to introduction and filing of proposed legislative rules.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 100, Relating to fees
collected by circuit court clerks.
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, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird,
McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Williams, Wills, Yost and Kessler
(Mr. President)--33.
The nays were: None.
Absent: Wells--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 100) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 118, Terminating
residential lease upon tenant death.
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: Beach, Browning,
Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green,
Hall, Helmick, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger,
Wills, Yost and Kessler (Mr. President)--27.
The nays were: Barnes, Boley, Jenkins, Nohe, Tucker and
Williams--6.
Absent: Wells--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 118) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 129, Relating to descriptions of
easements and rights-of-way.
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, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird,
McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Williams, Wills, Yost and Kessler
(Mr. President)--33.
The nays were: None.
Absent: Wells--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 129) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Senate Bill No. 129--A Bill to amend and reenact §36-3-5a
of the Code of West Virginia, 1931, as amended, relating to
descriptions of easements and rights-of-way in deeds and similar
instruments; and amending centerline method of description to
include width.
Senator Unger moved that the bill take effect July 1, 2012.
On this question, the yeas were: Barnes, Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird,
McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Williams, Wills, Yost and Kessler
(Mr. President)--33.
The nays were: None.
Absent: Wells--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 129) takes effect July 1, 2012.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 183, Increasing penalties for assault and
battery on athletic official.
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, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird,
McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Williams, Wills, Yost and Kessler
(Mr. President)--33.
The nays were: None.
Absent: Wells--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 183) passed with its title.
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 Com. Sub. for Senate Bill No. 7, Relating to
administration of Naloxone in suspected drug overdoses.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
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 Unger.
Thereafter, at the request of Senator Browning, and by
unanimous consent, the remarks by Senator Unger 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".
At the request of Senator Plymale, the name of Senator Plymale
was removed as a sponsor of
Senate Bill No. 346 (Creating Larry
Border Act).
On motion of Senator Unger, a leave of absence for the day was
granted Senator Wells.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Unger, the Senate adjourned until
tomorrow, Wednesday, January 25, 2012, at 11 a.m.
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