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Senate Journal



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sdj-14th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2011

FOURTEENTH DAY

____________

Charleston, W. Va., Tuesday, January 25, 2011

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

Prayer was offered by the Reverend Matt Friend, Executive Pastor, Randolph Street Baptist Church, Charleston, West Virginia.
Pending the reading of the Journal of Monday, January 24, 2011,
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 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 Senate amendments, as amended by the House of Delegates, passage as amended, with its House of Delegates amended title, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendments to the Senate amendments, as to
Eng. House Bill No. 2001 Providing that inmates serving life sentences shall be considered for parole only once every three years.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the Senate amendments to the bill were reported by the Clerk:
On page one, by striking out everything after the article heading and inserting in lieu thereof the following:
§62-12-13. Powers and duties of board; eligibility for parole; procedure for granting parole.

(a) The board of parole, whenever it is of the opinion that the best interests of the state and of the inmate will be served, and subject to the limitations hereinafter provided, shall release any inmate on parole for terms and upon conditions as are provided by this article.
(b) Any inmate of a state correctional center is eligible for parole if he or she:
(1)(A) Has served the minimum term of his or her indeterminate sentence or has served one fourth of his or her definite term sentence, as the case may be; or
(B) He or she:
(i) Has applied for and been accepted by the Commissioner of Corrections into an accelerated parole program;
(ii) Does not have a prior criminal conviction for a felony crime of violence against the person, a felony offense involving the use of a firearm, or a felony offense where the victim was a minor child;
(iii) Has no record of institutional disciplinary rule violations for a period of one hundred twenty days prior to parole consideration unless the requirement is waived by the commissioner;
(iv) Is not serving a sentence for a crime of violence against the person, or more than one felony for a controlled substance offense for which the inmate is serving a consecutive sentence, a felony offense involving the use of a firearm, or a felony offence where the victim was a minor child; and
(v) Has successfully completed a rehabilitation treatment program created with the assistance of a standardized risk and needs assessment;
(I) As used in this paragraph section "felony crime of violence against the person" means felony offenses set forth in articles two, three-e, eight-b or eight-d of chapter sixty-one of this code; and
(II) As used in this paragraph section "felony offense where the victim was a minor child" means any felony crime of violence against the person and any felony violation set forth in article eight, eight-a, eight-c or eight-d of chapter sixty-one of this code.
(C) Notwithstanding any provision of this code to the contrary, any person who committed, or attempted to commit a felony with the use, presentment or brandishing of a firearm, is not eligible for parole prior to serving a minimum of three years of his or her sentence or the maximum sentence imposed by the court, whichever is less: Provided, That any person who committed, or attempted to commit, any violation of section twelve, article two, chapter sixty-one of this code, with the use, presentment or brandishing of a firearm, is not eligible for parole prior to serving a minimum of five years of his or her sentence or one third of his or her definite term sentence, whichever is greater. Nothing in this section paragraph applies to an accessory before the fact or a principal in the second degree who has been convicted as if he or she were a principal in the first degree if, in the commission of or in the attempted commission of the felony, only the principal in the first degree used, presented or brandished a firearm. A person is not ineligible for parole under the provisions of this subdivision paragraph because of the commission or attempted commission of a felony with the use, presentment or brandishing of a firearm unless that fact is clearly stated and included in the indictment or presentment by which the person was charged and was either: (i) Found by the court at the time of trial upon a plea of guilty or nolo contendere; or (ii) found by the jury, upon submitting to the jury a special interrogatory for such purpose if the matter was tried before a jury; or (iii) found by the court, if the matter was tried by the court without a jury.
For the purpose of this section, the term "firearm" means any instrument which will, or is designed to, or may readily be converted to, expel a projectile by the action of an explosive, gunpowder or any other similar means.
(D) The amendments to this subsection adopted in the year 1981:
(i) Apply to all applicable offenses occurring on or after August 1 of that year;
(ii) Apply with respect to the contents of any indictment or presentment returned on or after August 1 of that year irrespective of when the offense occurred;
(iii) Apply with respect to the submission of a special interrogatory to the jury and the finding to be made thereon in any case submitted to the jury on or after August 1 of that year or to the requisite findings of the court upon a plea of guilty or in any case tried without a jury: Provided, That the state gives notice in writing of its intent to seek such finding by the jury or court, as the case may be, which notice shall state with particularity the grounds upon which the finding will be sought as fully as such grounds are otherwise required to be stated in an indictment, unless the grounds therefor are alleged in the indictment or presentment upon which the matter is being tried; and
(iv) Does not apply with respect to cases not affected by the amendments and in such cases the prior provisions of this section apply and are construed without reference to the amendments.
(1) Insofar as the amendments relate to mandatory sentences restricting the eligibility for parole, all matters requiring a mandatory sentence shall be proved beyond a reasonable doubt in all cases tried by the jury or the court;
(2) Is not in punitive segregation or administrative segregation as a result of disciplinary action;
(3) Has maintained a record of good conduct in prison for a period of at least three months immediately preceding the date of his or her release on parole;
(4) Has prepared and submitted to the board a written parole release plan setting forth proposed plans for his or her place of residence, employment and, if appropriate, his or her plans regarding education and post-release counseling and treatment. The Commissioner of Corrections or his or her designee shall review the plan to be reviewed and investigated and provide recommendations to the board as to the suitability of the plan: Provided, That in cases in which there is a mandatory thirty-day notification period required prior to the release of the inmate, pursuant to section twenty-three of this article, the board may conduct an initial interview and deny parole without requiring the development of a plan. In the event the board does not believe parole should be denied, it may defer a final decision pending completion of an investigation and receipt of recommendations. Upon receipt of the plan together with the investigation and recommendation, the board, through a panel, shall make a final decision regarding the granting or denial of parole; and
(5) Has satisfied the board that if released on parole he or she will not constitute a danger to the community.
(c) Except in the case of a person serving a life sentence, no person who has been previously twice convicted of a felony may be released on parole until he or she has served the minimum term provided by law for the crime for which he or she was convicted. A person sentenced for life may not be paroled until he or she has served ten years, and a person sentenced for life who has been previously twice convicted of a felony may not be paroled until he or she has served fifteen years: Provided, That a person convicted of first degree murder for an offense committed on or after June 10, 1994, is not eligible for parole until he or she has served fifteen years.
(d) In the case of a person sentenced to any state correctional center, it is the duty of the board, as soon as a person becomes eligible, to consider the advisability of his or her release on parole.
(e) If, upon consideration, parole is denied, the board shall promptly notify the inmate of the denial. The board shall, at the time of denial, notify the person inmate of the month and year he or she may apply for reconsideration and review. The board shall at least once a year reconsider and review the case of every inmate who was denied parole and is still eligible: Provided, That the board may reconsider and review parole eligibility anytime within three years following the denial of parole of an inmate serving a life sentence with the possibility of parole.
(f) Any person serving a sentence on a felony conviction who becomes eligible for parole consideration prior to being transferred to a state correctional center may make written application for parole. The terms and conditions for parole consideration established by this article apply to such inmates.
(g) The board shall, with the approval of the Governor, adopt rules governing the procedure in the granting of parole. No provision of this article and none of the rules adopted hereunder are intended or may be construed to contravene, limit or otherwise interfere with or affect the authority of the Governor to grant pardons and reprieves, commute sentences, remit fines or otherwise exercise his or her constitutional powers of executive clemency.
(h) The Division of Corrections shall promulgate policies and procedures for developing a rehabilitation treatment plan created with the assistance of a standardized risk and needs assessment. The policies and procedures shall include, but not be limited to, policy and procedures for screening and selecting inmates for rehabilitation treatment and development and use of standardized risk and needs assessment tools. An inmate shall not be paroled solely due to having successfully completed a rehabilitation treatment plan but completion of all the requirements of a rehabilitation parole plan along with compliance with the requirements of subsection (b) of this section shall create a rebuttable presumption that parole is appropriate. The presumption created by this subsection may be rebutted by a Parole Board finding that at the time parole release is sought the inmate still constitutes a reasonable risk to the safety or property of other persons if released. Nothing in subsection (b) of this section or in this subsection may be construed to create a right to parole.
(i) Notwithstanding the provisions of subsection (b) of this section, the Parole Board may, in its discretion, grant or deny parole to an inmate against whom a detainer is lodged by a jurisdiction other than West Virginia for service of a sentence of incarceration, upon a written request for parole from the inmate. A denial of parole under this subsection shall preclude consideration for a period of one year or until the provisions of subsection (b) of this section are applicable.
(j) Where an inmate is otherwise eligible for parole pursuant to subsection (b) of this section but the Parole Board determines that the inmate should participate in an additional program or complete an assigned task or tasks prior to actual release on parole, the board may grant parole contingently, effective upon successful completion of the program or assigned task or tasks, without the need for a further hearing. The Commissioner of Corrections shall provide notice to the Parole Board of the imminent release of a contingently paroled inmate to effectuate appropriate supervision.
(k) The Division of Corrections is charged with the duty of supervising all probationers and parolees whose supervision may have been undertaken by this state by reason of any interstate compact entered into pursuant to the uniform act for out-of-state parolee supervision.
(l)(1) When considering an inmate of a state correctional center for release on parole, the Parole Board panel considering the parole is to have before it an authentic copy of or report on the inmate's current criminal record as provided through the West Virginia State Police, the United States Department of Justice or other reliable criminal information sources and written reports of the warden or superintendent of the state correctional center to which the inmate is sentenced:
(A) On the inmate's conduct record while in custody, including a detailed statement showing any and all infractions of disciplinary rules by the inmate and the nature and extent of discipline administered therefor;
(B) On improvement or other changes noted in the inmate's mental and moral condition while in custody, including a statement expressive of the inmate's current attitude toward society in general, toward the judge who sentenced him or her, toward the prosecuting attorney who prosecuted him or her, toward the policeman or other officer who arrested the inmate and toward the crime for which he or she is under sentence and his or her previous criminal record;
(C) On the inmate's industrial record while in custody which shall include: The nature of his or her work, occupation or education, the average number of hours per day he or she has been employed or in class while in custody and a recommendation as to the nature and kinds of employment which he or she is best fitted to perform and in which the inmate is most likely to succeed when he or she leaves prison;
(D) On physical, mental and psychiatric examinations of the inmate conducted, insofar as practicable, within the two months next preceding parole consideration by the board.
(2) The board panel considering the parole may waive the requirement of any report when not available or not applicable as to any inmate considered for parole but, in every such case, shall enter in the record thereof its reason for the waiver: Provided, That in the case of an inmate who is incarcerated because the inmate has been found guilty of, or has pleaded guilty to a felony under the provisions of section twelve, article eight, chapter sixty-one of this code or under the provisions of article eight-b or eight-c of said chapter, the board panel may not waive the report required by this subsection and the report is to include a study and diagnosis including an on-going treatment plan requiring active participation in sexual abuse counseling at an approved mental health facility or through some other approved program: Provided, however, That nothing disclosed by the person during the study or diagnosis may be made available to any law-enforcement agency, or other party without that person's consent, or admissible in any court of this state, unless the information disclosed indicates the intention or plans of the parolee to do harm to any person, animal, institution or to property. Progress reports of outpatient treatment are to be made at least every six months to the parole officer supervising the person. In addition, in such cases, the Parole Board shall inform the prosecuting attorney of the county in which the person was convicted of the parole hearing and shall request that the prosecuting attorney inform the Parole Board of the circumstances surrounding a conviction or plea of guilty, plea bargaining and other background information that might be useful in its deliberations.
(m) Before releasing any inmate on parole, the board of parole shall arrange for the inmate to appear in person before a Parole Board panel and the panel may examine and interrogate him or her on any matters pertaining to his or her parole, including reports before the board made pursuant to the provisions hereof: Provided, That an inmate may appear by video teleconference if the members of the panel conducting the examination are able to contemporaneously see the inmate and hear all of his or her remarks and if the inmate is able to contemporaneously see each of the members of the panel conducting the examination and hear all of the members' remarks. The panel shall reach its own written conclusions as to the desirability of releasing the inmate on parole and the majority of the panel considering the release shall concur in the decision. The warden or superintendent shall furnish all necessary assistance and cooperate to the fullest extent with the Parole Board. All information, records and reports received by the board are to be kept on permanent file.
(n) The board and its designated agents are at all times to have access to inmates imprisoned in any state correctional center or in any jail in this state and may obtain any information or aid necessary to the performance of its duties from other departments and agencies of the state or from any political subdivision thereof.
(o) The board shall, if so requested by the Governor, investigate and consider all applications for pardon, reprieve or commutation and shall make recommendation thereon to the Governor.
(p) Prior to making a recommendation for pardon, reprieve or commutation and prior to releasing any inmate on parole, the board shall notify the sentencing judge and prosecuting attorney at least ten days before the recommendation or parole.
(q) Any person released on parole shall participate as a condition of parole in the litter control program of the county to the extent directed by the board, unless the board specifically finds that this alternative service would be inappropriate.
(r) Except for the amendments to this section contained in subdivision (4), subsection (b) and subsection (i) of this section the amendments to this section enacted during the 2010 regular session of the Legislature shall become effective on January 1, 2011.;
And,
By striking out the title and substituting therefor a new title to read as follows:
Eng. House Bill No. 2001--A Bill to amend and reenact §62-12- 13 of the Code of West Virginia, 1931, as amended, relating to powers and duties of the board of parole; providing that inmates serving life sentences with possibility of parole may be reconsidered by the parole board anytime within three years of denial of parole; and making technical corrections to the section.
On motion of Senator Unger, the Senate concurred in the foregoing House of Delegates amendments to the Senate amendments to the bill.
Engrossed House Bill No. 2001, as amended, was then 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, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. H. B. No. 2001) passed with its House of Delegates amended title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, 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)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. H. B. No. 2001) takes effect from passage.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

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. 2370--A Bill to amend and reenact §16-1-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-16-4 of said code; and to amend and reenact §30-26-3 of said code; all relating to boards; changing the membership of boards; removing the Commissioner of the Bureau for Public Health from certain boards; removing the requirement that the commissioner provide support to certain boards; and updating the name of certain boards.
Referred to the Committee on Government Organization.
Executive Communications

Senator Kessler (Acting President) laid before the Senate the following communication from His Excellency, the Governor, consisting of executive nominations for appointees:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

January 24, 2011

Senate Executive Message No. 2
TO:The Honorable Members of the
West Virginia Senate
Ladies and Gentlemen:
I respectfully submit the following nominations made by Governor Joe Manchin III between July 21-November 15, 2010 for your advice and consent:
1.For Member, Board of Examiners of Psychologists, Robert Martin, Hamlin, Lincoln County, for the term ending June 30, 2013.
2.For Member, Board of Manufactured Housing Construction and Safety, George Gunnell, Winfield, Putnam County, for the term ending June 30, 2012.
3.For Member, Board of Chiropractic Examiners, Dr. Roger Kritzer, Fairmont, Marion County, for the term ending June 30, 2011.
4.For Member, Board of Chiropractic Examiners, Dr. Barry Stowers, Oak Hill, Fayette County, for the term ending June 30, 2013.
5.For Member, Shepherd University Board of Governors, Veronique Walker, Martinsburg, Berkeley County, for the term ending June 30, 2014.
6.For Member, Shepherd University Board of Governors, Gat Caperton, Shepherdstown, Berkeley County, for the term ending June 30, 2014.
7.For Member, Municipal Pensions Oversight Board, Darren Williams, Morgantown, Monongalia County, for the term ending June 30, 2015.
8.For Member, Municipal Pensions Oversight Board, C. Seth Wilson, Morgantown, Monongalia County, for the term ending June 30, 2012.
9.For Member, Fire Commission, Larry Goodwin, Vienna, Wood County, for the term ending June 30, 2015.
10.For Member, Regional Jail and Correctional Facility Authority, Dr. I. Frank Hartman, Buckhannon, Upshur County, for the term ending June 30, 2013.
11.For Member, Regional Jail and Correctional Facility Authority, Stephen Jory, Elkins, Randolph County, for the term ending June 30, 2013.
12.For Member, Regional Jail and Correctional Facility Authority, Brad Tuckwiller, Lewisburg, Greenbrier County, for the term ending June 30, 2012.
13.For Member, Parkways Authority, Cameron Lewis, Daniels, Raleigh County, for the term ending June 30, 2015.
14.For Member, Water Development Board, Mike Duplaga, Jr., Wheeling, Ohio County, for the term ending June 30, 2016.
15.For Member, Natural Resources Commission, Kenneth Wilson, Chapmanville, Logan County, for the term ending June 30, 2017.
16.For Member, Pierpont Community and Technical College Board of Governors, Dixie Copley, Fairmont, Marion County, for the term ending June 30, 2014.
17.For Member, Pierpont Community and Technical College Board of Governors, James Griffin, Bridgeport, Harrison County, for the term ending June 30, 2014.
18.For Member, Pierpont Community and Technical College Board of Governors, Linda Aman, Jane Lew, Lewis County, for the term ending June 30, 2014.
19.For Member, Pierpont Community and Technical College Board of Governors, Rick Pruitte, Fairmont, Marion County, for the term ending June 30, 2014.
20.For Member, Board of Physical Therapy, Gina Brown, Daniels, Raleigh County, for the term ending June 30, 2015.
21.For Member, Nursing Home Administrators Licensing Board, Beverly Jezioro, Flemington, Taylor County, for the term ending June 30, 2013.
22.For Member, Marshall University Board of Governors, Michael Sellards, Huntington, Cabell County, for the term ending June 30, 2014.
23.For Member, Marshall University Board of Governors, The Honorable Oshel B. Craigo, Winfield, Putnam County, for the term ending June 30, 2014.
24.For Member, Marshall University Board of Governors, Joseph McDonie, Milton, Cabell County, for the term ending June 30, 2014.
25.For Member, Board of Pharmacy, Martin Castleberry, Charleston, Kanawha County, for the term ending June 30, 2013.
26.For Member, Board of Pharmacy, Charles Woolcock, Barboursville, Cabell County, for the term ending June 30, 2014.
27.For Member, Board of Pharmacy, Sam Kapourales, Williamson, Mingo County, for the term ending June 30, 2014.
28.For Member, Board of Pharmacy, Carl Hedrick, Jr., Elkins, Randolph County, for the term ending June 30, 2015.
29.For Member, Parole Board, James Colombo, Parkersburg, Wood County, for the term ending June 30, 2015.
30.For Member, Board of Occupational Therapy, Kathy Quesenberry, Princeton, Mercer County, for the term ending December 31, 2010.
31.For Member, Board of Occupational Therapy, Phillip Simpson, Huntington, Cabell County, for the term ending December 31, 2010.
32.For Member, Board of Professional Surveyors, Anthony Sparacino, Jr., Beckley, Raleigh County, for the term ending June 30, 2012.
33.For Member, Board of Professional Surveyors, Roy Shrewsbury, Beckley, Raleigh County, for the term ending June 30, 2013.
34.For Member, Board of Professional Surveyors, Mark Hornish, Sutton, Braxton County, for the term ending June 30, 2013.
35.For Member, Board of Professional Surveyors, Nelson Douglass, Parkersburg, Wood County, for the term ending June 30, 2014.
36.For Member, Board of Professional Surveyors, R. Michael Shepp, Shepherdstown, Jefferson County, for the term ending June 30, 2011.
37.For Member, West Liberty University Board of Governors, Brian Joseph, Triadelphia, Ohio County, for the term ending June 30, 2014.
38.For Member, West Liberty University Board of Governors, Patrick Kelly, Charleston, Kanawha County, for the term ending June 30, 2012.
39.For Member, Higher Education Policy Commission, Jenny Allen, Shepherdstown, Jefferson County, for the term ending June 30, 2011.
40.For Member, Board of Examiners of Psychologists, Shirley Vinciguerra, Bluefield, Mercer County, for the term ending June 30, 2012.
41.For Member, Parkways Authority Local Committee, John Myers, Scott Depot, Putnam County, to serve at the will and pleasure of the Governor.
42.For Member, Parkways Authority Local Committee, Marty Chapman, Teays, Putnam County, to serve at the will and pleasure of the Governor.
43.For Member, Parkways Authority Local Committee, The Honorable Charles Lanham, Point Pleasant, Mason County, to serve at the will and pleasure of the Governor.
44.For Member, Parkways Authority Local Committee, Lynne Fruth, Point Pleasant, Mason County, to serve at the will and pleasure of the Governor.
45.For Member, Educational Broadcasting Authority, Ellen Spears, Elkins, Randolph County, for the term ending June 30, 2013.
46.For Member, Educational Broadcasting Authority, Karen Stakem, Wheeling, Ohio County, for the term ending June 30, 2015.
47.For Member, Educational Broadcasting Authority, Mark Polen, Charleston, Kanawha County, for the term ending June 30, 2012.
48.For Member, Educational Broadcasting Authority, William File III, Beckley, Raleigh County, for the term ending June 30, 2016.
49.For Member, Northern Community College Board of Governors, Alfred Renzella, Glen Dale, Marshall County, for the term ending June 30, 2012.
50.For Member, Higher Education Policy Commission, David Hendrickson, Charleston, Kanawha County, for the term ending June 30, 2014.
51.For Member, Probable Cause Review Board, Daniel Guida, Weirton, Brooke County, for the term ending June 30, 2012.
52.For Member, Probable Cause Review Board, Michael Kawash, Charleston, Kanawha County, for the term ending June 30, 2011.
53.For Member, Probable Cause Review Board, Reverend James Shepherd, Huntington, Cabell County, for the term ending June 30, 2012.
54.For Member, Consolidated Public Retirement Board, Donald T. Murray, Chester, Hancock County, for the term ending June 30, 2013.
55.For Member, School Building Authority, Eric Lewis, Charles Town, Jefferson County, for the term ending July 31, 2013.
56.For Member, Veterans' Council, Patrick Farrell, Bridgeport, Harrison County, for the term ending June 30, 2016.
57.For Member, West Virginia University -- Parkersburg Board of Governors, Cheryl Donohoe, Ripley, Jackson County, for the term ending June 30, 2014.
58.For Member, West Virginia University -- Parkersburg Board of Governors, Steve Chancey, Ripley, Jackson County, for the term ending June 30, 2012.
59.For Member, Lottery Commission, Roy Shrewsbury II, Beckley, Raleigh County, for the term ending June 30, 2014.
60.For Member, Southern West Virginia Community and Technical College Board of Governors, Kevin Fowler, Muskogee, Oklahoma, for the term ending June 30, 2014.
61.For Member, Southern West Virginia Community and Technical College Board of Governors, Wilma Zigmond, Logan, Logan County, for the term ending June 30, 2014.
62.For Member, Broadband Deployment Council, Ken Arndt, Charleston, Kanawha County, for the term ending December 31, 2011.
63.For Acting Secretary, Department of Revenue, John Musgrave, Point Pleasant, Mason County, to serve at the will and pleasure of the Governor.
64.For Member, Council for Community and Economic Development, Walter Brown, Martinsburg, Berkeley County, for the term ending June 30, 2012.
65.For Member, Board of Registration for Professional Engineers, Leonard Joseph Timms, Jr., Bridgeport, Harrison County, for the term ending June 30, 2015.
66.For Member, Board of Registration for Professional Engineers, Edward Robinson, Charleston, Kanawha County, for the term ending June 30, 2014.
67.For Member, Board of Registration for Professional Engineers, William Pierson, Scott Depot, Putnam County, for the term ending June 30, 2013.
68.For Member, Parkways Authority, Phil Diserio, Follansbee, Brooke County, for the term ending June 30, 2014.
69.For Member, Eastern West Virginia Community and Technical College Board of Governors, Rob Tissue, Moorefield, Hardy County, for the term ending June 30, 2014.
70.For Member, Eastern West Virginia Community and Technical College Board of Governors, Douglas Lambert, Petersburg, Grant County, for the term ending June 30, 2014.
71.For Member, Special Reclamation Fund Advisory Council, Ronald Pauley, Sumerco, Lincoln County, for the term ending June 30, 2012.
72.For Member, Tourism Commission, Joseph Manchin IV, Fairmont, Marion County, for the term ending May 1, 2012.
73.For Member, Tourism Commission, Ronald Marcus, Charles Town, Jefferson County, for the term ending May 1, 2012.
74.For Member, Tourism Commission, Marianne Moran, Fairmont, Marion County, for the term ending May 1, 2011.
75.For Member, Tourism Commission, Walter Brown, Martinsburg, Berkeley County, for the term ending May 1, 2011.
76.For Member, Real Estate Commission, Vaughn Kiger, Morgantown, Monongalia County, for the term ending June 30, 2012.
77.For Member, Real Estate Commission, Kathy Martin, Morgantown, Monongalia County, for the term ending June 30, 2014.
78.For Member, Real Estate Commission, Cheryl Skiles, Charleston, Kanawha County, for the term ending June 30, 2014.
79.For Member, Real Estate Commission, Kathy Zaferatos, Daniels, Raleigh County, for the term ending June 30, 2013.
80.For Member, Board of Banking and Financial Institutions, F. Michael Nelson, St. Marys, Pleasants County, for the term ending June 30, 2016.
81.For Member, Board of Banking and Financial Institutions, Larry Mazza, Bridgeport, Harrison County, for the term ending June 30, 2012.
82.For Member, Board of Banking and Financial Institutions, David Righter, Vienna, Wood County, for the term ending June 30, 2015.
83.For Member, Board of Banking and Financial Institutions, Joe Letnaunchyn, Charleston, Kanawha County, for the term ending June 30, 2014.
84.For Member, Board of Banking and Financial Institutions, Larry Moore, Ceredo, Wayne County, for the term ending June 30, 2014.
85.For Member, Board of Banking and Financial Institutions, Brent Gray, Jodie, Fayette County, for the term ending June 30, 2012.
86.For Member, Blue Ridge Community and Technical College Board of Governors, B. Judson Romine, Charles Town, Jefferson County, for the term ending June 30, 2013.
87.For Member, Bluefield State College Board of Governors, Robert Perkinson, Jr., Bluefield, Mercer County, for the term ending June 30, 2014.
88.For Member, Bluefield State College Board of Governors, Aaron Saunders, Bluefield, Mercer County, for the term ending June 30, 2014.
89.For Member, Bluefield State College Board of Governors, Gloria Stephens, Welch, McDowell County, for the term ending June 30, 2014.
90.For Member, Unemployment Compensation Board of Review, Les Facemyer, Ripley, Jackson County, for the term ending January 1, 2011.
91.For Member, Board of Funeral Service Examiners, Keith Kimball, Franklin, Pendleton County, for the term ending June 30, 2013.
92.For Member, Board of Funeral Service Examiners, Ira Handley, Danville, Boone County, for the term ending June 30, 2011.
93.For Member, School Building Authority, Victor Gabriel, Bridgeport, Harrison County, for the term ending July 31, 2012.
94.For Member, Board of Examiners for Registered Professional Nurses, Ann Bostic, Charleston, Kanawha County, for the term ending June 30, 2015.
95.For Member, Board of Dental Examiners, Dr. C. Richard Gerber, St. Marys, Pleasants County, for the term ending June 30, 2015.
96.For Member, Board of Dental Examiners, Camille Arceneaux, Charleston, Kanawha County, for the term ending June 30, 2012.
97.For Member, Workforce Investment Council, Tom Provost, Belle, Kanawha County, for the term ending June 30, 2012.
98.For Member, Statewide Independent Living Council, Donald Carson, Beckley, Raleigh County, for the term ending June 30, 2013.
99.For Member, Statewide Independent Living Council, Karen Davis, Charleston, Kanawha County, for the term ending June 30, 2013.
100.For Member, Statewide Independent Living Council, LuAnn Decker, New Cumberland, Hancock County, for the term ending June 30, 2013.
101.For Member, Statewide Independent Living Council, Ronald Brown, Charleston, Kanawha County, for the term ending June 30, 2013.
102.For Member, Statewide Independent Living Council, Emily Markle, Morgantown, Monongalia County, for the term ending June 30, 2012.
103.For Member, Statewide Independent Living Council, Jan Lilly-Stewart, Charleston, Kanawha County, for the term ending June 30, 2013.
104.For Member, Statewide Independent Living Council, Vanessa VanGlider, Charleston, Kanawha County, for the term ending June 30, 2013.
105.For Member, Statewide Independent Living Council, Deborah Smith, Charleston, Kanawha County, for the term ending June 30, 2012.
106.For Member, Blue Ridge Community and Technical College Board of Governors, Al Britton, Charles Town, Jefferson County, for the term ending June 30, 2014.
107.For Member, Blue Ridge Community and Technical College Board of Governors, Teresa McCabe, Martinsburg, Berkeley County, for the term ending June 30, 2014.
108.For Member, Blue Ridge Community and Technical College Board of Governors, Tina Combs, Martinsburg, Berkeley County, for the term ending June 30, 2013.
109.For Member, Kanawha Valley Community and Technical College Board of Governors, Donna Adkinson, Charleston, Kanawha County, for the term ending June 30, 2014.
110.For Member, Kanawha Valley Community and Technical College Board of Governors, Ian Burdette, South Charleston, Kanawha County, for the term ending June 30, 2014.
111.For Member, Kanawha Valley Community and Technical College Board of Governors, Janna Inghram, Charleston, Kanawha County, for the term ending June 30, 2014.
112.For Member, Bridgemont Community and Technical College Board of Governors, Jane Harkins, Beckley, Raleigh County, for the term ending June 30, 2014.
113.For Member, Women's Commission, Kameron Miller, Charleston, Kanawha County, for the term ending June 30, 2013.
114.For Member, Women's Commission, Robin Stultz, Weston, Lewis County, for the term ending June 30, 2012.
115.For Member, Women's Commission, Stacy North, Morgantown, Monongalia County, for the term ending June 30, 2012.
116.For Member, Women's Commission, Nancy Sostaric, Berkeley Springs, Morgan County, for the term ending June 30, 2013.
117.For Member, Board of Directors of the West Virginia United Health System, Inc., Mark Nesselroad, Morgantown, Monongalia County, for the term ending October 15, 2016.
118.For Member, Board of Directors of the West Virginia United Health System, Inc., Francisco Perez, Kettering, Ohio, for the term ending October 15, 2016.
119.For Member, Board of Directors of the West Virginia United Health System, Inc., A. Michael Perry, Huntington, Cabell County, for the term ending October 15, 2016.
120.For Member, Board of Medicine, Dr. Kenneth Nanners, Wheeling, Ohio County, for the term ending September 30, 2015.
121.For Member, Glenville State College Board of Governors, Mike Forbes, Charleston, Kanawha County, for the term ending June 30, 2013.
122.For Member, Board of Examiners in Counseling, Dr. Lori Ellison, Hurricane, Putnam County, for the term ending June 30, 2014.
123.For Acting Commissioner, Bureau of Senior Services, Barbara Reynolds, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
124.For Acting Director, Office of Miners' Health, Safety and Training, C. A. Phillips, Pipestem, Summers County, to serve at the will and pleasure of the Governor.
125.For Member, West Virginia State University Board of Governors, The Honorable Larry L. Rowe, Charleston, Kanawha County, for the term ending June 30, 2011.
126.For Member, West Virginia State University Board of Governors, Leon Vincent Williams, Brentwood, Tennessee, for the term ending June 30, 2014.
127.For Member, Board of Education, Dr. William White, Bluefield, Mercer County, for the term ending November 4, 2019.
128.For Member, Investment Management Board of Trustees, Jack Rossi, Charleston, Kanawha County, for the term ending January 31, 2011.
129.For Member, Investment Management Board of Trustees, Steve Smith, Poca, Putnam County, for the term ending January 31, 2016.
130.For Member, Health Care Authority, Sonia Chambers, Huntington, Cabell County, for the term ending March 12, 2013.
131.For Member, Health Care Authority, Marilyn White, Wheeling, Ohio County, for the term ending March 12, 2015.
132.For Member, Health Care Authority, Jim Pitrolo, Charleston, Kanawha County, for the term ending March 12, 2011.
133.For Member, Election Commission, Brent Pauley, Charleston, Kanawha County, for the term ending June 4, 2011.
134.For Member, Children with Autism Trust Board, Denise Campbell, Elkins, Randolph County, for the term ending June 30, 2015.
135.For Member, Children with Autism Trust Board, Dr. Margaret Jaynes, Morgantown, Monongalia County, for the term ending June 30, 2012.
136.For Member, Children with Autism Trust Board, Barbara Becker-Cottrill, Huntington, Cabell County, for the term ending June 30, 2015.
137.For Member, Children with Autism Trust Board, Staci Criswell, Charleston, Kanawha County, for the term ending June 30, 2014.
138.For Member, Children with Autism Trust Board, Dr. Susannah Poe, Fairmont, Marion County, for the term ending June 30, 2015.
139.For Member, Children with Autism Trust Board, Tracy Hunt, Charleston, Kanawha County, for the term ending June 30, 2015.
140.For Member, West Virginia State University Board of Governors, Gary Swingle, Charleston, Kanawha County, for the term ending June 30, 2014.
141.For Member, Real Estate Appraiser Licensing and Certification Board, Dale Clowser, Charleston, Kanawha County, for the term ending June 30, 2013.
142.For Member, Real Estate Appraiser Licensing and Certification Board, Mary Beth Aliveto, Bridgeport, Harrison County, for the term ending June 30, 2013.
143.For Member, Real Estate Appraiser Licensing and Certification Board, Anthony Julian, Fairmont, Marion County, for the term ending June 30, 2011.
144.For Member, Real Estate Appraiser Licensing and Certification Board, Virginia Shaw, New Haven, Mason County, for the term ending June 30, 2013.
145.For Member, Real Estate Appraiser Licensing and Certification Board, Linda York, Fairmont, Marion County, for the term ending June 30, 2012.
146.For Member, Board of Medicine, Dr. Michael Ferrebee, Morgantown, Monongalia County, for the term ending September 30, 2015.
147.For Member, Board of Medicine, Dr. Ahmed Faheem, Daniels, Raleigh County, for the term ending September 30, 2014.
148.For Member, Contractor Licensing Board, Manuel Alvarez, Bridgeport, Harrison County, for the term ending June 30, 2013.
149.For Member, School Building Authority, Tom Lange, Charles Town, Jefferson County, for the term ending July 31, 2013.
150.For Member, School Building Authority, Nicholas Preservati, Charleston, Kanawha County, for the term ending July 31, 2012.
151.For Member, School Building Authority, Robert Holroyd, Princeton, Mercer County, for the term ending July 31, 2012.
152.For Member, Housing Development Fund, Sam Kapourales, Williamson, Mingo County, for the term ending October 30, 2011.
153.For Member, Consolidated Public Retirement Board, Thomas Bradley, Charleston, Kanawha County, for the term ending June 30, 2013.
154.For Member, Board of Examiners for Speech-Language Pathology and Audiology, Joe Richards, Charleston, Kanawha County, for the term ending June 30, 2012.
155.For Member, Board of Treasury Investments, Richard Donovan, Charleston, Kanawha County, for the term ending June 30, 2013.
156.For Member, Consolidated Public Retirement Board, Drema Bias Evans, Beckley, Raleigh County, for the term ending June 30, 2015.
157.For Member, Consolidated Public Retirement Board, Mike Corsaro, Charleston, Kanawha County, for the term ending June 30, 2015.
158.For Member, Consolidated Public Retirement Board, Andrew Richardson, Charleston, Kanawha County, for the term ending June 30, 2015.
159.For Member, Board of Examiners for Registered Professional Nurses, Dr. Mary Elizabeth Farmer, Beckley, Raleigh County, for the term ending June 30, 2015.
160.For Member, Shepherd University Board of Governors, Dr. Marcia Brand, Martinsburg, Berkeley County, for the term ending June 30, 2014.
161.For Member, Public Energy Authority Board, The Honorable Mike Ross, Coalton, Randolph County, for the term ending June 30, 2012.
162.For Director and Chief Hearing Examiner, Office of Administrative Hearings within the Department of Transportation, John G. Hackney, Jr., Charleston, Kanawha County, for the term ending June 30, 2016.
Notice of these appointments was previously provided by Governor Joe Manchin III to the appropriate legislative staff at the time the appointments were made.
Sincerely,
Earl Ray Tomblin,
Governor.
Which communication was received and referred to the Committee on Confirmations.
On motion of Senator Edgell, consideration of the nominations immediately hereinbefore reported was made a special order of business for Saturday, March 12, 2011, at 11 a.m.
The Senate proceeded to the fourth order of business.
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. 15, Providing one-time bonus to certain public employee and teacher annuitants.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance, with an amendment from the Committee on Pensions pending.
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. 71, Making child neglect creating substantial risk of bodily harm a misdemeanor.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 71 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §61-8D-4 of the Code of West Virginia, 1931, as amended, relating to creating the misdemeanor offense for child neglect by a parent, guardian or custodian which creates a substantial risk of bodily injury; penalties; and exceptions.

With the recommendation that the committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 80 (originating in the Committee on Health and Human Resources), Excusing breast-feeding women from jury duty; making accommodations therefor.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 80 (originating in the Committee on the Judiciary)--A Bill
to amend and reenact §52-1- 8 of the Code of West Virginia, 1931, as amended, relating to redefining the basis for disqualification of prospective jurors to include those who have been convicted of any crime punishable by imprisonment in excess of one year or any crime involving dishonesty or false statement, regardless of the punishment; creating exceptions thereto excusing women who are breast-feeding from jury duty upon request; and requiring reasonable accommodations for breast-feeding juror upon request if she chooses to serve.
With the recommendation that the committee substitute for committee substitute 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 Minard, D. Facemire, Wells and Kessler (Acting President):
Senate Bill No. 246--A Bill to amend and reenact §18C-7-3 of the Code of West Virginia, 1931, as amended, relating to including Salem International University as an eligible institution and modifying provisions regarding the higher education institutions that are eligible to continue to receive PROMISE scholarship funds.
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. 247--A Bill to amend and reenact §11-15-8d of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-15-9n, all relating to consumers sales and service tax and use tax; specifying that effective on July 1, 2011, restrictions on exemptions by a construction contractor do not apply for certain purchases of primary material handling equipment, racking and racking systems and their components, nor do these restrictions on exemptions apply to purchases of building materials and certain tangible personal property if the purchaser of contracting services would be entitled to claim a newly created exemption; specifying exemption for certain purchases of primary material handling equipment, racking and racking systems and their components, building materials and certain tangible personal property; specifying the application for certification of exemption and plan describing investment to be made; specifying application and plan filing date; specifying treatment of late filings and untimely filings of application and plan; specifying loss of exemption if investment is not made within the expansion period; defining terms; specifying exclusions and limitations for qualified warehouses and distribution facilities; specifying exclusions and disqualifications for failure to meet statutory criteria and requirements; specifying over-the-counter sales restrictions; specifying manufacturing, fabrication and assembly restrictions; specifying statute of limitations; specifying issuance of assessments against the purchaser of contracting services entitled to the newly created exemption and not against a contractor who relied in good faith upon validity of an exemption; specifying that the taxpayer first pay to the vendor the tax and then apply to the State Tax Commissioner for a refund or credit; and alternative use of the direct pay permit number.
Referred to the Committee on Economic Development; and then to the Committee on Finance.
By Senators Kessler (Acting President), Snyder, Browning, Yost, Foster, Plymale, McCabe and Klempa:
Senate Bill No. 248--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13BB-1, §11-13BB-2, §11-13BB-3, §11-13BB-4, §11-13BB-5 and §11-13BB-6; and to amend and reenact §22-11-8 of said code, all relating to coal slurry disposal; establishing a corporate net income tax credit for developing alternative technologies for disposal of coal slurry; and prohibiting new permits and modifications and renewals of existing permits for underground injection of coal slurry.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators McCabe, Browning, Unger, Jenkins, Foster, Wells, Stollings, Klempa, Miller and Kessler (Acting President):
Senate Bill No. 249--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13BB-1, §11-13BB-2, §11-13BB-3, §11-13BB-4, §11- 13BB-5, §11-13BB-6, §11-13BB-7, §11-13BB-8 and §11-13BB-9; and to amend said code by adding thereto a new section, designated §11-24-9d, all relating to taxation; providing a phased-in allowance of credits against corporation net income tax and personal income tax for payments in this state of ad valorem property tax on certain industrial tangible personal property consisting of machinery and equipment; and allowing a transitional credit against the portion of a taxpayer's corporation net income tax relating to the change to combined reporting, with the amount of the credit being measured by the taxpayer's payments in this state of ad valorem property tax on certain industrial tangible personal property consisting of machinery and equipment.
Referred to the Committee on Economic Development; and then to the Committee on Finance.
By Senators Miller, Unger, Laird, Sypolt and Klempa:
Senate Bill No. 250--A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended, relating to making it a felony to drive a vehicle while under the influence of alcohol, controlled substance or other drug that causes serious bodily injury to another person; and establishing penalties for first and subsequent violations of certain provisions.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senators Kessler (Acting President) and Hall (By Request of the Executive):
Senate Bill No. 251--A Bill to amend and reenact §18A-3-1a of the Code of West Virginia, 1931, as amended, relating to alternative principal and teacher certification; authorizing alternative principal and teacher certification programs; defining certain terms; setting forth procedures for approving alternative education programs by education providers; providing for alternative certification and instructional requirements; establishing eligibility standards; setting forth certain requirements for training and induction; providing criteria for recommendations and decisions affecting rehiring and hiring; requiring certain legislative rules and State Board of Education approval for alternative principal and teacher certification; and making technical corrections and removing obsolete provisions throughout.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Minard, Jenkins and Kessler (Acting President):
Senate Bill No. 252--A Bill to amend and reenact §33-48-7b of the Code of West Virginia, 1931, as amended, relating to expanding eligibility for subsidies to enrollees in the model health plan for uninsurable individuals.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senators Minard and Jenkins:
Senate Bill No. 253--A Bill to amend and reenact §33-27-2, §33-27-2a, §33-27-3, §33-27-4, §33-27-5, §33-27-6, §33-27-7, §33-27-9, §33-27-11 and §33-27-14 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §33-27-3a and §33-27-6a, all relating to insurance holding company systems; defining terms; excluding certain investments from determination of adequacy of surplus; requiring notice and other information with regard to divestiture or acquisition of a controlling interest; changing public hearing requirements; providing standards for review of acquisition request by commissioner; establishing process for consolidated hearings; providing standards and procedures for certain acquisitions not otherwise covered; expanding types of information that may be demanded and reviewed by the commissioner; providing for establishment of supervisory colleges; providing additional confidentiality measures; and authorizing emergency rules.
Referred to the Committee on Banking and Insurance.
By Senators Kessler (Acting President) and Hall (By Request of the Executive):
Senate Bill No. 254--A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2011, to the West Virginia Development Office - Community Development, fund 8746, fiscal year 2011, organization 0307, and to Division of Human Services - Energy Assistance, fund 8755, fiscal year 2011, organization 0511, by supplementing and amending the appropriations for the fiscal year ending June 30, 2011.
Referred to the Committee on Finance.
By Senators Kessler (Acting President) and Hall (By Request of the Executive):
Senate Bill No. 255--A Bill making a supplementary appropriation of federal funds from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2011, to a new item of appropriation designated to the Governor's Office, fund 8742, fiscal year 2011, organization 0100, to the Department of Education and the Arts - State Board of Rehabilitation - Division of Rehabilitation Services, fund 8734, fiscal year 2011, organization 0932, to the Department of Health and Human Resources - West Virginia Health Care Authority, fund 8851, fiscal year 2011, organization 0507, to the Department of Health and Human Resources - Division of Human Services, fund 8722, fiscal year 2011, organization 0511, and to the Department of Transportation - Public Port Authority, fund 8830, fiscal year 2011, organization 0806, by supplementing and amending Chapter 8, Acts of the Legislature, Regular Session, 2010, known as the Budget Bill.
Referred to the Committee on Finance.
By Senators Beach, Jenkins, Miller, Nohe, Klempa and Barnes:
Senate Bill No. 256--A Bill to amend and reenact §15-12-10 of the Code of West Virginia, 1931, as amended, relating to requiring sex offenders to verify their e-mail and other online identities in the same way as they register their physical addresses.
Referred to the Committee on the Judiciary.
By Senators Beach, Williams and Kessler (Acting President):
Senate Bill No. 257--A Bill to amend and reenact §50-1-8 of the Code of West Virginia, 1931, as amended, relating to adding an additional magistrate court clerk to Monongalia County.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Snyder, Kessler (Acting President), Browning, Foster, Laird, Yost, Beach, Plymale, McCabe and Klempa:
Senate Bill No. 258--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-6A-1, §22-6A-2, §22-6A-3, §22-6A-4, §22-6A-5, §22-6A-6, §22-6A-7, §22-6A-8, §22-6A-9, §22-6A-10, §22-6A-11, §22-6A-12, §22-6A-13, §22-6A-14, §22-6A-15, §22-6A-16, §22-6A-17, §22-6A-18, §22-6A-19, §22-6A-20, §22-6A-21, §22-6A-22, §22-6A-23, §22-6A-24, §22-6A-25, §22-6A-26, §22-6A-27, §22-6A-28, §22-6A-29, §22-6A-30, §22-6A-31, §22-6A-32, §22-6A-33, §22-6A-34, §22-6A-35, §22-6A-36, §22-6A-37, §22-6A-38, §22-6A-39, §22-6A-40, §22-6A-41, §22-6A-42, §22-6A-43, §22-6A-44, §22-6A-45, §22-6A-46 and §22-6A- 47, all relating to regulating the construction and operation of gas wells utilizing hydraulic fracturing and horizontal drilling; providing declaration of public policy and legislative findings; providing for applicability; defining terms; granting Secretary of Department of Environmental Protection certain powers and duties; establishing permit requirements and permit fees; requiring erosion and sediment control plan; providing for a water pollution control permit and terms and conditions; requiring compliance with other state and federal programs; requiring Division of Highways approval of well road access; requiring notice to property owners; providing for receipt and consideration of comments from affected persons; providing permit application requirements; establishing erosion and sediment control plan requirements; providing plat survey requirements; providing opportunity to object to plat design by others with interest in property; providing for issuance of permit; requiring bond prior to receipt of permit and establishing bonding amounts and conditions for release; establishing well location restrictions and exceptions thereto; establishing agency requirements for permit issuance; providing notice of permit issuance; establishing inspection authority and process for notice, opportunity of abatement and enforcement of violations; providing notice and review process for orders and findings of the secretary; providing site restoration requirements; establishing well design and casing requirements and for inspections and approval thereof; providing for protection of water supplies; requiring reporting, monitoring and recordkeeping of fracturing chemicals; providing surface impoundment and pit requirements; requiring performance bonds or other security for each well; establishing time frames and other conditions relating to reclamation of well sites; providing water management plans for use of water resources in fracturing process; providing for objections to proposed drilling location; providing for cement casings around coal seams; requiring wells be plugged upon completion of use and establishing notice and processes related thereto; establishing special requirements for plugging around coal seams; providing for casings to protect fresh water; establishing reporting and documentation requirements; establishing methods of plugging; establishing notice and other requirements before entry upon surface lands; providing for notice of surface use and mediation agreements on surface use; establishing requirements for surface use and compensation agreements; providing for an appeal process to Environmental Quality Board; establishing special fund for permitting and permit modification fees; creating special reclamation fund; creating offenses for violations of this act and rules promulgated thereunder; providing for declaration of notice to owners and lessees of coal seams; and preempting local authority to regulate these operations and providing exceptions thereto.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Foster:
Senate Bill No. 259--A Bill to amend and reenact §15-2-31 of the Code of West Virginia, 1931, as amended; and to amend and reenact §15-2A-11 of said code, all relating to payment of physical disability and/or mental disability examinations approved by the Consolidated Public Retirement Board under the State Police Death, Disability and Retirement plan and the West Virginia State Police Retirement System.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Beach, Klempa, Unger, Foster, Edgell, Miller and Snyder:
Senate Bill No. 260--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-14-15, relating to establishing the offense of unlawful use of a wireless communication device while operating a motor vehicle on a street or highway; providing exceptions and conditions for certain lawful uses; definitions; and misdemeanor criminal penalties upon conviction.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senators Kessler (Acting President) and Hall (By Request of the Executive):
Senate Bill No. 261--A Bill to amend and reenact §3-10-2 of the Code of West Virginia, 1931, as amended, relating to filling a vacancy in the office of Governor; revising contingencies creating a vacancy in the office of Governor to comport with the West Virginia Constitution; providing that new elections to fill a vacancy in the office of Governor shall consist of special primary and special general elections; providing that the new election to fill a vacancy shall occur at a time to allow a newly elected individual to assume office within one year of the date the vacancy occurred; providing that provisions relating to special general election do not affect political party creation; prescribing time frames for when new election must take place, including special primary election to nominate candidates to be voted for at a special general election; providing the time frame for the person acting as Governor to issue proclamations to set the new election; removing provision requiring vacancies to be filled at general elections deemed unconstitutional; requiring person acting as Governor to issue proclamation to fix date for new election, including date for special primary election; removing provisions related to utilizing conventions to nominate candidates; requiring the state to pay costs incurred in connection with a special election to fill a vacancy in the office of Governor; providing mechanism to fill vacancy in the office of Governor that occurred on November 15, 2010, by utilizing special primary election and special general election; requiring the person acting as Governor to issue a proclamation setting a special primary election to be held on June 20, 2011, in addition to the new election proclaimed by the person acting as Governor issued January 21, 2011; providing provisions to apply to special primary and special general election to be held in 2011; requiring the proclamations issued by the person acting as Governor to be published in each county prior to the special primary and special general elections; providing that the provisions of the law relating to elections shall apply to the special general election and special primary election unless inconsistent with section; modifying certain statutory time periods relating to declaration of candidacy; modifying procedures relating to payment of filing fees and drawing of ballot positions; clarifying the eligibility of certain minors to vote in special primary election; modifying statutory provisions relating to minimum number of ballots to be printed; providing that polling places shall not be changed except for emergency situations; providing that constitutionally required redistricting to have no effect until after new election in 2011 is complete; modifying procedures for persons without party affiliations to nominate candidates for the special general election; authorizing the Secretary of State to issue administrative orders and to establish procedures and deadlines necessary to preserve voting rights, avoid fraudulent voting and other election irregularities and assure orderly and efficient administration of the new election; providing for the expiration of the provisions applying to the new election pursuant to the vacancy created on November 15, 2010; and requiring Secretary of State to report to Joint Committee on Government and Finance and establishing guidelines for the report.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Sypolt and Prezioso:
Senate Bill No. 262--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §2-1-3, relating to making English the official language of West Virginia.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Beach and Klempa:
Senate Bill No. 263--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17A-6-10d, relating to special plates for the testing of vehicles operated by nonprofit corporations engaged in research and development of motor vehicles; special fuels or equipment for motor vehicles; requiring written records be kept; prohibiting bonding; requiring vehicles to be insured; and exempting the vehicles from safety inspections, but requiring the vehicles to be safe.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Beach, Snyder, Laird, Yost, Green and Williams:
Senate Bill No. 264--A Bill to amend and reenact §17-22-4 of the Code of West Virginia, 1931, as amended, relating to outdoor advertising signs containing numerical displays composed of lights or movable components that change no more often than once every twenty-four hours.
Referred to the Committee on the Judiciary.
By Senators Palumbo, Barnes, Laird and Plymale:
Senate Bill No. 265--A Bill to amend and reenact §62-12-17 of the Code of West Virginia, 1931, as amended, relating to terms and conditions of release upon parole.
Referred to the Committee on the Judiciary.
By Senators Snyder, Edgell, Plymale, Miller and Laird:
Senate Bill No. 266--A Bill to amend and reenact §11-22-2 of the Code of West Virginia, 1931, as amended, relating to authorizing the real property transfer tax collected by the state to be paid to the counties; and providing this be accomplished incrementally over a five-year period.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Minard and McCabe:
Senate Bill No. 267--A Bill to amend and reenact §31-17-12 of the Code of West Virginia, 1931, as amended, relating to the Commissioner of Banking's imposition of a fine or penalty on residential mortgage brokers and lenders; increasing the maximum amount of a fine or penalty that may be imposed from $1000 per day to $2000 per day for each violation; providing that each day, excluding Sundays and holidays, that an unlicensed person holds himself or herself out to the general public as a mortgage lender or broker constitutes a separate violation; and removing the need for prior notification from the commissioner before a fine or penalty may be assessed for unlicensed activity.
Referred to the Committee on Banking and Insurance.
By Senators Laird, Foster, Kessler (Acting President) and Yost:
Senate Bill No. 268--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17B-3-14, relating to motor vehicle driver's licenses; establishing a driver's license restoration program; making legislative findings; and granting rule-making authority.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Laird, Stollings, Snyder, Williams and Yost:
Senate Bill No. 269--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12j, relating to creating a personal income tax deduction for persons who may choose to spay or neuter their pets.
Referred to the Committee on Finance.
By Senators Laird, Snyder and Foster:
Senate Bill No. 270--A Bill to amend and reenact §5A-1A-4 of the Code of West Virginia, 1931, as amended, relating to increasing the maximum cash award the Employee Suggestion Award Board may make; requiring the board to report to the Legislature every five years regarding effect of inflation; and allowing the Governor to make a secondary award for suggestions if the suggestion is implemented in one or more additional state agencies.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Beach and Williams:
Senate Bill No. 271--A Bill to amend and reenact §22-1-9 of the Code of West Virginia, 1931, as amended, relating to the Environmental Protection Advisory Council generally; increasing the membership of the council to nine members; specifying represented organizations and entities; and making certain procedural changes in board activities.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Kessler (Acting President) and Hall (By Request of the Executive):
Senate Bill No. 272--A Bill to amend and reenact §7-11B-3, §7- 11B-4, §7-11B-7, §7-11B-8, §7-11B-9, §7-11B-10, §7-11B-17 and §7- 11B-22 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Tax Increment Financing Act; revising definitions relating to governing bodies of counties and municipalities; adding definition for "municipality"; adding remediation of property to definition of "development or "redevelopment project"; redefining "project costs" to include remediation costs for landfills, former coal mining sites, solid waste facilities or hazardous waste sites; defining "remediation"; requiring the Director of the Development Office to provide the Legislature with an itemized list of applications seeking approval of development and redevelopment districts along with a status explanation of applications on dates certain; clarifying municipalities' power to utilize tax increment financing and to finance project costs by other means; clarifying that municipalities are not required to seek approval when amending project plans if the project is not enlarged or the total amount of indebtedness increased; providing that development or redevelopment districts shall not be terminated so long as tax increment financing obligations remain outstanding; clarifying the time when bonds may be refunded or refinanced and when refunding bonds may be issued in principal amounts; and providing technical corrections.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on Finance.
By Senators Kessler (Acting President) and Hall (By Request of the Executive):
Senate Bill No. 273--A Bill to amend and reenact §5-5-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §15-2-5 of said code; to amend and reenact §18A-4-2 and §18A-4-8a of said code; and to amend and reenact §20-7-1c of said code, all relating to providing a one-time, nonbase-building supplemental salary increase for all eligible state employees, members of the West Virginia State Police, teachers, service personnel and conservation officers who are employed on dates certain; providing the conditions under which and the date the salary supplement shall be paid; and making technical corrections.
Referred to the Committee on Finance.
Senators Browning, Unger, Jenkins, Foster, Wells, Plymale, McCabe, Kessler (Acting President), Stollings, Prezioso, Miller, Laird, Snyder, Williams, Sypolt and Barnes offered the following resolution:
Senate Resolution No. 12--Designating January 25, 2011, as "Local Economic Development Appreciation Day" at the Legislature.
Whereas, Economic development efforts increase business prosperity and generate wealth, thereby improving the tax base to support government; and
Whereas, Economic developers work to diversify the state and local economies, provide job opportunities for semi-skilled, skilled and educator workers and provide economic stability; and
Whereas, Local economic development efforts often act as a catalyst in attracting new job creation and private investment; and
Whereas, Local economic development organizations are the facilitators of ground level action teams; and
Whereas, Local economic development professionals act as a liaison at the local level to the various community, regional, state and federal programs for local and prospective businesses; and
Whereas, The West Virginia Economic Development Council incorporated in 1994, and was created to promote a unified program of economic development across the state through local and regional economic development organizations; and
Whereas, Economic development activity impacts not only the economic welfare of the state and its subdivisions, but also touches the lives of all state residents; therefore, be it
Resolved by the Senate:
That the Senate hereby designates January 25, 2011, as "Local Economic Development Appreciation Day" at the Legislature; and, be it
Further Resolved, That the Senate recognizes and appreciates the efforts of local economic developers to help grow and stabilize local economies in West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of Local Economic Development Appreciation Day.
At the request of Senator Browning, 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. 10, Designating March 30 annually "West Virginia Vietnam Veterans Recognition Day".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Military.
The Senate proceeded to the eleventh order of business and the introduction of guests.
On motion of Senator Unger, a leave of absence for the day was granted Senator Tomblin (Mr. President).
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Unger, the Senate adjourned until tomorrow, Wednesday, January 26, 2011, at 11 a.m.
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