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WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2011
FIFTEENTH DAY
____________
Charleston, W. Va., Wednesday, January 26, 2011
The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)
Prayer was offered by the Reverend Dennis Sparks, Executive
Director, West Virginia Council of Churches, Charleston, West
Virginia.
Jessica Webb, Michael Chapman, Exavier Brown, Maliha Whitten,
Kalia Dailey and Simone Easley of the Clay Center for the Arts and
Sciences then proceeded in the playing of a medley of songs on the
violin.
Pending the reading of the Journal of Tuesday, January 25,
2011,
On motion of Senator Green, 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 and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2075--A Bill to amend and
reenact §8-13-4 of the Code of West Virginia, 1931, as amended,
relating to a municipal business license; providing a municipality
with two options as to establishing a municipal business license;
creating a multipurpose municipal business license; permitting the
municipality to charge a tax for the multipurpose municipal
business license.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2345--A Bill to amend and reenact §5-16-4
of the Code of West Virginia, 1931, as amended, relating to
replacing a citizen member with a municipal or county
representative on the Public Employees Insurance Agency Finance
Board.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2521--A Bill to amend and reenact §48-27-
311 of the Code of West Virginia, 1931, as amended, relating to
prevention and treatment of domestic violence; and eliminating the
requirement of serving domestic violence orders by certified mail to expedite service and eliminating delays in conducting final
hearings.
Referred to the Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
Senator Stollings, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 63, Extending number of prohibited products
included in definition of "salvia divinorum."
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 63 (originating in the Committee
on Health and Human Resources)--A Bill to amend and reenact
§60A-1-101 of the Code of West Virginia, 1931, as amended; and to
amend and reenact §60A-2-201 and §60A-2-204 of said code, all
relating to defining key terms; modifying the authority of the
Board of Pharmacy to add or delete substances to the schedules of
controlled substances or reschedule substances; and adding
synthetic cannabinoids and synthetic cocaine-like substances to the
Schedule I list of controlled substances.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on the Judiciary.
Respectfully submitted,
Ron Stollings,
Chair.
The bill (Com. Sub. for S. B. No. 63), under the original
double committee reference, was then referred to the Committee on
the Judiciary.
Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 123, Authorizing Ethics Commission promulgate
legislative rule relating to forms.
Senate Bill No. 124, Authorizing Governor's Committee on
Crime, Delinquency and Correction promulgate legislative rule
relating to law-enforcement training standards.
Senate Bill No. 125, Authorizing Governor's Committee on
Crime, Delinquency and Correction promulgate legislative rule
relating to protocol for law-enforcement response to domestic
violence.
Senate Bill No. 144, Authorizing Insurance Commissioner
promulgate legislative rule relating to self-insurance pools for
political subdivisions.
Senate Bill No. 167, Authorizing Board of Physical Therapy
promulgate legislative rule relating to general provisions.
Senate Bill No. 169, Authorizing Board of Physical Therapy
promulgate legislative rule relating to general provisions for
athletic trainers.
Senate Bill No. 178, Authorizing Board of Veterinary Medicine promulgate legislative rule relating to organization and operation
and licensing of veterinarians.
And,
Senate Bill No. 179, Authorizing Board of Veterinary Medicine
promulgate legislative rule relating to registration of veterinary
technicians.
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,
Herb Snyder,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Beach, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 134, Authorizing Commissioner of Highways
promulgate legislative rule relating to Community Empowerment
Transportation Act Program.
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 the Judiciary.
Respectfully submitted,
Robert D. Beach,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary, with an amendment
from the Committee on Transportation and Infrastructure pending.
Senator Beach, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 135, Authorizing Commissioner of Highways
promulgate legislative rule relating to use of state road
rights-of-way and adjacent areas.
Senate Bill No. 136, Authorizing Commissioner of Highways
promulgate legislative rule relating to transportation of hazardous
wastes upon roads and highways.
And,
Senate Bill No. 153, Authorizing DMV promulgate legislative
rule relating to Motor Vehicle Inspection Manual.
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,
Robert D. Beach,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 139, Authorizing Insurance Commissioner
promulgate legislative rule relating to long-term care insurance.
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 the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary, with an amendment
from the Committee on Banking and Insurance pending.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 140, Authorizing Insurance Commissioner
promulgate legislative rule relating to actuarial opinion and
memorandum.
Senate Bill No. 141, Authorizing Insurance Commissioner
promulgate legislative rule relating to property and casualty
actuarial opinions.
Senate Bill No. 142, Authorizing Insurance Commissioner
promulgate legislative rule relating to credit life insurance,
credit accident and sickness insurance and credit unemployment
insurance.
Senate Bill No. 143, Authorizing Insurance Commissioner
promulgate legislative rule relating to credit personal property.
Senate Bill No. 145, Authorizing Insurance Commissioner
promulgate legislative rule relating to valuation of life insurance
companies.
Senate Bill No. 146, Authorizing Insurance Commissioner
promulgate legislative rule relating to recognition of preferred
mortality tables for use in determining minimum reserve
liabilities.
Senate Bill No. 147, Authorizing Insurance Commissioner
promulgate legislative rule relating to professional employer
organizations.
And,
Senate Bill No. 148, Authorizing Insurance Commissioner
promulgate legislative rule relating to health maintenance
organization point-of-service option.
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,
Joseph M. Minard,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Stollings, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 163, Authorizing Board of Osteopathy
promulgate legislative rule relating to osteopathic physician
assistants.
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 the Judiciary.
Respectfully submitted,
Ron Stollngs,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary, with an amendment
from the Committee on Health and Human Resources pending.
Senator Stollings, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 165, Authorizing Board of Pharmacy promulgate
legislative rule relating to licensure and practice of pharmacy.
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 the Judiciary.
Respectfully submitted,
Ron Stollings,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary, with an amendment
from the Committee on Health and Human Resources pending.
Senator Stollings, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 166, Authorizing Board of Pharmacy promulgate
legislative rule relating to controlled substances monitoring.
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 the Judiciary.
Respectfully submitted,
Ron Stollings,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary, with an amendment
from the Committee on Health and Human Resources pending.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 200, Correctly naming West Liberty University.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 200 (originating in the
Committee on Education)--A Bill to amend and reenact §18B-2A-1 of
the Code of West Virginia, 1931, as amended, relating to correcting
names of state institutions of higher education.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Prezioso, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Education.
Senator Beach, from the Committee on Transportation, submitted
the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Concurrent Resolution No. 2, Requesting DOH name County
Routes 1 and 3 "Glen Rogers Coal Miner Memorial Highway".
And has amended same.
And reports the same back with the recommendation that it be
adopted, as amended.
Respectfully submitted,
Robert D. Beach,
Chair.
Senator Beach, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Concurrent Resolution No. 3, Requesting DOH name bridge
in Pendleton County "Korean War Veterans Bridge".
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Robert D. Beach,
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, McCabe and Plymale:
Senate Bill No. 274--A Bill to amend and reenact §31A-2-8 of
the Code of West Virginia, 1931, as amended, relating to the
Commissioner's Assessment and Examination Fund; allowing the
Commissioner of Banking to assess state banking institutions
quarterly rather than on a semiannual basis by establishing additional assessment dates on April 1 and October 1; and providing
that the Commissioner of Banking shall prepare and send bank
assessments by March 15 and September 15.
Referred to the Committee on Banking and Insurance.
By Senators Foster and Beach:
Senate Bill No. 275--A Bill to amend and reenact §30-7-12 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §30-7A-9 of said code, all relating to exempting care of
the sick from nursing licensing provisions when the nonmedical care
is provided in connection with the practice of the religious tenets
of any church or religious organization by or for its members.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Kessler (Acting President), Unger, Jenkins,
Plymale, Green, Minard, Nohe and Klempa:
Senate Bill No. 276--A Bill to amend and reenact §60A-1-101 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§60A-2-204 of said code; to amend and reenact §60A-4-402 and §60A-
4-407 of said code; and to amend and reenact §61-7-7 of said code,
all relating to criminalizing sale and use of synthetic
cannabinoids; defining terms; including synthetic cannabinoids in
Schedule I drugs and other substances; establishing penalties;
providing for conditional discharge for first offense of
possession; and providing that persons convicted of possession of
synthetic cannabinoid are not prohibited from possessing a firearm.
Referred to the Committee on the Judiciary.
By Senators Palumbo, McCabe, Jenkins, Foster, Minard, Nohe and
Klempa:
Senate Bill No. 277--A Bill to amend and reenact §11-1C-9 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §11-3-1 of said code, all relating to limiting the amount
a property reappraisal can increase over the previous amount.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Kessler (Acting President), Laird, Fanning, Unger,
Foster, Stollings, Miller, Nohe, Klempa, Beach and Williams:
Senate Bill No. 278--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-2-14g; and to amend and reenact §61-2-28 of said
code, all relating to the creation of a misdemeanor crime of
unlawful restraint called Celena's Law.
Referred to the Committee on the Judiciary.
By Senators Foster, Unger, D. Facemire, Minard and Klempa:
Senate Bill No. 279--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §25-6A-1, §25-6A-2, §25-6A-3, §25-6A-4, §25-6A-5, §25-
6A-6 and §25-6A-7, all relating to authorizing circuit courts to
sentence nonviolent felony offenders to work camps; establishing
work camps for that purpose; providing definitions; determining
eligibility; policy; reporting requirements; sunset provisions; and
providing for liberal construction of article.
Referred to the Committee on the Judiciary.
By Senators Plymale, Barnes, Foster, Wells and Beach:
Senate Bill No. 280--A Bill to amend and reenact §18A-2-6,
§18A-2-7 and §18A-2-8a of the Code of West Virginia, 1931, as
amended, all relating to changing certain deadlines associated with
the termination and resignation of service personnel, transfer of
school personnel and rehiring of probationary employees.
Referred to the Committee on Education.
By Senators Barnes, Klempa, Hall, Boley, Fanning, Jenkins,
Palumbo, Nohe, Unger, McCabe, Stollings, Plymale and Minard:
Senate Bill No. 281--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-3C-14c, relating to making it a crime to put certain
types of invasive software on mobile devices; providing penalties;
and providing exceptions.
Referred to the Committee on the Judiciary.
By Senators Beach, Snyder, Laird, Yost, Green, Foster,
Browning, McCabe, Plymale, D. Facemire, Minard, Klempa, Williams
and Kessler (Acting President):
Senate Bill No. 282--A Bill to amend and reenact §17-2D-2 and
§17-2D-5 of the Code of West Virginia, 1931, as amended, all
relating to continuing the pilot Highway Design-Build Program.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Laird, Miller, Stollings, Unger, Jenkins, Foster,
Plymale, Klempa, Yost and Kessler (Acting President):
Senate Bill No. 283--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article,
designated §61-12A-1, §61-12A-2, §61-12A-3 and §61-12A-4, all
relating to the creation of the Unintentional Pharmaceutical Drug
Overdose Fatality Review Team; setting forth membership of the
team; setting forth responsibilities of the team; requiring the
examination and provision of preventative education in cases that
involve unintentional pharmaceutical drug overdose deaths;
requiring other state agencies to cooperate with the team; and
granting rule-making authority.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Miller, Hall, Browning, Wills, Plymale, Williams
Kessler (Acting President):
Senate Bill No. 284--A Bill to amend and reenact §3-5-17 of
the Code of West Virginia, 1931, as amended, relating to changing
the date of the canvassing of votes in a primary election from the
Friday following a primary election to the Monday following a
primary election.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
Senators Foster, Palumbo, McCabe, Wells, Browning, K.
Facemyer, Hall, Unger, Fanning, Jenkins, Stollings, Plymale, D.
Facemire, Snyder, Green, Minard, Nohe, Beach, Williams, Yost and
Kessler (Acting President) offered the following resolution:
Senate Resolution No. 13--Recognizing the statewide
contributions of the Clay Center for the Arts and Sciences of West Virginia.
Whereas, The Clay Center opened its doors on July 13, 2003, as
one of only three venues in the country to combine science, visual
and performing arts in one facility; and
Whereas, The Clay Center generates more than $1.2 million in
state and local government revenue; and
Whereas, The Clay Center's Juliet Museum is West Virginia's
only interactive science museums in the West Virginia with a
permanent art collection; and
Whereas, More than fifty thousand students from fifty West
Virginia counties and twenty-one counties in surrounding states
have benefitted from the Clay Center's science and arts programs;
and
Whereas, More than six hundred fifty West Virginia students
have received free instruments and music lessons through the Clay
Community Arts program; and
Whereas, Through physical outreach presentations and virtual
distance learning programs, close to three thousand students from
across the state have visited the Clay Center without ever leaving
the classroom; and
Whereas, Board certified and master's level teachers develop
curriculum for Clay Center performances, exhibits and programs; and
Whereas, Through the Access to Excitement program, more than
sixty low-income families receive discounted memberships to the
Clay Center, enabling parents to provide their children with
engaging, educational experiences; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the statewide contributions
of the Clay Center for the Arts and Sciences of West Virginia; and,
be it
Further Resolved, That the Senate acknowledges the
contributions of the Clay Center for the Arts and Sciences
throughout the state of West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate representatives from
the Clay Center for the Arts and Sciences.
At the request of Senator Foster, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Unger, and by unanimous
consent, the remarks by Senator Foster regarding the adoption of
Senate Resolution No. 13 were ordered printed in the Appendix to
the Journal.
On motion of Senator Unger, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Unger, unanimous consent being granted,
returned to the fourth order of business.
Senator Stollings, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 285 (originating in the Committee on Health
and Human Resources)--A Bill to amend and reenact §16-5W-5 of the
Code of West Virginia, 1931, as amended, relating to extending the
time frame in which West Virginia practitioners must write
prescriptions on official West Virginia tamper-resistant
prescription paper.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Ron Stollings,
Chair.
On motion of Senator Stollings, the bill (S. B. No. 285)
contained in the preceding report from the Committee on Health and
Human Resources was then referred to the Committee on the
Judiciary.
The Senate proceeded to the sixth order of business which
agenda includes the making of main motions.
Senator Chafin moved that the Senate recall from the House of
Delegates
Eng. House Bill No. 2001 Providing that inmates serving life
sentences shall be considered for parole only once every three
years.
Passed by the Senate on yesterday, Tuesday, January 25, 2011.
Following discussion,
The question being on the adoption of Senator Chafin's
aforestated motion, and on the this question, Senator Fanning demanded the yeas and nays.
The roll being taken, the yeas were: Barnes, Boley, Chafin,
Fanning, Hall, Helmick, Jenkins, Nohe and Sypolt--9.
The nays were: Beach, Browning, Edgell, D. Facemire, K.
Facemyer, Foster, Green, Klempa, Laird, McCabe, Miller, Minard,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger,
Wells, Williams, Wills, Yost and Kessler (Acting President)--24.
Absent: Tomblin (Mr. President)--1.
So, a majority of those present and voting not having voted in
the affirmative, the Acting President declared Senator Chafin's
aforestated motion had not prevailed.
Thereafter, at the request of Senator Boley, and by unanimous
consent, the remarks by Senator Chafin regarding the adoption of
his motion to recall Engrossed House Bill No. 2001 from the House
of Delegates were ordered printed in the Appendix to the Journal.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 71, Making child neglect
creating substantial risk of bodily harm a misdemeanor.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Com. Sub. for Senate Bill No. 80, Redefining
basis for disqualification of prospective jurors.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
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, Thursday, January 27, 2011, at 11 a.m.
____________
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