Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home
SENATE (2011)(RS):| Bills Introduced | Bill History | Topical Index | Committee Schedule | Calendar | Journal | Menu |

Senate Journal



Day 1
Day 2
Day 3
Day 6
Day 7
Day 8
Day 9
Day 10
Day 13
Day 14
Day 15
Day 16
Day 17
Day 20
Day 21
Day 22
Day 23
Day 24
Day 27
Day 28
Day 29
Day 30
Day 31
Day 34
Day 35
Day 36
Day 37
Day 38
Day 41
Day 42
Day 43
Day 44
Day 45
Day 48
Day 49
Day 50
Day 51
Day 52
Day 55
Day 56
Day 57
Day 58
Day 59
Day 60
Day 61
Day 62
Day 63
Day 64
Day 65
Day 66
sdj-15th day
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.
____________

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature **