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sdj-16th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2011

SIXTEENTH DAY

____________

Charleston, W. Va., Thursday, January 27, 2011

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

Prayer was offered by the Reverend Dick Corbin, Interim Pastor, First Baptist Church, Chapmanville, West Virginia.
Pending the reading of the Journal of Wednesday, January 26, 2011,
On motion of Senator Stollings, 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 Clerk presented a communication from the Board of Veterinary Medicine, submitting its biennial report for fiscal years 2009 and 2010 as required by chapter thirty, article one, section twelve of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Kessler (Acting President) presented a communication from the Legislative Rule-Making Review Committee, submitting its annual report, in accordance with chapter twenty-nine-a, article three, section twelve of the code of West Virginia.
Which report was received and filed with the Clerk.
The Senate 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. House Bill No. 2402--A Bill to amend and reenact §29B-1-2 of the Code of West Virginia, 1931, as amended, relating to redefining the term "public record" as it is used in the Freedom of Information Act.
Referred to the Committee on the Judiciary.
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. 2438--A Bill to amend and reenact §3-1-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-4-18 and §3-4-19 of said code; and to amend and reenact §3-4A-9 and §3-4A-20 of said code, all relating to independent voters; defining independent voters; and reforming conflicts in voting procedures.
Referred to the Committee on the Judiciary.
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. 2475--A Bill to amend and reenact §29B-1-4 of the Code of West Virginia, 1931, as amended, relating to including certain records of the Division of Juvenile Services in the exemptions from disclosure under the Freedom of Information Act.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2556--A Bill to amend and reenact §18A-2-3 of the Code of West Virginia, 1931, as amended, relating to resetting the expiration date of provisions that allow the employment of retired teachers as substitutes beyond the post- retirement employment limit in certain circumstances; and requiring certain additional information to be reported to the Consolidated Retirement Board and the State Board of Education, and included in the state board's report to Legislative Oversight Commission on Education Accountability.
Referred to the Committee on Education; and then to the Committee on Finance.
The Senate proceeded to the fourth order of business.
Senator Wells, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 1, Designating Dec. 7 WV Patriots of World War II Day.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 1 (originating in the Committee on Military)--
A Bill to amend and reenact §2-2-1a of the Code of West Virginia, 1931, as amended, relating to observing the week in which December 7 falls as a special memorial week to be known as Pearl Harbor and Military Appreciation week; and directing the State Department of Education to implement a program involving students which recognizes the contributions made by West Virginians in the United States military .
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,
Erik P. Wells,
Chair.
The bill (Com. Sub. for S. B. No. 1), under the original double committee reference, was then referred to the Committee on Finance.
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. 93, Relating to escape from custody of Division of Juvenile Services.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
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. 105, Authorizing Board of Barbers and Cosmetologists promulgate legislative rule relating to procedures, criteria and curricula for examinations and licensure of barbers, cosmetologists, manicurists and aestheticians.
And has amended same.
Senate Bill No. 106, Authorizing Board of Barbers and Cosmetologists promulgate legislative rule relating to qualifications, training and examination of licensure of instructors.
And has amended same.
And,
Senate Bill No. 107, Authorizing Board of Barbers and Cosmetologists promulgate legislative rule relating to operational standards for schools of barbering and beauty culture.
And has amended same.
And reports the same back with the recommendation that they each do pass, as amended; 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, with amendments from the Committee on Government Organization pending.
Senator Yost, from the Committee on Labor, submitted the following report, which was received:
Your Committee on Labor has had under consideration
Senate Bill No. 149, Authorizing Division of Labor promulgate legislative rule relating to Elevator Safety Act.
Senate Bill No. 150, Authorizing Division of Labor promulgate legislative rule relating to supervision of elevator mechanics and apprentices.
And,
Senate Bill No. 152, Authorizing Division of Labor promulgate legislative rule relating to Crane Operator Certification Act--practical examination.
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,
Jack Yost,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
Senator Yost, from the Committee on Labor, submitted the following report, which was received:
Your Committee on Labor has had under consideration
Senate Bill No. 151, Authorizing Division of Labor promulgate legislative rule relating to Crane Operator Certification Act.
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,
Jack Yost,
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 Labor pending.
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. 157, Authorizing Board of Optometry promulgate legislative rule relating to rules of the board.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Herb Snyder,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Wells, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 184, Relating to disposition of remains of military service member who dies while serving in military.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Erik P. Wells,
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 Military.
Senator Wells, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 185, Relating to unemployment benefits for certain spouses of military personnel.
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,
Erik P. Wells,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance, with an amendment from the Committee on Military pending.
Senator Jenkins, from the Committee on Interstate Cooperation, submitted the following report, which was received:
Your Committee on Interstate Cooperation has had under consideration
Senate Bill No. 189, Creating Interstate Compact on Education Opportunity for Military Children Act.
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,
Evan H. Jenkins,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance, with an amendment from the Committee on Interstate Cooperation 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. 192, Protecting consumers from price gouging and unfair pricing practices.
And reports the same back with the recommendation that it 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
Senate Bill No. 213, Relating to crimes using computers, telephones and electronic devices.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 213 (originating in the Committee on the Judiciary)--A Bill
to amend and reenact §61-3C-14a of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-8-16 of said code, all relating to crimes using computers, telephones and electronic devices; creating offenses for the unlawful transmission of obscene, anonymous, harassing and threatening communications and data by mobile phone, personal digital assistant or similarly functioning devices; clarifying provisions pertaining to unlawful obscene, anonymous, harassing and threatening communications by voice communication by telephone; and establishing penalties.
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
Senate Bill No. 216, Expanding definition "imminent danger to physical well-being of a child".
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 216 (originating in the Committee on the Judiciary)--A Bill
to amend and reenact §49-1-3 of the Code of West Virginia, 1931, as amended, relating to modifying the definition of "imminent danger to the physical well-being of a child" with regard to child abuse and neglect to include alcohol and substance abuse on the part of the parent, guardian or custodian.
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
Senate Bill No. 220, Creating Uniform Real Property Electronic Recording Act.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Corey Palumbo,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
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, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 286--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Administration to promulgate a legislative rule relating to state-owned vehicles.
Referred to the Committee on Government Organization; then to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 287--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to licensed retailer operations.
Referred to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 288--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to the licensing of retail outlets.
Referred to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 289--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction and major modification of major stationary sources of air pollution for the prevention of significant deterioration.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 290--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from the combustion of solid waste.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 291--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to explosives and blasting.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 292--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to surface mining reclamation.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 293--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Election Commission to promulgate a legislative rule relating to the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program.
Referred to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 294--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to emergency medical services.
Referred to the Committee on Health and Human Resources; then to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 295--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to emergency medical services.
Referred to the Committee on Health and Human Resources; then to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 296--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Optometry to promulgate a legislative rule relating to oral pharmaceutical prescriptive authority.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 297--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Optometry to promulgate a legislative rule relating to injectable pharmaceutical agents certificate.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 298--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Racing Commission to promulgate a legislative rule relating to thoroughbred racing.
Referred to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 299--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Racing Commission to promulgate a legislative rule relating to greyhound racing.
Referred to the Committee on Economic Development; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 300--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Racing Commission to promulgate a legislative rule relating to pari-mutuel wagering.
Referred to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 301--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Treasurer's Office to promulgate a legislative rule relating to the establishment of imprest funds.
Referred to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Boley, Nohe and Green:
Senate Bill No. 302--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-20-26, relating to creating "Dutch's Law" to honor fallen law-enforcement canines and their law-enforcement handlers.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Williams, Miller, Wills, Sypolt and Klempa:
Senate Bill No. 303--A Bill to amend and reenact §19-20-14, §19-20-15, §19-20-16, §19-20-17 and §19-20-18 of the Code of West Virginia, 1931, as amended, all relating to adding captive cervids to the list of animals protected from dogs which can result in the authorized killing of a dog by one observing a dog chasing or harming the identified animal.
Referred to the Committee on the Judiciary.
By Senators Beach, Klempa and Unger:
Senate Bill No. 304--A Bill to amend and reenact §17A-4-10 of the Code of West Virginia, 1931, as amended, relating to vehicles scraped, compressed, dismantled or destroyed; providing an additional means to notify the division; prescribing form; and providing for the use of additional brands used by other jurisdictions that are consistent with the National Motor Vehicle Title Information System.
Referred to the Committee on Transportation and Infrastructure.
By Senators Miller, Wills and Klempa:
Senate Bill No. 305--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-28-1, §11-28-2, §11-28-3, §11-28-4, §1l-28-5, §11- 28-6, §11-28-7, §11-28-8 and §11-28-9, all relating to authorizing a local option food and beverage tax for counties and municipalities; providing definitions; collection of the tax and uses; providing exemptions; providing that wrongful and fraudulent use of funds constitutes embezzlement subject to criminal penalties; providing for apportionment of taxes when a business is located partially within two or more local jurisdictions; and providing a severability clause.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Barnes, Green, Helmick, Sypolt and Williams:
Senate Bill No. 306--A Bill to amend and reenact §7-4-1 of the Code of West Virginia, 1931, as amended, relating to requiring prosecuting attorneys who elect to carry a concealed firearm to receive certification to carry a concealed firearm nationwide as provided in the federal Law-Enforcement Officers Safety Act of 2004.
Referred to the Committee on the Judiciary.
By Senators Kessler (Acting President), Hall, Unger, Jenkins, Plymale, Foster, Minard, Prezioso, McCabe, Stollings, Browning, Palumbo, Green, Beach, Boley, Nohe, K. Facemyer, Sypolt, Barnes, Wells and Klempa:
Senate Bill No. 307--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §51-1B-1, §51-1B-2, §51-1B-3, §51-1B-4, §51-1B-5, §51-1B-6, §51-1B-7, §51-1B-8, §51-1B-9, §51-1B-10, §51-1B-11, §51-1B-12, §51-1B-13 and §51-1B-14, all relating to authorizing a new court to be known as the Intermediate Court of Appeals; and delineating the structure and duties thereof.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Foster:
Senate Bill No. 308--A Bill to amend and reenact §5-10-2, §5- 10-18, §5-10-21, §5-10-24, §5-10-25, §5-10-44 and §5-10-48 of the Code of West Virginia, 1931, as amended, all relating to the Public Employees Retirement System; clarifying the definition of "compensation" for purposes of calculating required contributions to the system; clarifying when membership in the system terminates and how membership may be reinstated; providing that individuals first hired after July 1, 2011, must have at least five years of contributory service to retire under the "rule of eighty"; making technical corrections to the provision governing annuity options; requiring retirants changing annuity options to certify that no final divorce decree or other court order prohibits the same; making technical corrections to the provision governing disability retirement; clarifying that correction of errors provision applies to both employer errors and errors of the system's administrative body; providing that the correction of an error with respect to a retirant may be prospective only; providing for system of reimbursement of mistaken contributions that ensures the plan's continued qualified status; and making technical correction to the definition of "regular full-time employment" in provision governing reemployment of retirees.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Foster, Wells and McCabe:
Senate Bill No. 309--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-27; to amend said code by adding thereto a new section, designated §33-15-22; and to amend said code by adding thereto a new section, designated §33-16-18, all relating to requiring individual and group health insurance providers and the West Virginia Public Employees Insurance Agency to offer wellness programs with incentives for participation.
Referred to the Committee on Banking and Insurance; then to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Kessler (Acting President), Unger and Klempa:
Senate Bill No. 310--A Bill to amend and reenact §21A-5-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §21A-6-1 and §21A-6-3 of said code, all relating to permitting certain part-time employees to be eligible for unemployment compensation benefits; permitting employees who have left employment due to being victims of domestic violence, sexual assault or stalking to be eligible for unemployment compensation benefits; permitting employees who have left employment to care for disabled or ill immediate family members to be eligible for unemployment compensation benefits; and permitting employees who have left employment due to the work-related transfer or relocation of a spouse to be eligible for unemployment compensation benefits.
Referred to the Committee on Labor; and then to the Committee on Finance.
By Senators Foster, Beach, Palumbo, Unger, Wells, McCabe and Stollings:
Senate Bill No. 311--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5B-18, relating to the designation of hospitals as primary stroke centers.
Referred to the Committee on Health and Human Resources.
By Senators Kessler (Acting President) and Klempa:
Senate Bill No. 312--A Bill to amend and reenact §5-10-25 of the Code of West Virginia, 1931, as amended, relating to the Public Employees Retirement System; and preventing reduction of disability pensions at age sixty-five.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Kessler (Acting President) and Stollings:
Senate Bill No. 313--A Bill to amend and reenact §19-14-5 of the Code of West Virginia, 1931, as amended, relating to providing moneys from an additional commercial feed distributor fee assessed to commercial feed distributors to fund a statewide spay and neuter program; and creating the Spay Neuter Assistance Fund.
Referred to the Committee on Agriculture; and then to the Committee on Finance.
By Senators Kessler (Acting President), Edgell, Beach and Klempa:
Senate Bill No. 314--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17C-17C-1, §17C-17C-2, §17C-17C-3, §17C-17C-4, §17C- 17C-5 and §17C-17C-6, all relating to creation of the Temporary Natural Gas Resources Transportation Road System; providing legislative findings; creating regulatory program; defining certain terms; requiring Division of Highways to establish vehicle weight and size limits for public highways, including natural gas resource transportation roads; providing for temporary designation of natural gas resource transportation roads; requiring certification of natural gas permitting areas by the Department of Environmental Protection to Division of Highways; requiring exchange of certain information between agencies; requiring certain road signs; providing for toll-free telephone line for public reporting of poor driving or violations; authorizing the Public Service Commission to administer the special permit program and to enforce this article; authorizing Public Service Commission to inspect certain trucking records; requiring study and report on commercial vehicle safety- related issues; authorizing emergency and legislative rules to effectuate purposes of the article; authorizing the Public Service Commission to issue permits and establish training and other requirements; authorizing Division of Highways to issue permits and establish certain requirements; requiring all natural gas well owners to obtain permit; providing that natural gas well owners are responsible for contractors; providing that all natural gas well owners in an area are responsible for the cost of road maintenance and repair; providing for suspension, revocation and modification of permits; providing for cease and desist orders in the interest of public safety; requiring accident reporting; and creating penalties for failing to report accidents.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Kessler (Acting President), Unger and Plymale:
Senate Bill No. 315--A Bill to amend and reenact §29-22-18a of the Code of West Virginia, 1931, as amended, relating to designating $10 million of the State Excess Lottery Revenue Fund for the funding of high school and middle school athletics.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Kessler (Acting President), Unger, Jenkins, Foster, Stollings and Miller:
Senate Bill No. 316--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated §5I-1-1, §5I-1-2, §5I-1-3, §5I-1-4, §5I-1-5, §5I-1-6, §5I-1-7, §5I-1-8, §5I-1-9, §5I-1-10 and §5I-1-11, all relating to the codification of the West Virginia Partnership to Promote Community Well-Being; duties and powers; membership; date by which members must be appointed by the Governor; reporting dates; creation of fund; operative dates; designation of partnership as repository of data related to substance abuse; and rule-making authority.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Kessler (Acting President), Unger, Edgell, Browning and Klempa:
Senate Bill No. 317--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31D-16-1621, relating to the disclosure of corporate political activities to shareholders, the Secretary of State and the public.
Referred to the Committee on the Judiciary.
By Senators Kessler (Acting President), Unger and Klempa:
Senate Bill No. 318--A Bill to amend and reenact §5-15-4 of the Code of West Virginia, 1931, as amended, relating to requiring that handicap restroom facilities and stalls in all public places be constructed with two handrails or grab bars to accommodate persons in wheelchairs and other persons who need assistance.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Kessler (Acting President) and Unger:
Senate Bill No. 319--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, all relating to establishing a tax credit for medical providers who provide services at no charge to free health clinics in the state; setting the amount of tax credit; and authorizing the Tax Commissioner to promulgate rules.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Kessler (Acting President), Plymale and Hall:
Senate Bill No. 320--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2B-15; and to amend and reenact §57-5-11 of said code, all relating to requiring certain governmental entities and circuit courts to retain and preserve biological material for possible DNA testing that is gathered in the investigation or prosecution of a criminal case for the period of time that a defendant remains incarcerated in connection with that case; and establishing criminal penalties.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Kessler (Acting President), Wells, Jenkins, Edgell, Miller, Wills and Klempa:
Senate Bill No. 321--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-15-22; to amend said code by adding thereto a new section, designated §33-16-18; and to amend said code by adding thereto a new section, designated §33-16D-17, all relating to requiring health insurers to provide full coverage for the prevention, early detection, diagnosis and treatment of autism spectrum disorder.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Kessler (Acting President), Plymale, Laird, Beach, Wills and Klempa:
Senate Bill No. 322--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-1D-1, relating to the agreement among states to elect the President by national popular vote.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Klempa, Yost, Edgell, Kessler (Acting President), Jenkins and Nohe:
Senate Bill No. 323--A Bill to amend and reenact §60A-4-406 of the Code of West Virginia, 1931, as amended, relating to increasing the period of ineligibility for parole for people convicted of the felony offense of distribution of a controlled substance in the proximity of students awaiting, boarding or exiting a school bus.
Referred to the Committee on Education; and then to the Committee on the Judiciary.
By Senators Laird and Unger:
Senate Bill No. 324--A Bill to amend and reenact §27-5-1, §27-5-2 and §27-5-4 of the Code of West Virginia, 1931, as amended, all relating to mentally ill persons; involuntary hospitalization; duties of sheriff; including the President of the West Virginia Sheriffs' Association in the development and proposal of a statewide system for evaluation and adjudication of mental hygiene petitions; and providing that the Department of Health and Human Resources shall reimburse the county commission for deposit into the sheriff's budget for expenses incurred in hearings conducted under the article.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Palumbo, Laird and Klempa:
Senate Bill No. 325--A Bill to amend and reenact §62-12-17 of the Code of West Virginia, 1931, as amended, relating to permitting a parolee who was convicted of a crime against a child to petition a court for a modification to the condition that he or she not live with or have visitation rights with that child; and that before the modification can be approved the parolee must demonstrate the modification is in the best interests of the child.
Referred to the Committee on the Judiciary.
By Senators Sypolt, Unger, Wells, Browning and Beach:
Senate Bill No. 326--A Bill to amend and reenact §36-3-5a of the Code of West Virginia, 1931, as amended, relating to estates and property; form and effect of deeds and contracts; and requiring easements and right-of-way instruments for roads, pipelines, power lines, telephone lines or other manners of communications or public uses to allow inclusion of the use and installation of a fiber-optics communication conduit, or whatever current or state- of-the-art communication conduit that is being employed at the time of the creation of the easement or right-of-way.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senators Jenkins, Plymale, Nohe and Klempa:
Senate Bill No. 327--A Bill to amend and reenact §61-2-12 of the Code of West Virginia, 1931, as amended, relating to the criminal offenses of robbery and attempted robbery; making it a crime to rob or attempt to rob a person under the pretense of having a deadly weapon; and increasing certain criminal penalties.
Referred to the Committee on the Judiciary.
By Senators Beach, Klempa and Plymale:
Senate Bill No. 328--A Bill to amend and reenact §17E-1-3, §17E-1-6, §17E-1-9, §17E-1-10, §17E-1-11, §17E-1-12, §17E-1-13, §17E-1-17 and §17E-1-20 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §17E-1-14a, all relating to the issuance, disqualification, suspension and revocation of driver's licenses and privilege to operate a commercial motor vehicle; adding definitions; creating the offense of operating a commercial motor vehicle while texting; providing penalties and exceptions; providing civil penalties for motor carriers who require or allow a driver to operate a commercial motor vehicle while texting; providing that a driver is disqualified from operating a commercial motor vehicle upon conviction for operating a commercial motor vehicle when texting; clarifying that out-of-service orders may pertain to a driver, commercial motor vehicle or a motor carrier operation; providing that the licensed driver accompanying a driver holding an instruction permit must be alert and unimpaired; adding additional certifications to the application and the face of a commercial driver's license; providing for additional requirements related to maintenance and verification of medical certification status; and prohibiting the division from issuing or renewing a commercial driver's license to a person who does not possess a valid medical certification status.
Referred to the Committee on Transportation and Infrastructure; then to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Prezioso, D. Facemire, Unger, Plymale, McCabe and Klempa:
Senate Bill No. 329--A Bill to amend and reenact §11-15B-2, §11-15B-2a, §11-15B-24 and §11-15B-32 of the Code of West Virginia, 1931, as amended, all relating to the administration of sales and use tax generally; adding new definitions; clarifying present definitions; incorporating changes to the Streamlined Sales and Use Tax Agreement; adding a computer software maintenance contract as a Streamlined Sales and Use Tax Agreement; relieving seller of tax liability in certain instances; and providing new effective dates.
Referred to the Committee on Finance.

Senators Klempa, Yost, Edgell, Kessler (Acting President), Wells, Plymale, McCabe and Beach offered the following resolution:
Senate Concurrent Resolution No. 11--Authorizing
the placement of a statue of the Honorable Francis Harrison Pierpont in Independence Hall in Wheeling, West Virginia.
Whereas, Francis Harrison Pierpont was born near Morgantown and grew up in Western Virginia in what is today Marion County and was linked with the region's history for the rest of his life; and
Whereas, Francis Harrison Pierpont graduated from Allegheny College and taught school in Virginia and Mississippi while also studying law. He was admitted to the bar in 1841 and became the local attorney for the Baltimore and Ohio Railroad in 1848; and
Whereas, Prior to entering politics Francis Harrison Pierpont also helped found Fairmont Male and Female Seminary, the forerunner to Fairmont State University; and
Whereas, Francis Harrison Pierpont was an active supporter of Abraham Lincoln and became involved in politics as an outspoken opponent of Virginia's secession from the Union. When Virginia seceded and entered the war, delegates from the northern and northwestern counties of Virginia, which refused to join the Confederacy, met at the Wheeling Convention. These counties established a separate government in Wheeling with Governor Pierpont becoming the provisional governor; and
Whereas, Francis Harrison Pierpont headed the "restored government of Virginia" that drafted a new Virginia Constitution and sent representatives to the Union Congress. In 1862, he attended the Loyal War Governors' Conference in Altoona, Pennsylvania, which ultimately backed Abraham Lincoln's Emancipation Proclamation and the continued Union war effort; and
Whereas, Under Francis Harrison Pierpont's leadership, the Wheeling government called for a popular vote on the question of the creation of a new separate state. Popular approval was overwhelming and an application was subsequently made to Congress, which also approved the issue. The new state took the name West Virginia and was admitted into the Union on June 20, 1863; and
Whereas, Francis Harrison Pierpont became governor of the "restored" state of Virginia, comprising the several Northern Virginia, Norfolk area, and eastern shore counties under Union control. The capitol of the restored state was established in Alexandria for the remainder of the Civil War. At the end of the war in 1865, President Andrew Johnson appointed Governor Pierpont as the provisional governor of the reunited state of Virginia; and
Whereas, Francis Harrison Pierpont followed a policy of forgiveness to those politicians who had served in the Confederate military and government and became one of the key figures in the Virginia Constitutional Convention of 1867-1868, which resulted in the "Underwood Constitution" of 1869; and
Whereas, Francis Harrison Pierpont subsequently served one term in the West Virginia House of Delegates in 1870 and his last public office was as collector of Internal Revenue under President James Garfield. After his retirement Governor Pierpont helped create the West Virginia Historical Society before dying in Pittsburgh, Pennsylvania on March 24, 1899. Today he rests at the Woodlawn Cemetery in Fairmont beside his wife Julia and three of his four children; and
Whereas, Francis Harrison Pierpont is known as the "Father of West Virginia" and in recognition of his significance to our state history, in 1910 the state donated a marble statue of Pierpont as our second contribution to the United States Capitol's National Statuary Hall Collection; therefore, be it
Resolved by the Legislature of West Virginia:
That the State Senate hereby authorizes the placement of a statue of the Honorable Francis Harrison Pierpont in Independence Hall in Wheeling, West Virginia; and, be it
Further Resolved, That the statue is to be permanently placed in Independence Hall in Wheeling, West Virginia in gratitude for
his service to the State of West Virginia and our great nation.

(Senator Kessler, Acting President, in the Chair.)

Which, under the rules, lies over one day.
Senators Palumbo, Unger, Browning, Prezioso, K. Facemyer, McCabe, D. Facemire, Hall, Wells, Jenkins, Plymale, Edgell, Foster, Nohe, Yost, Williams, Beach, Green, Laird, Stollings, Klempa and Kessler (Acting President) offered the following resolution:
Senate Resolution No. 14--Designating January 27, 2011, as "West Virginia Press Association Day".
Whereas, The West Virginia Press Association was founded in June 1869, at which time there were fifty-two newspapers in publication in the Mountain State; and
Whereas, Today the West Virginia Press Association represents 24 daily and 62 weekly newspapers in publication in the Mountain State; and
Whereas, The exercise of a free press is fundamental to a democratic society and the West Virginia Press Association promotes the highest standards of journalism and respects the duty of a free press to responsibly report the events and happenings of our state to the public; and
Whereas, The West Virginia Press Association is dedicated to the proposition that an active press committed to freedom of opinion and expression to impart ideas and information to the public is vital to democracy in West Virginia; and
Whereas, The West Virginia Press Association encourages collegiality, cooperation and fraternal good fellowship among members of the newspaper industry as a means of reinforcing the fundamental principles of a responsible free press; therefore, be it
Resolved by the Senate:
That the Senate hereby designates January 27, 2011, as "West Virginia Press Association Day"; and, be it
Further Resolved, That his eternal presence will remind others of what one man, so dedicated, caring and confident, can do in the service of his fellow men and women; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia Press Association.
At the request of Senator Unger, 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, at the request of Senator Unger, unanimous consent being granted, returned to the second order of business and the introduction of guests.
The Senate then proceeded to the seventh order of business.
Senate Concurrent Resolution No. 2, Requesting DOH name County Routes 1 and 3 "Glen Rogers Coal Miner Memorial Highway".
On unfinished business, coming up in regular order, was reported by the Clerk.
The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
On page two, in the first Resolved clause, after "3" by inserting a comma and the words "excluding that section of County Route 1 between mile posts 4.62 and 4.84,";
And,
By striking out the title and substituting therefor a new title, to read as follows:
Senate Concurrent Resolution No. 2--Requesting the Division of Highways name County Routes 1 and 3, excluding that section of County Route 1 between mileposts 4.62 and 4.84, between Jesse and Glen Rogers in Wyoming County the "Glen Rogers Coal Miner Memorial Highway".
The question being on the adoption of the resolution, as amended, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 3, Requesting DOH name bridge in Pendleton County "Korean War Veterans Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 71, Making child neglect creating substantial risk of bodily harm a misdemeanor.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 80,
Redefining basis for disqualification of prospective jurors.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 200, Correcting names of state institutions of higher education.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Unger, the Senate adjourned until tomorrow, Friday, January 28, 2011, at 11 a.m.
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