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sdj-17th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2011

SEVENTEENTH DAY

____________

Charleston, W. Va., Friday, January 28, 2011

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

Prayer was offered by the Reverend William Carl Thomas, Rector, St. Matthews Episcopal Church, Charleston, West Virginia.
Pending the reading of the Journal of Thursday, January 27, 2011,
On motion of Senator Boley, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2525--A Bill to repeal §30-30-8a of the Code of West Virginia, 1931, as amended; to amend and reenact §30-30-1, §30-30-2, §30-30-3, §30-30-4, §30-30-5, §30-30-6, §30-30-7, §30-30-8, §30-30-9, §30-30-10, §30-30-11 and §30-30-12 of said code; and to amend said code by adding thereto seventeen new sections, designated §30-30-13, §30-30-14, §30-30-15, §30-30-16, §30-30-17, §30-30-18, §30-30-19, §30-30-20, §30-30-21, §30-30-22, §30-30-23, §30-30-24, §30-30-25, §30-30-26, §30-30-27, §30-30-28 and §30-30-29, all relating to the practice of social work; prohibiting the practice of social work without a license; defining terms; providing for board composition; setting forth the powers and duties of the board; clarifying rulemaking authority; continuing a special revenue account; establishing license requirements; providing for licensure for persons licensed in another state; establishing renewal requirements; providing permit requirements; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; and providing criminal penalties.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
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. 63, Relating to the Board of Pharmacy and controlled substances.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 108, Authorizing Board of Barbers and Cosmetologists promulgate legislative rule relating to schedule of fees.
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,
Roman W. Prezioso, Jr.,
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 Finance pending.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 111, Authorizing Consolidated Public Retirement Board promulgate legislative rule relating to Public Employees Retirement System.
Senate Bill No. 112, Authorizing Consolidated Public Retirement Board promulgate legislative rule relating to refund, reinstatement, retroactive service, loan and employer error interest factors.
Senate Bill No. 113, Authorizing Consolidated Public Retirement Board promulgate legislative rule relating to State Police.
Senate Bill No. 159, Authorizing Board of Optometry promulgate legislative rule relating to schedule of fees.
Senate Bill No. 164, Authorizing Board of Osteopathy promulgate legislative rule relating to fees for services rendered by board.
Senate Bill No. 168, Authorizing Board of Physical Therapy promulgate legislative rule relating to fees for physical therapists and physical therapist assistants.
And,
Senate Bill No. 170, Authorizing Board of Physical Therapy promulgate legislative rule relating to fees for athletic trainers.
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,
Roman W. Prezioso, Jr.,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
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. 194, Establishing Marshall University Forensic Science Center as state lab for DNA testing.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 194 (originating in the Committee on Education)--A Bill to amend and reenact §15-2B-3 and §15-2B-5 of the Code of West Virginia, 1931, as amended, all relating to authorizing the West Virginia State Police enter into agreements with the Marshall University Forensic Science Center for testing offender samples for CODIS, criminal paternity cases or identification of human remains for the Office of the Chief Medical Examiner using nuclear DNA technology.
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.
The bill (Com. Sub. for S. B. No. 194), 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
Senate Bill No. 261, Providing for special primary and general election to fill vacancy in office of Governor.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 261 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §3-10-2 of the Code of West Virginia, 1931, as amended, relating to filling a vacancy in the office of Governor; revising contingencies creating a vacancy in the office of Governor to comport with the West Virginia Constitution; providing that new elections to fill a vacancy in the office of Governor shall consist of special primary and special general elections; providing that the new election to fill a vacancy shall occur at a time to allow a newly elected individual to assume office within one year of the date the vacancy occurred; providing that provisions relating to special general election do not affect political party creation; prescribing time frames for when new election must take place, including special primary election to nominate candidates to be voted for at a special general election; providing the time frame for the person acting as Governor to issue proclamations to set the new election; removing provision requiring vacancies to be filled at general elections deemed unconstitutional; requiring person acting as Governor to issue proclamation to fix date for new election, including date for special primary election; removing provisions related to utilizing conventions to nominate candidates; requiring the state to pay costs incurred in connection with a special election to fill a vacancy in the office of Governor; providing mechanism to fill vacancy in the office of Governor that occurred on November 15, 2010, by utilizing special primary election and special general election; requiring the person acting as Governor to issue a proclamation setting a special primary election to be held on June 20, 2011, in addition to the new election proclaimed by the person acting as Governor issued January 21, 2011; providing provisions to apply to special primary and special general election to be held in 2011; requiring the proclamations issued by the person acting as Governor to be published in each county prior to the special primary and special general elections; providing that the provisions of the law relating to elections shall apply to the special general election and special primary election unless inconsistent with section; modifying certain statutory time periods relating to declaration of candidacy; modifying procedures relating to payment of filing fees and drawing of ballot positions; clarifying the eligibility of certain minors to vote in special primary election; modifying statutory provisions relating to minimum number of ballots to be printed; providing that polling places shall not be changed except for emergency situations; providing that constitutionally required redistricting to have no effect until after new election in 2011 is complete; modifying procedures for persons without party affiliations to nominate candidates for the special general election; authorizing the Secretary of State to issue administrative orders and to establish procedures and deadlines necessary to preserve voting rights, avoid fraudulent voting and other election irregularities and assure orderly and efficient administration of the new election; authorizing early voting for the special primary; providing for the expiration of the provisions applying to the new election pursuant to the vacancy created on November 15, 2010; and requiring Secretary of State to report to Joint Committee on Government and Finance and establishing guidelines for the report.
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,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 261) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, 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 Plymale, Wells, Jenkins, Foster, Browning, Stollings and Beach:
Senate Bill No. 330--A Bill to repeal §18-13-1 of the Code of West Virginia, 1931, as amended; to repeal §18-23-4a of said code; to repeal §18B-8-3a of said code; to repeal §18B-9-2a, §18B-9-5, §18B-9-7, §18B-9-8, §18B-9-9, §18B-9-10 and §18B-9-12 of said code; to amend and reenact §12-1-12d of said code; to amend and reenact §18B-1-2 and §18B-1-6 of said code; to amend and reenact §18B-1B-4 and §18B-1B-5 of said code; to amend and reenact §18B-2A-3, §18B- 2A-4 and §18B-2A-8 of said code; to amend and reenact §18B-2B-3 of said code; to amend and reenact §18B-3-1, §18B-3-3 and §18B-3-4 of said code; to amend and reenact §18B-4-1 of said code; to amend said code by adding thereto a new section, designated §18B-4-2a; to amend and reenact §18B-5-9 of said code; to amend and reenact §18B- 7-1, §18B-7-2, §18B-7-3, §18B-7-4, §18B-7-5, §18B-7-6, §18B-7-7, §18B-7-8, §18B-7-9, §18B-7-10, §18B-7-11 and §18B-7-12 of said code; to amend said code by adding thereto four new sections, designated §18B-7-13, §18B-7-14, §18B-7-15 and §18B-7-16; to amend and reenact §18B-8-1, §18B-8-3, §18B-8-4, §18B-8-5 and §18B-8-6 of said code; to amend said code by adding thereto a new section, designated §18B-8-2; to amend and reenact §18B-9-1, §18B-9-2, §18B- 9-3 and §18B-9-4 of said code; to amend said code by adding thereto a new article, designated §18B-9A-1, §18B-9A-2, §18B-9A-3, §18B-9A- 4, §18B-9A-5, §18B-9A-6, §18B-9A-7 and §18B-9A-8; to amend and reenact §18B-10-1 of said code; and to amend and reenact §18B-19-10 of said code, all relating to public higher education personnel generally; state organizations of higher education; public higher education governance; repealing sunset provision for pilot investment program for Marshall University and West Virginia University; extending authority to increase certain types of investment under certain circumstances; specifying and clarifying rule-making procedures; specifying certain powers and duties of certain higher education organizations; requiring certain governing boards to reach certain graduation rates by certain date; establishing classification and compensation for certain employees; providing legislative purposes and intent; providing certain definitions; requiring creation of certain professional staff positions; setting forth minimum qualifications and specifying duties; requiring organization rulemaking; authorizing certain supplemental retirement, health and welfare benefit plans for certain employees; providing for certain employer and employee matches; authorizing employee payroll deductions; requiring establishment of continuing education and professional development programs for certain employees; setting forth certain employment practices; requiring certain periodic reports; specifying data to be included in reports and designating report due dates; providing certain exceptions to report due dates; requiring periodic reviews of human resources functions at certain higher education organizations; setting forth purposes of reviews; specifying review criteria and designating completion dates; requiring prior notice of reviews and setting forth certain exceptions; authorizing compensatory time off for certain employees in certain instances; setting forth conditions; defining "nonclassified" employees; limiting percentage of employees designated as nonclassified and providing certain exceptions; establishing formula for calculating percentage; providing effective date for meeting percentage limits and requiring compliance reports; authorizing certain employment by mutual agreement; setting forth terms, conditions and applicability of agreements; requiring probationary period for certain employees; authorizing catastrophic leave banks and leave transfer for certain employees; setting forth terms and conditions for participation; codifying certain current practices; authorizing merit salary increases for certain employees under certain conditions; requiring study of certain employment practices; requiring report and specifying data and report due date; requiring faculty salary rules and providing for salary increases in certain instances; authorizing sabbatical leaves for certain professional personnel; specifying terms and conditions for participation; maintaining certain rights and benefits during leaves of absence under certain circumstances; requiring definition of certain terms; requiring notice of employment decisions to probationary faculty members by certain date and providing for hearings in certain instances; stating legislative intent regarding funding for certain employee salary schedules; specifying applicability of certain statutes; establishing certain terms and conditions and providing certain exceptions; providing formulas for making certain salary calculations; requiring certification of certain higher education organizations relating to certain salary funding requirements; specifying applicability of certain rules; requiring review and approval process for certain rules and specifying responsibilities of certain professional personnel relating to rulemaking; providing for funding certain salary schedules; specifying certain consequences and sanctions and providing exceptions; providing short title designation; requiring maintenance of uniform job classification system; establishing job classification committee and specifying organization, powers and duties; assigning certain other powers and duties relating to job classification; establishing compensation planning and review committee and specifying organization, powers and duties; providing for establishment of market salary structures and minimum salary schedules; requiring periodic updates and specifying certain other related powers and duties; providing for periodic market salary studies and specifying application of study findings; requiring certain salary comparisons and establishing limit on variations of average salaries among employee classes; specifying authority and duty of Higher Education Policy Commission and Council for Community and Technical College Education over classification and compensation system; requiring promulgation of certain personnel rules by certain date; authorizing emergency rules with prior approval; establishing parameters for rules; specifying mechanisms for correcting identified deficiencies and requiring and authorizing certain sanctions in certain instances; providing for hearing employee appeals; requiring performance evaluations for certain employees; requiring certain training for supervisory personnel; establishing terms and conditions for exercising certain operational flexibilities for governing boards; establishing goals for implementing certain statutes and rules; fixing certain implementation responsibilities; providing for review and approval of governing boards' requests for tuition and fee increases greater than set amounts; removing caps on increases in tuition and fees; clarifying procedure for rental, lease and sale of property; making technical corrections; and deleting obsolete language.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Prezioso, D. Facemire, McCabe, Plymale and Klempa:
Senate Bill No. 331--A Bill to amend and reenact §11-24-11b of the Code of West Virginia, 1931, as amended, relating to corporation net income tax; and making a technical correction in the definition of "eligible taxpayer".
Referred to the Committee on Finance.
By Senators Prezioso, D. Facemire, McCabe, Plymale and Klempa:
Senate Bill No. 332--A Bill to amend and reenact §11-12-3, §11-12-5 and §11-12-86 of the Code of West Virginia, 1931, as amended, all relating to permanent business registrations; changing the procedure for suspending, revoking or canceling a business registration certificate; permitting a registrant to appeal an order to suspend, revoke or cancel a business registration certificate; permitting a business registration certificate to be revoked, canceled or suspended for nonpayment of property taxes; changing the sparkler and novelty registration fee from an annual one to an initial one; and updating permanent registration language.
Referred to the Committee on Finance.
By Senators Beach, Klempa, Minard, Williams and Plymale:
Senate Bill No. 333--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-17B-1, §17-17B-2, §17-17B-3, §17-17B-4, §17-17B-5, §17-17B-6, §17-17B-7, §17-17B-8 and §17-17B-9, all relating to DOT-Parkways Authority collection enforcement; Safe and Efficient Parkways Act; authorizing the electronic enforcement of collection of tolls; establishing penalties for nonpayment and damage to facilities; keeping certain information collected confidential and not subject to the Freedom of Information Act; allowing limited restricted and confidential access to certain information pursuant to subpoenas and court orders on a strictly confidential basis; granting rule-making authority; and defining terms.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Jenkins, Klempa and Kessler (Acting President):
Senate Bill No. 334--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8-19c, relating to making it a felony to wager at animal fighting ventures; making it a felony to conduct, finance, manage, supervise, own or lease any part of an animal fighting venture or the premises on which it takes place with knowledge that wagering is occurring; and providing criminal penalty.
Referred to the Committee on the Judiciary.
By Senators Beach and Prezioso:
Senate Bill No. 335--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-12-15f, relating to authorizing Class I and Class II municipalities to regulate taxis and taxi stands.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators McCabe, Wells, Unger, Foster, Klempa, Kessler (Acting President) and Browning:
Senate Bill No. 336--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-4-1, §5B-4-2, §5B-4-3, §5B-4-4, §5B-4-5, §5B-4-6 and §5B-4-7, all relating to the creation of the West Virginia Energy Efficient Buildings Program; concentrating on energy demand-side management in private and public buildings; generating energy savings; promoting more efficient use of the state's natural resources; authorizing the West Virginia Development Office to promulgate regulations; creating the West Virginia Energy Efficient Buildings Public Sector Grant Fund and the West Virginia Energy Efficient Buildings Private Sector Loan Revolving Fund; establishing criteria for grants and loans from the funds; and requiring annual reports to be provided to the Legislature.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Palumbo, Wells, Foster and Klempa:
Senate Bill No. 337--A Bill to amend and reenact §17C-15-49 of the Code of West Virginia, 1931, as amended, relating to making the offense of failure to wear safety belts a primary offense; and modifying fines.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senator Foster:
Senate Bill No. 338--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-21; and to amend and reenact §9-9-3 of said code, all relating to permitting the state to opt out of a federal statute that would otherwise not allow a state resident who has been convicted of a felony involving a controlled substance from receiving certain benefits provided by the Social Security Act and the Food Stamp Act.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Palumbo and Klempa:
Senate Bill No. 339--A Bill to amend and reenact §21-5-4 of the Code of West Virginia, 1931, as amended, relating to payment of wages to separated employees; and authorizing payment at regular pay periods through regular means or by mail.
Referred to the Committee on Labor; and then to the Committee on Finance.
By Senator Sypolt:
Senate Bill No. 340--A Bill to amend and reenact §61-6-19 of the Code of West Virginia, 1931, as amended; to amend and reenact §61-7-1, §61-7-2, §61-7-11a and §61-7-14 of said code; and to amend said code by adding thereto a new section, designated §61-7-11b, all relating to crimes against the peace and possession of deadly weapons; clarifying the prohibition against disrupting governmental processes; permitting the possession of weapons on the grounds of the State Capitol Complex; expanding legislative findings concerning dangerous weapons; redefining the term "knife" and what is considered to be a deadly weapon; defining additional terms; expanding the school areas where the possession of deadly weapons are prohibited; prohibiting the possession of deadly weapons in courtrooms; providing exemptions; permitting loaded firearms in locked motor vehicles, other than school buses, on school property; permitting property owner to prohibit deadly weapons on his or her property; and imposing penalties.
Referred to the Committee on the Judiciary.
Senators Miller, Wills, Stollings, Klempa, Beach and Yost offered the following resolution:
Senate Concurrent Resolution No. 12--Requesting that bridge number 45-107-0.04 over the Greenbrier River, at the intersection of Route 3 and Route 12, near Hinton in Summers County, West Virginia, be named the "Ralph Lewis Boone Memorial Bridge".
Whereas, Ralph Lewis Boone was born on December 6, 1925 in Ronceverte, West Virginia; and
Whereas, Ralph Lewis Boone enlisted in the United States Marine Corps and was a private in First Platoon, "H" Company, 6th Marine Division; and
Whereas, Ralph Lewis Boone arrived in Okinawa on April 1, 1945 and died in action in service to his country on the Ryuku Islands on April 16, 1945; and
Whereas, Ralph Lewis Boone was awarded the Purple Heart, the Presidential Unit Citation Ribbon Bar with Star, the Asiatic- Pacific Campaign Medal, and the World War II Victory Medal; and
Whereas, Ralph Lewis Boone served his country and his state with honor and distinction and gave the ultimate sacrifice; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 45-107-0.04 over the Greenbrier River, at the intersection of Route 3 and Route 12, near Hinton in Summers County, West Virginia, the "Ralph Lewis Boone Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the "Ralph Lewis Boone Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a certified copy of this resolution to the Commissioner of the Division of Highways and the family of Ralph Lewis Boone.
Which, under the rules, lies over one day.
Senators Stollings, Wells, Klempa, Beach and Yost offered the following resolution:
Senate Concurrent Resolution No. 13--Requesting the Division of Highways name State Route 3, located between the communities of Yawkey, Lincoln County, and Julian, Boone County, the "LCPL Rodney A. Breedlove Memorial Highway KIA Vietnam 1967".
Whereas, LCPL Rodney A. Breedlove was born October 9, 1947, and made Alkol, Lincoln County, his home; and
Whereas, LCPL Rodney A. Breedlove's immediate family consisting of his mother, Bertha G. Vickers Breedlove, his sister Pat Holley, and his sister Cindy Saul, continue to make Alkol, Lincoln County, West Virginia, their home along with his brother Joey Breedlove of Alum Creek, Lincoln County, West Virginia; and
Whereas, LCPL Rodney A. Breedlove Rodney A. Breedlove, at the age of 17, left Duval High School and volunteered to serve in the United States Marine Corps during the most dangerous time of the Vietnam War, as did his father, B. Mansfield Breedlove, who also served in the military during World War II; and
Whereas, LCPL Rodney A. Breedlove continued his education in the Marine Corps, earning enough credits to graduate with his classmates at Duval High School in May 1965; and
Whereas, Sadly, LCPL Rodney A. Breedlove was killed in action on April 21, 1967, during combat operations against an armed enemy while serving with Company F, 2nd Battalion, 1st Marine Regiment, 1st Marine Division in the Que Son Valley near Da Nang in the Republic of Vietnam; and
Whereas, LCPL Rodney A. Breedlove was posthumously awarded the Purple Heart, along with a host of other awards: Combat Action Ribbon, National Defense Service Medal, Vietnam Service Medal, Expert Markmanship Award, Republic of Vietnam Campaign Medal, Republic of Vietnam Merit Medal, Republic of Vietnam Gallantry Cross with Palm; and
Whereas, It is fitting and proper, that LCPL Rodney A. Breedlove be remembered and acknowledged for his courageous action and ultimate sacrifice; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways name State Route 3, located between the communities of Yawkey, Lincoln County, and Julian, Boone County, the "LCPL Rodney A. Breedlove Memorial Highway KIA Vietnam 1967"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "LCPL Rodney A. Breedlove Memorial Highway KIA Vietnam 1967; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of LCPL Rodney A. Breedlove.
Which, under the rules, lies over one day.
Senators Stollings, Wells, Klempa, Beach and Yost offered the following resolution:
Senate Concurrent Resolution No. 14--Requesting the Division of Highways name bridge number 03-03-40.39, on Route 3, in Whitesville, Boone County, and crossing the Big Coal River, the "CPL Charles 'Mitchell' Hannah Memorial Bridge".
Whereas, CPL Charles "Mitchell" Hannah was born on March 13, 1948, in Highcoal, West Virginia, and was a life-long resident of the area; and
Whereas, CPL Charles "Mitchell" Hannah was the son of the late Harrison Hannah and Mabel Jarrell Hannah Clay, who still resides in the Whitesville area; and
Whereas, CPL Charles "Mitchell" Hannah was a 1966 graduate of Sherman High School and later joined the United States Marine Corps in May of 1967; and
Whereas, CPL Charles "Mitchell" Hannah was ordered to serve in Vietnam in the fall of 1967 as a rifleman; and
Whereas, CPL Charles "Mitchell" Hannah was a member of India Company, 3rd Battalion, 7th Marines, and 2nd Platoon of the First Marine Division; and
Whereas, CPL Charles "Mitchell" Hannah, after serving only five months and engaging in numerous combat operations, received four promotions to Squad Radio Man, M-79 Man, 2nd Fire Team Leader, and 1st Fire Team Leader with a new rank of Lance Corporal; and
Whereas, Sadly, CPL Charles "Mitchell" Hannah made the ultimate sacrifice on June 16, 1968, while on patrol in the Quang Nam province of Vietnam; and
Whereas, CPL Charles "Mitchell" Hannah qualified for the following medals: The Purple Heart, Combat Action Ribbon, Presidential Unit Citation, Meritorious Unit Commendation, National Defense Service Ribbon, RVN Service Medal, RVN Cross of Gallantry, Individual, RVN Cross of Gallantry, Unite Citation, RVN Civil Actions, Unit and the RVN Campaign Medal; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways name bridge number 03-03-40.39, on Route 3, in Whitesville, Boone County, and crossing the Big Coal River, the "CPL Charles 'Mitchell' Hannah Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "CPL Charles 'Mitchell' Hannah Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of CPL Charles "Mitchell" Hannah.
Which, under the rules, lies over one day.
At the request of Senator Prezioso, unanimous consent being granted, Senators Prezioso and Unger offered the following resolution from the floor:
Senate Resolution No. 15--Authorizing the appointment of employees for the Senate for the two thousand eleven regular sixty-day session of the eightieth Legislature, commencing Wednesday, January 12, 2011, and payment of their compensation.
Resolved by the Senate:
That the Clerk of the Senate, with the approval of the presiding officer of the Senate, or the presiding officer of the Senate is hereby authorized to appoint employees to receive the per diem compensation, as herein provided, during this regular sixty-day session of the eightieth Legislature, and any extension thereof as follows:
Twenty-six Class I secretaries at a rate of seventy dollars to eighty-eight dollars per diem;
Ten Class II secretaries at a rate of seventy-two dollars to ninety-two dollars per diem;
Seven Class III secretaries at a rate of seventy-four dollars per diem;
Eight Class IV secretaries at a rate of seventy-six dollars to eighty-five dollars per diem;
Seven legislative analysts at a rate of sixty-five dollars to ninety dollars per diem;
Thirteen legal counselors at a rate of two hundred dollars to two hundred forty-five dollars per diem; assignments and salary to be determined by the presiding officer of the Senate;
Two bill and journal clerks to the Senate Clerk at a rate of seventy dollars to seventy-seven dollars per diem;
One journal room supervisor at a rate of one hundred thirteen dollars per diem;
One assistant journal room supervisor at a rate of eighty-six dollars per diem;
Nine journal and bill room clerks at a rate of sixty-five dollars to eighty dollars per diem;
One Sergeant at Arms at a rate not to exceed one hundred sixty-one dollars per diem;
One chief assistant Sergeant at Arms at a rate of seventy-four dollars per diem;
Six assistants to the Sergeant at Arms at a rate of sixty to sixty-five dollars per diem;
One Doorkeeper at a rate not to exceed one hundred eighteen dollars per diem;
One chief assistant Doorkeeper at a rate of seventy-eight dollars per diem;
Eight assistants to the Doorkeeper at a rate of sixty dollars to seventy-five dollars per diem;
One information clerk at a rate of eighty-two dollars per diem (forty-one dollars per diem paid by House of Delegates);
Seven messengers at a rate of sixty dollars to seventy-one dollars per diem;
One head page at a rate of seventy dollars per diem;
One assistant head page at a rate of sixty-five dollars per diem;
One recording system operator at a rate of eighty-nine dollars per diem;
One duplicating machine operator at a rate of seventy dollars per diem;
One parking coordinator at a rate of one hundred three dollars per diem (fifty-one dollars and fifty cents per diem paid by House of Delegates);
The Clerk of the Senate, with the approval of the presiding officer of the Senate, or the presiding officer of the Senate shall have authority to employ such per diem staff personnel during any session of the Legislature as shall be needed in addition to staff personnel authorized by this Senate resolution adopted during any such session. The Clerk of the Senate, with the approval of the presiding officer of the Senate, or the presiding officer of the Senate shall have authority to employ such staff personnel between sessions of the Legislature as shall be needed, the compensation of all staff personnel during and between sessions of the Legislature, notwithstanding any such Senate resolution, to be fixed by the presiding officer of the Senate. In all such cases, the Clerk of the Senate, with the approval of the presiding officer of the Senate, or the presiding officer of the Senate shall have authority to supervise and dismiss such staff personnel; and, be it
Further Resolved, That the appointment of salaried full-time employees of the Senate for the year two thousand eleven and their compensation, at the following amounts per month, for such periods of time as they are employed in the positions designated, is hereby authorized, as follows:
Clerk$7,806.46
Assistant Clerk 4,951.25
Administrative Assistant to Clerk 3,102.50
Executive Secretary to Clerk 3,102.50
Fiscal Officer 4,207.50
Assistant Fiscal Officer 3,272.50
Minor Committee Support2,337.50
Committee Support Secretary3,697.50
Secretary3,060.00
Secretary 3,017.50
Secretary2,210.00
Technical Support 2,592.50
Senior Assistant to the Acting President 3,750.00
Administrative Assistant to the Acting President 2,916.67
Executive Secretary to President 2,166.67
Communications Director4,250.00
Secretary to Minority Leader 2,316.25
Deputy Clerk 4,951.25
Chief Journal Clerk 3,718.75
Associate Journal Clerk 3,272.50
Bill Clerk 2,500.00
Bill History Clerk 2,953.75
Counsel to Education Committee 6,205.00
Counsel to Finance Committee 5,950.00
Counsel to Finance Committee5,886.25
Counsel to Judiciary Committee 6,970.00
Counsel to Judiciary Committee 5,567.50
Counsel to President 7,182.50
Budget-Policy Analyst to Finance Committee 4,335.00
Legislative Analyst to Education Committee 2,550.00
Legislative Analyst to
Government Organization Committee 2,996.25
Legislative Analyst to Judiciary Committee 2,592.50
Secretary-Analyst to Finance Committee 2,805.00
Secretary to Government Organization Committee 2,571.25
Secretary to Judiciary Committee 2,571.25
Secretary to Judiciary Committee 2,550.00
Supervisor, Materials & Supplies 3,718.75
Purchasing & Procurement Clerk 3,060.00
Mail/Supply Clerk 2,826.25
Chief Custodian 3,166.25
Custodian 2,040.00
Custodian 1,572.50
The Clerk of the Senate, with the approval of the presiding officer of the Senate, or the presiding officer of the Senate shall have authority to employ such full-time staff personnel during any session of the Legislature as shall be needed in addition to staff personnel authorized by this Senate resolution adopted during any such session. The Clerk of the Senate, with the approval of the presiding officer of the Senate, or the presiding officer of the Senate shall have authority to employ such staff personnel between sessions of the Legislature as shall be needed, the compensation of all staff personnel during and between sessions of the Legislature, notwithstanding any such Senate resolution, to be fixed by the presiding officer of the Senate. In all such cases, the Clerk of the Senate, with the approval of the presiding officer of the Senate, or the presiding officer of the Senate shall have authority to supervise and dismiss such staff personnel.
At the request of Senator Prezioso, unanimous consent being granted, the resolution was taken up for immediate consideration and reference to a committee dispensed with.
Following discussion,
The question being on the adoption of the resolution, the same was put and prevailed.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 11, Authorizing placement of statue of Honorable Francis Harrison Pierpont in Independence Hall in Wheeling.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Government Organization.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 71, Making child neglect creating substantial risk of bodily harm a misdemeanor.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--31.
The nays were: None.
Absent: Edgell, Helmick and Tomblin (Mr. President)--3.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 71) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 80, Redefining basis for disqualification of prospective jurors.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--31.
The nays were: None.
Absent: Edgell, Helmick and Tomblin (Mr. President)--3.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 80) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--31.
The nays were: None.
Absent: Edgell, Helmick and Tomblin (Mr. President)--3.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 80) takes effect from passage.
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. 200, Correcting names of state institutions of higher education.
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.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Bill No. 93, Relating to escape from custody of Division of Juvenile Services.
Senate Bill No. 184, Relating to disposition of remains of military service member who dies while serving in military.
Senate Bill No. 192, Protecting consumers from price gouging and unfair pricing practices.
Com. Sub. for Senate Bill No. 213, Relating to crimes using computers, telephones and electronic devices.
And,
Com. Sub. for Senate Bill No. 216, Modifying definition "imminent danger to physical well-being of a child".
The Senate proceeded to the thirteenth order of business.
Senator Kessler (Acting President) announced the resignation of Senator Boley, of the County of Pleasants, from the Committee on Banking and Insurance, and then announced the appointment of Senator Nohe, of the County of Wood, to fill the vacancy created by Senator Boley's resignation.
On motion of Senator Unger, leaves of absence for the day were granted Senators Helmick, Edgell and Tomblin (Mr. President).
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Unger, the Senate adjourned until Monday, January 31, 2011, at 11 a.m.
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