sdj-22nd day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2011
TWENTY-SECOND DAY
____________
Charleston, W. Va., Wednesday, February 2, 2011
The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)
Prayer was offered by the Reverend Father Leon Alexander,
Blessed John XXIII Pastoral Center, Charleston, West Virginia.
Pending the reading of the Journal of Tuesday, February 1,
2011,
On motion of Senator Edgell, 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 Commission on
Special Investigations, submitting its annual report as required by
chapter four, article five, section two of the code of West
Virginia.
Which communication and report were 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. Com. Sub. for House Bill No. 2451--A Bill to amend and
reenact §61-11A-2 of the Code of West Virginia, 1931, as amended,
relating to victim impact statements; including in the definition
of "victim" the immediate family members or estate representative
of a person killed during the commission of a misdemeanor; and
providing that a prosecuting attorney make reasonable efforts to
contact certain persons who are known to the prosecuting attorney.
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. 2539--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 to enter into agreements with the Marshall University
Forensic Science Center.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
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. 2853--A Bill to amend and
reenact §3-10-2 of the Code of West Virginia, 1931, as amended,
relating to filling a vacancy in the office of Governor; revising
contingencies creating a vacancy in the office of Governor to
comport with the West Virginia Constitution; providing that new
elections to fill a vacancy in the office of Governor shall consist
of special primary and special general elections; providing that
the new election to fill a vacancy shall occur at a time to allow
a newly elected individual to assume office within one year of the
date the vacancy occurred; providing that provisions relating to
special general election do not affect political party creation;
prescribing time frames for when new election must take place,
including special primary election to nominate candidates to be
voted for at a special general election; providing the time frame
for the person acting as Governor to issue proclamations to set the
new election; removing provision requiring vacancies to be filled
at general elections deemed unconstitutional; requiring person
acting as Governor to issue proclamation to fix date for new
election, including date for special primary election; removing
provisions related to utilizing conventions to nominate candidates;
requiring the state to pay costs incurred in connection with a
special election to fill a vacancy in the office of Governor;
providing mechanism to fill vacancy in the office of Governor that
occurred on November 15, 2010 by utilizing special primary election and special general election; requiring the person acting as
Governor to issue a proclamation setting a special primary election
to be held on June 20, 2011 in addition to the new election
proclaimed by the person acting as Governor issued January 21,
2011; providing provisions to apply to special primary and special
general election to be held in 2011; requiring the proclamations
issued by the person acting as Governor to be published in each
county prior to the special primary and special general elections;
providing that the provisions of the law relating to elections
shall apply to the special general election and special primary
election unless inconsistent with section; modifying certain
statutory time periods relating to declaration of candidacy;
modifying procedures relating to payment of filing fees and drawing
of ballot positions; clarifying the eligibility of certain minors
to vote in special primary election; modifying statutory provisions
relating to minimum number of ballots to be printed; providing that
polling places shall not be changed except for emergency
situations; providing that constitutionally required redistricting
to have no effect until after new election in 2011 is complete;
modifying procedures for persons without party affiliations to
nominate candidates for the special general election; authorizing
the Secretary of State to issue administrative orders and to
establish procedures and deadlines necessary to preserve voting
rights, avoid fraudulent voting and other election irregularities and assure orderly and efficient administration of the new
election; providing for the expiration of the provisions applying
to the new election pursuant to the vacancy created on November 15,
2010; and requiring Secretary of State to report to Joint Committee
on Government and Finance and establishing guidelines for the
report.
At the request of Senator Palumbo, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
On motion of Senator Unger, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes,
Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--32.
The nays were: None.
Absent: Fanning and Tomblin (Mr. President)--2.
The bill was read a second time.
On motion of Senator Palumbo, the following amendments to the
bill (Eng. Com. Sub. for H. B. No. 2853) were reported by the Clerk and considered simultaneously:
On page nine, section two, line one hundred ten, by striking
out the words "September 13, 2011" and inserting in lieu thereof
the words "October 4, 2011";
And,
On page fourteen, section two, line one hundred ninety-nine,
by striking out the words "September 13, 2011" and inserting in
lieu thereof the words "October 4, 2011".
Following discussion,
The question being on the adoption of Senator Palumbo's
amendments to the bill, the same was put and prevailed.
On motion of Senator K. Facemyer, the following amendment to
the bill was next reported by the Clerk and adopted:
On page thirteen, section two, after line one hundred ninety-
six, by adding a new paragraph, designated paragraph (J), to read
as follows:
(J) For the special primary election to be held pursuant to
this subsection, early voting will also be conducted from 9 a.m. to
5 p.m. on the Saturday immediately prior to the end of early
voting.
The bill, as amended, was then ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
2853) was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster,
Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller,
Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler
(Acting President)--32.
The nays were: None.
Absent: Fanning and Tomblin (Mr. President)--2.
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 H. B. No. 2853) passed.
On motion of Senator Palumbo, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2853--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 for election
of Governor if vacancy occurs within first threes years of term;
providing one time new special elections to fill an existing
vacancy in the office of Governor; providing requirements for
special elections; providing that provisions relating to special
general election do not affect political party creation;
prescribing time frames for when new election must take place;
providing for the person acting as Governor to issue proclamations relating to new elections; requiring the state to pay costs
incurred in connection with any special elections; requiring the
person acting as Governor to issue a proclamation setting a special
primary election; requiring the proclamations issued by the person
acting as Governor to be published; providing that the provisions
of the law relating to elections shall apply to the special general
election and special primary election unless inconsistent;
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 certain situations; providing that constitutionally required
redistricting to have no effect until after new special election in
2011 is complete; modifying procedures for persons without party
affiliations to nominate candidates; authorizing the Secretary of
State to issue administrative orders and to establish procedures
and deadlines; providing the provisions applying to the new special
elections expire; authorizing Saturday early voting in the special
primary election; and requiring Secretary of State to report to
Joint Committee on Government and Finance.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green,
Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard,
Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--32.
The nays were: None.
Absent: Fanning and Tomblin (Mr. President)--2.
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 H. B. No. 2853) 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 fourth order of business.
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. 126, Authorizing DHHR promulgate legislative
rule relating to requirements for licensure of nonprofit
corporations for conservator service.
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 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. 127, Authorizing Health Care Authority
promulgate legislative rule relating to certificates of need.
And has amended same.
Senate Bill No. 133, Authorizing DHHR promulgate legislative
rule relating to maternal risk screening.
And has amended same.
And,
Senate Bill No. 158, Authorizing Board of Optometry promulgate
legislative rule relating to continuing education.
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,
Ron Stollings,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary, with
amendments 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. 129, Authorizing DHHR promulgate legislative
rule relating to public water systems.
And,
Senate Bill No. 130, Authorizing DHHR promulgate legislative
rule relating to food manufacturing facilities.
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,
Ron Stollings,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
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. 132, Authorizing DHHR promulgate legislative
rule relating to cancer registry.
Senate Bill No. 171, Authorizing Board of Sanitarians
promulgate legislative rule relating to interim fee schedule.
Senate Bill No. 172, Authorizing Board of Sanitarians
promulgate legislative rule relating to practice of public health
sanitation.
Senate Bill No. 181, Authorizing Board of Veterinary Medicine
promulgate legislative rule relating to certified animal euthanasia
technicians.
And,
Senate Bill No. 182, Authorizing Board of Veterinary Medicine
promulgate legislative rule relating to schedule of fees.
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 Browning, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Bill No. 183, Authorizing Workforce West Virginia
promulgate legislative rule relating to employer violator system.
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,
Richard Browning,
Chair.
The bill, under the original double committee reference, was
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. 239, Extending period higher education
institutes have to deposit moneys into research endowments.
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,
Robert H. Plymale,
Chair.
The bill, 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. 281, Criminalizing installation of certain
invasive software on mobile devices.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 281 (originating in the
Committee on the Judiciary)--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.
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. 349, Requiring bittering agent be placed in
certain engine coolants and antifreezes.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. House Bill No. 2556, Resetting the expiration date of
provisions that allow the employment of retired teachers as
substitutes beyond the post-retirement employment limit.
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,
Robert H. Plymale,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with an amendment from
the Committee on Education pending.
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 Senator Barnes:
Senate Bill No. 380--A Bill to amend and reenact §11B-2-20 of
the Code of West Virginia, 1931, as amended, relating to increasing
the Revenue Shortfall Reserve Fund from $100 million to $500
million.
Referred to the Committee on Finance.
By Senators Wells, Unger, Jenkins, Foster, McCabe, Plymale,
Beach, Klempa, D. Facemire, Nohe, Yost, Sypolt and Kessler (Acting
President):
Senate Bill No. 381--A Bill to amend and reenact §15-1B-21 of
the Code of West Virginia, 1931, as amended, relating to payments
for trade certifications; and allowing use of tuition assistance
for West Virginia National Guard members enrolled in a doctor of
medicine or osteopathic medicine program.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Wells
, Jenkins, Stollings, Plymale, Beach, Yost
and Sypolt:
Senate Bill No. 382--A Bill to amend and reenact §15-1F-1 of
the Code of West Virginia, 1931, as amended, relating to specifying
additional activities for which members of the National Guard or
armed forces reserve who are also public officials and employees
are entitled to a leave of absence.
Referred to the Committee on Military; and then to the
Committee on Finance.
By Senators Wells
, Unger, Snyder, Jenkins, McCabe, Stollings,
Plymale, Klempa, D. Facemire, Nohe, Yost and Sypolt:
Senate Bill No. 383--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §15-1F-12, relating to limiting the liability of
military personnel who respond to local emergencies and calls for
assistance.
Referred to the Committee on Military; and then to the
Committee on the Judiciary.
By Senators Hall, K. Facemyer, McCabe and Kessler (Acting
President):
Senate Bill No. 384--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §17-16A-31, relating to providing for financing to
complete Route 35 without constructing or establishing toll booths
on the road.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Kessler (Acting President) and Unger:
Senate Bill No. 385--A Bill to repeal §61-2-15a of the Code of
West Virginia, 1931, as amended, relating to special penalties for
assault and battery on an athletic official.
Referred to the Committee on the Judiciary.
By Senators Barnes, Snyder, Klempa, Yost, Palumbo and McCabe:
Senate Bill No. 386--A Bill to amend and reenact §19-23-8 of
the Code of West Virginia, 1931, as amended, relating to changing
the renewal of Racing Commission-issued occupational permits from
December 31 of each year to a schedule determined according to the
applicant's date of birth.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Unger
, Snyder, Nohe, Yost and Williams
:
Senate Bill No. 387--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §15-2-25c, relating to allowing retired officers to
carry a concealed weapon in accordance with federal law.
Referred to the Committee on the Judiciary.
By Senators Unger
, Snyder, D. Facemire, Yost and Kessler
(Acting President)
:
Senate Bill No. 388--A Bill to amend and reenact §7-1-3ff of
the Code of West Virginia, 1931, as amended, relating to allowing
a fire chief from a county fire company to appoint a member of the
chief's fire company to serve as the chief's designee on a property
safety enforcement agency.
Referred to the Committee on Government Organization.
By Senators Prezioso,
D. Facemire, Unger, Foster, Klempa and Minard
:
Senate Bill No. 389--A Bill to amend and reenact §11-13AA-3,
§11-13AA-4, §11-13AA-5, §11-13AA-7, §11-13AA-11 and §11-13AA-12 of
the Code of West Virginia, 1931, as amended, all relating to the
West Virginia Commercial Patents Incentives Tax Act; defining
terms; clarifying carryover provisions; specifying when credit
accrues; disallowing credit based on related-party transactions;
disallowing application of credit in addition to specified other
tax credits; making technical corrections to use appropriate
terminology; and retroactively adjusting the effective date
language.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Kessler (Acting President)
, Snyder, McCabe,
Stollings, Beach, Klempa, Minard, Yost and Wells
:
Senate Bill No. 390--A Bill to amend and reenact §61-3C-12 of
the Code of West Virginia, 1931, as amended, relating to creating
a new crime of computer invasion of privacy where the invasion in
question is of a personal nature; and providing a criminal penalty.
Referred to the Committee on the Judiciary.
By Senators Palumbo,
Snyder, Foster, McCabe, Beach, Minard and
Wells
:
Senate Bill No. 391--A Bill to amend and reenact §3-3-2a and
§3-3-3 of the Code of West Virginia, 1931, as amended, all relating to early in-person voting; authorizing rotating community voting
locations; requiring rotating community voting locations to be open
a minimum of three days; requiring security of election equipment
and materials; requiring the publication of rotating community
voting locations; providing for appeal of rotating community voting
locations to circuit court; and reducing the voting period for
early in-person voting to thirteen days.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Snyder, Klempa, Yost and McCabe:
Senate Bill No. 392--A Bill to amend and reenact §19-23-3 of
the Code of West Virginia, 1931, as amended, relating to changing
the definition of "accredited thoroughbred horse" to require
registration with the West Virginia Thoroughbred Breeders
Association.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Plymale, Jenkins and McCabe:
Senate Bill No. 393--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-3-1c, relating to the method of appraising certain
affordable multifamily rental housing property for ad valorem
property tax purposes.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Snyder, Klempa, McCabe and Yost:
Senate Bill No. 394--A Bill to amend and reenact §19-23-16 of
the Code of West Virginia, 1931, as amended, relating to creating
a process by which the West Virginia Racing Commission may grant
stay requests pending appeals of orders by stewards or judges;
permitting the appointment of hearing examiners who must be
licensed to practice law in the state; and providing that if the
Racing Commission modifies or rejects a hearing examiner's
recommended decision, its order doing so must provide findings of
fact, conclusions of law and set forth with specificity the reasons
for the modification or rejection.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Beach, Klempa and Williams:
Senate Bill No. 395--A Bill to amend and reenact §11B-2-20 of
the Code of West Virginia, 1931, as amended, relating to requiring
any annual surpluses from the Revenue Shortfall Fund and the
Revenue Shortfall Reserve Fund - Part B that exceed ten percent of
the total appropriations from the General Revenue Fund be
transferred to the State Road Fund.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Laird, Miller
, Nohe, Yost, Williams and Kessler (Acting President)
:
Senate Bill No. 396--A Bill to amend and reenact §15-10-4 of
the Code of West Virginia, 1931, as amended, relating to the
elimination of the requirement that mutual aid agreements between
law-enforcement entities be renewed and filed annually in order to
have effect.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Beach
, Snyder, Klempa, Barnes and Kessler (Acting
President)
:
Senate Bill No. 397--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-1C-5c, relating to the method of establishing the
value of antique motor vehicles for purposes of ad valorem property
taxes.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Laird
, Minard, Yost and Kessler (Acting
President)
:
Senate Bill No. 398--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5-5-7, relating to requiring the Division of
Corrections, Division of Juvenile Services and Regional Jail and
Correctional Facility Authority to establish shift differential pay scales for employees.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators McCabe and Snyder:
Senate Bill No. 399--A Bill to amend and reenact §5A-7-4a of
the Code of West Virginia, 1931, as amended, relating to adding new
language allowing invoices under $75 to accumulate and be mailed in
one statement near the end of the fiscal year.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Laird, Unger, Miller, D. Facemire, Yost, Williams
and Kessler (Acting President):
Senate Joint Resolution No. 10--Proposing an amendment to the
Constitution of the State of West Virginia, repealing section
three, article IX thereof, relating to sheriffs serving more than
two consecutive terms; numbering and designating such proposed
amendment; and providing a summarized statement of the purpose of
such proposed amendment.
Referred to the Committee on the Judiciary.
Senators Barnes, Stollings, Beach, Klempa, Yost and Williams
offered the following resolution:
Senate Concurrent Resolution No. 18--Requesting the Division
of Highways name bridge number 16-55-13.76 on Corridor H in
Moorefield, Hardy County, West Virginia, the "Richard Lee 'Dickie' Moyers Veterans Memorial Bridge".
Whereas, Generations of West Virginians have answered the call
to stand up and fight for our freedom and Dickie Moyers was one of
those brave souls; and
Whereas, Dickie Moyers was born and raised in Hardy County,
West Virginia on a farm near Moorefield; and
Whereas, The location of this bridge is where his family lived
and worked the land where he learned lessons about life, family,
country and other fundamental lessons; and
Whereas, His family was hard working and instilled in him a
love of God, the land, the State of West Virginia and the United
States of America; and
Whereas, Private First Class Richard Lee Moyers, F CO, 2nd BN,
5th Marines, 1st Marine Division, III MAF served his country and
with his fellow Marines stood in defense of our freedom and the
freedoms of people who could not do so on their own; and
Whereas, At just 20 years of age Dickie Moyers would pay the
ultimate cost of freedom in Quang Nam Province, South Vietnam on
November 11, 1968; and
Whereas, America continues to be strong because of their
commitment to the cause of freedom; and
Whereas, People in the community still remember his face,
laugh, touch and great smile; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name bridge number 16-55-13.76 on Corridor H in Moorefield, Hardy
County, West Virginia, the "Richard Lee 'Dickie' Moyers Veterans
Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested
to have made and be placed signs identifying bridge number 16-55-
13.76 the "Richard Lee 'Dickie' Moyers Veterans 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
family of Dickie Moyers and the Secretary of the Department of
Transportation.
Which, under the rules, lies over one day.
Senators Plymale, Unger, Jenkins, Stollings, Klempa, Chafin,
D. Facemire, Minard, Yost and Williams offered the following
resolution:
Senate Resolution No. 19--Recognizing Hannah Bailey for her
outstanding athletic achievements.
Whereas, Hannah Bailey is a member of the Spring Valley Girls
Volleyball team; and
Whereas, Hannah Bailey has excelled as an individual
volleyball player, earning accolades from around the state and
country; and
Whereas, Hannah Bailey has been named to the West Virginia All-State 1st Team in 2009-2010, was chosen as the Captain of the
West Virginia All-State Team, was selected as the West Virginia
Gatorade Player of the Year and the Mountain State Athletic
Conference Player of the Year; and
Whereas, Hannah Bailey led her team to the 2009 AAA Volleyball
state championship; and
Whereas, Hannah Bailey has displayed her strong will and
determination on and off the court and is a shining example of what
can be accomplished through perseverance, dedication and spirit;
and
Whereas, Hannah Bailey's leadership and hard work embodies
what it means to be a true West Virginian; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes Hannah Bailey for her
outstanding athletic achievements; and, be it
Further Resolved, That the Senate extends its best wishes to
Hannah Bailey on a bright future ahead; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to Hannah Bailey.
At the request of Senator Plymale, 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
resumed business under the sixth order.
Senators Kessler (Acting President), Unger, Snyder, Jenkins,
Foster, McCabe, Stollings, Plymale, Prezioso, Klempa, Miller,
Minard, Yost and Wells offered the following resolution:
Senate Resolution No. 20--Designating February 2, 2011, as
"Social Work Day" at the Legislature.
Whereas, Social workers are positive change agents who
dedicate their careers to helping people transform their lives, or
improving environments that make such progress possible; and
Whereas, More than 640,000 trained Social Work professionals
in the United States work tirelessly in agencies, hospitals,
hospices, schools, universities, legislatures, private practices,
corporations and the military; and
Whereas, Social workers are advocates for access, equality and
fairness; and
Whereas, Social workers improve the fabric of society by
caring for those who have been left behind, or for those who have
lost their voice; and
Whereas, Social workers help people explore new opportunities
in the face of serious life changes and challenges; and
Whereas, The Social Work profession was established more than
100 years ago to help Americans overcome poverty, illness,
addiction, abuse, discrimination and other adversities to reach their full potential; and
Whereas, The Social Work profession works to change systems
and customs that limit the ability of vulnerable individuals and
groups to lead fulfilling and productive lives; and
Whereas, Schools of Social Work train socially conscious
people to make a real difference in the world through service and
leadership; and
Whereas, Social Workers strengthen communities, expand options
and work to facilitate humane changes in policies and legislation
that improve the lives of everyone; and
Whereas, Everyday, Social Workers wake up believing they give
an individual, a family, or a community renewed hope in the future;
therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 2, 2011, as "Social
Work Day" at the Legislature; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate officials representing
social workers.
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
resumed business under the sixth order.
Senators Plymale, Unger, Snyder, D. Facemire, Jenkins,
Stollings, Klempa, Chafin, Minard, Yost and Williams offered the
following resolution:
Senate Resolution No. 21--Congratulating the Spring Valley
Varsity Cheerleaders for winning the 2010 Class AAA state
cheerleading championship.
Whereas, The Spring Valley Varsity Cheerleaders
had an
extraordinary season, in which earned it the opportunity to
participate in the 2010 Class AAA state championship tournament;
and
Whereas, Through teamwork, dedication and spirit, the Spring
Valley Varsity Cheerleaders
won the 2010 Class AAA state
cheerleading championship; and
Whereas, The Spring Valley Varsity Cheerleaders
are coached by
Heather Morrone and her assistant Bethany Ward, and consists of
members Kate Nash (Captain), Mishae Bartoe, Katie Herrick, Mariah
Ramsey (Co-captain), Darian Sperry (Co-captain), Alexis Donahoe,
Emily Ferguson, Whitney Agee, Aisha Conway, Jalyn Bailey, Erin
Fuller, Amie Lambert, Eliza Amos, Josie Boyd, Corrie Herrick and
Jamie Tomblin; and
Whereas, The
Spring Valley Varsity Cheerleaders
displayed
their strong will and determination for an entire season; and
Whereas, The Spring Valley Varsity Cheerleaders
will be
remembered as one of the best cheerleading squads ever assembled in
West Virginia high school history; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the Spring Valley Varsity
Cheerleaders
for winning the 2010 Class AAA state cheerleading
championship; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the coaches and each member of the
Spring Valley Varsity Cheerleaders.
At the request of Senator Plymale, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Unger, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
proceeded to the seventh order of business.
Senate Concurrent Resolution No. 15, Requesting Joint
Committee on Government and Finance study need to improve awareness
and usage of residential fire sprinklers.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on the
Judiciary; and then to the Committee on Rules.
Senate Concurrent Resolution No. 16, Requesting DOH name WV
54, from intersection with CR 54/4 to intersection with WV 16,
"C.C. 'Sonnie' Phillips Bypass".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
The Senate proceeded to the eighth order of business.
Com. Sub. for Senate Bill No. 63, Relating to Board of
Pharmacy and controlled substances.
On third reading, coming up in regular order, with the right
having been granted on yesterday, Tuesday, February 1, 2011, for
amendments to be received on third reading, was reported by the
Clerk.
On motions of Senators Jenkins and K. Facemyer, the following
amendment to the bill was reported by the Clerk and adopted:
On page twenty-five, section two hundred four, after line two
hundred seventy-three, by adding a new subdivision, designated
subdivision (8), to read as follows:
(8) N-benzylpiperazine; also known as BZP.
The bill, as just amended, was order to engrossment.
Engrossed Committee Substitute for Senate Bill No. 63 was then
read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster,
Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard,
Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--31.
The nays were: None.
Absent: Fanning, Green 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. 63) passed.
On motion of Senator Palumbo, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Bill No. 63--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 synthetic, cocaine-like substances and
N-
benzylpiperazine
to the Schedule I list of controlled substances.
Ordered, That the Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
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:
Senate Bill No. 254, Making supplementary appropriation of
federal funds to Development Office and Division of Human Services.
Senate Bill No. 255, Making supplementary appropriation of
unappropriated moneys to various accounts.
And,
Com. Sub. for Senate Bill No. 256, Requiring sex offenders
verify e-mail and online identities.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Stollings.
At the request of Senator Williams, unanimous consent being
granted, the Senate returned to the eleventh order of business and
the introduction of guests.
On motion of Senator Unger, leaves of absence for the day were
granted Senators Tomblin (Mr. President) and Fanning.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Unger, the Senate adjourned until
tomorrow, Thursday, February 3, 2011, at 11 a.m.
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