sdj-23rd day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2011
TWENTY-THIRD DAY
____________
Charleston, W. Va., Thursday, February 3, 2011
The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)
Prayer was offered by Monsignor P. Edward Sadie, Sacred Heart
Co-Cathedral, Charleston, West Virginia.
Pending the reading of the Journal of Wednesday, February 2,
2011,
On motion of Senator Helmick, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2400--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §11-2-12, relating to granting licensed real
estate appraisers access to commercial or residential review
documents.
Referred to the Committee on Government Organization; and then
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 thirty days from passage,
and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2505--A Bill to amend and
reenact §60A-1-101 the Code of West Virginia, 1931, as amended, and
to amend and reenact §60A-2-204 of said code, all relating to
adding certain cannabinoids, hallucinogens and stimulants to the
Schedule I list of controlled substances; and clarifying references
to definitions.
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. 2522--A Bill to amend and
reenact §16-5C-8, §16-5C-10 and §16-5C-12 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding a new
section, designated §16-5C-12a, all relating to nursing home
administrative appeals; complaint hearing procedures; establishing
an independent disputes resolution process for nursing homes;
clarifying the informal and formal review process; and clarifying
the judicial review process.
Referred to the Committee on Health and Human Resources; and
then 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. 2550-A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §18-10F-1 and §18-10F-2, all relating to the
enactment of the Interstate Compact on Educational Opportunity for
Military Children; establishing the West Virginia Council for
Educational Opportunity for Military Children; designating
membership; and establishing powers and duties.
Referred 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. House Bill No. 2557--A Bill to extend the time for the
Board of Education of Upshur County, West Virginia, to meet as a
levying body for the purpose of submitting to the voters of that
county an election on the question of the approval of a special
levy for the payment of principal and interest on bond indebtedness
authorized pursuant to Section 10, Article X of the West Virginia
Constitution until the last day in May, 2011, that is not a
Saturday, Sunday or legal holiday.
Referred to the Committee on Government Organization; and then
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. Com. Sub. for House Bill No. 2696--A Bill authorizing the
county commission of Boone County to transfer its title and
interests in the Boone Memorial Hospital, also known as the Boone
County Memorial Hospital, Incorporated, a West Virginia private,
nonprofit corporation for the continued public use of providing
needed health care in a cost-effective manner.
Referred to the Committee on Government Organization; and then
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. 2697--A Bill to amend and reenact §8-9-3
of the Code of West Virginia, 1931, as amended, relating to
updating the recordkeeping requirements of municipalities.
Referred to the Committee on Government Organization.
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. 2742--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §48-5-614, relating to the revocation of death benefits
by divorce.
Referred to the Committee on Banking and Insurance; and then
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. 2818--A Bill to amend and
reenact §14-2A-3 of the Code of West Virginia, 1931, as amended,
relating to increasing the allowable expense under the Crime
Victims Award Program; increasing the amount that may be paid for
the clean-up of real property damage by a methamphetamine
laboratory; and making technical revisions.
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. 2845--A Bill to amend and reenact §20-2-27
and §20-2-28 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new section, designated §20-2-
42x, all relating to senior resident lifetime hunting, fishing and
trapping license and fee of $25; and allowing persons who are
sixty-five years of age before January 1, 2012, to remain exempt
from the purchase of the license.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 34--Requesting the Legislature
to proclaim that Groundhog Day, February 2, 2011, be celebrated as
the first anniversary of the Eastern Panhandle Trailblazers and the birthday of the Eastern Panhandle Recreation Trail.
Referred to the Committee on Rules.
The Senate proceeded to the fourth order of business.
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. 69, Providing immunity for fire chiefs and
line officers under Governmental Tort Claims and Insurance Reform
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 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 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. 78, Requiring parental consent for minor to
use tanning device.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 78 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931,
as amended, by adding thereto a new article, designated §16-43-1,
§16-43-2 and §16-43-3, all relating to tanning facilities use by
minors; defining terms; requiring consent for minors aged fourteen
to seventeen to use tanning devices within tanning facilities;
requiring parental accompaniment for minors under age fourteen to
use tanning devices within tanning facilities; and specifying
warning language and consent form language.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Green, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Bill No. 114, Authorizing DEP promulgate legislative
rule relating to ambient air quality standards.
Senate Bill No. 115, Authorizing DEP promulgate legislative
rule relating to standards of performance for new stationary
sources.
Senate Bill No. 116, Authorizing DEP promulgate legislative
rule relating to hazardous waste management systems.
Senate Bill No. 117, Authorizing DEP promulgate legislative
rule relating to permits for construction and major modification of
major stationary sources of air pollution which cause or contribute to nonattainment.
Senate Bill No. 118, Authorizing DEP promulgate legislative
rule relating to control of air pollution from hazardous waste
treatment, storage and disposal facilities.
Senate Bill No. 119, Authorizing DEP promulgate legislative
rule relating to emission standards for hazardous air pollutants.
Senate Bill No. 289, Authorizing DEP promulgate legislative
rule relating to permits for construction and major modification of
major stationary sources of air pollution for prevention of
significant deterioration.
Senate Bill No. 290, Authorizing DEP promulgate legislative
rule relating to control of air pollution from combustion of solid
waste.
And,
Senate Bill No. 291, Authorizing DEP promulgate legislative
rule relating to explosives and blasting.
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,
Mike Green,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
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. 186, Authorizing State Police issue subpoenas
to internet service providers in cases of suspected child
pornography.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 186 (originating in the
Committee on the Judiciary)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §62-1G-1 and §62-1G-2, all relating to issuing a
subpoena in aid of criminal investigations involving certain crimes
against minors; providing legislative declaration of necessity;
providing definitions; authorizing issuance of a subpoena upon
reasonable suspicion that an electronic communications system or
service or remote computing service has been used in the commission
of a criminal offense of a sexual nature against a minor upon
written application therefor by the West Virginia State Police
Crimes Against Children Unit; providing definitions; requiring that
certain information be provided in the subpoena; providing what
information is to be disclosed in response to a subpoena;
authorizing a fee for information provided in response to subpoena;
providing for nondisclosure of subpoena or response to subpoena to
account holder; and limiting liability of electronic communication
systems or services, remote computing service providers, electronic
service providers and telecommunications carriers.
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. 195, Relating to requirements to serve as
magistrate.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 195 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §50-1-4 of
the Code of West Virginia, 1931, as amended, relating to
requirements to serve as a magistrate; requiring a bachelor's
degree or associate's degree; providing exceptions to educational
requirements; providing internal operative date; clarifying
training requirements; and deleting antiquated provisions.
With the recommendation that the committee substitute 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. 241, Relating to the Division of Tourism and Tourism Commission.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 241 (originating in the
Committee on Government Organization)--A Bill to amend and reenact
§5B-1-2 of the Code of West Virginia, 1931, as amended; to amend
and reenact §5B-2-8 and §5B-2-9 of said code; and to amend and
reenact §5F-2-1 of said code, all relating generally to Division of
Tourism and Tourism Commission; clarifying that Division of Tourism
and the Tourism Commission are separate entities within Department
of Commerce; modifying composition of Tourism Commission; and
modifying the Tourism Commission's annual reporting requirement.
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,
Herb Snyder,
Chair.
The bill (Com. Sub. for S. B. No. 241), 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. 242, Dedicating portion of coal severance tax
to county of origin.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 242 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §11-13A-5a
of the Code of West Virginia, 1931, as amended, relating to
dedicating five percent of coal severance tax to the county of
origin; providing for a five-year phase-in at one percent per year;
providing permissible uses for the moneys; providing for
Development Office to administer distribution of moneys; directing
Development Office to promulgate rules for manner of distribution;
and establishing County Severance Revenue Fund.
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.
The bill (Com. Sub. for S. B. No. 242), under the original
double committee reference, was then referred to the Committee on
Finance.
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. 266, Authorizing real property transfer tax
collected by state be paid to counties.
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,
Herb Snyder,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with an amendment from
the Committee on Government Organization 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. 286, Authorizing Department of Administration
promulgate legislative rule relating to state-owned vehicles.
And has amended same.
And reports the same back with the recommendation it do pass,
as amended; but under the original triple committee reference first
be referred to the Committee on Finance; and then to the Committee
on the Judiciary.
Respectfully submitted,
Herb Snyder,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on Finance; and then to the Committee on the Judiciary, with amendments from the Committee on Government
Organization 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. 335, Authorizing certain municipalities
regulate taxis and taxi stands.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 335 (originating in the
Committee on Government Organization)--A Bill to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new section,
designated §8-12-5f, relating to authorizing Class I and Class II
municipalities to regulate taxicabs and taxi stands by ordinance.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on the Judiciary.
Respectfully submitted,
Herb Snyder,
Chair.
The bill (Com. Sub. for S. B. No. 335), under the original
double committee reference, was 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. 339, Authorizing final payment of wages of
separated employees at regular pay periods.
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,
Jack Yost,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with an amendment from
the Committee on Labor 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 Senators Boley, Hall, K. Facemyer, Nohe, Sypolt and Barnes:
Senate Bill No. 400--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §55-7-9a, relating to damages for acts causing physical
injury; and prohibiting medical monitoring relief absent manifest
present injury or disease.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators K. Facemyer, Hall, Barnes, Boley and Nohe:
Senate Bill No. 401--A Bill to amend and reenact §56-6-31 of
the Code of West Virginia, 1931, as amended, relating to the rate
of interest allowed for prejudgment and post-judgment interest.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Nohe, Hall, K. Facemyer, Barnes and Boley:
Senate Bill No. 402--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §55-2B-1, §55-2B-2, §55-2B-3, §55-2B-4, §55-2B-5, §55-
2B-6, §55-2B-7, §55-2B-8 and §55-2B-9, all relating to punitive
damages in civil actions.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Hall, K. Facemyer, Nohe, Barnes, Boley and Sypolt:
Senate Bill No. 403--A Bill to amend and reenact §23-4-2 of
the Code of West Virginia, 1931, as amended, relating to
disbursement where injury is self-inflicted or intentionally caused
by the employer.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Barnes, Hall, K. Facemyer, Nohe, Sypolt and Boley:
Senate Bill No. 404--A Bill to repeal §55-7-13 of the Code of
West Virginia, 1931, as amended; and to amend said code by adding
thereto three new sections, designated §55-7-13a, §55-7-13b and
§55-7-13c, all relating to comparative fault; abolishing joint
liability; providing that damages be allocated to any defendant held liable in direct proportion to that defendant's percentage of
fault; and providing for method of assessing fault of the parties.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Barnes, Hall, K. Facemyer, Nohe, Boley and Sypolt:
Senate Bill No. 405--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §61-14-1, §61-14-2, §61-14-3, §61-14-4, §61-14-5, §61-
14-6, §61-14-7, §61-14-8, §61-14-9 and §61-14-10, all relating to
creating the Support Our Law Enforcement and Safe Neighborhoods
Act; defining terms; requiring cooperation among officials and
agencies; permitting lawful actions; establishing enforcement
procedures; requiring aliens to carry alien registration documents;
making it illegal to stop to pick up passengers for work; making it
illegal to transport, move, conceal, harbor or shield unauthorized
aliens; making it illegal to knowingly or intentionally employ
unauthorized aliens; making it illegal to file false and frivolous
complaints; creating the Intelligence Team Enforcement Mission
Fund; setting forth civil and criminal penalties; and establishing
a severability provision.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Sypolt, Hall, K. Facemyer, Nohe, Barnes and Boley:
Senate Bill No. 406--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new chapter,
designated §55A-1-1, relating to establishing an eighteen-year statute of limitations for durable goods; defining a term; and
providing an exception.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Minard, Foster, Kessler (Acting President) and
Stollings:
Senate Bill No. 407--A Bill to amend and reenact §33-15-2 of
the Code of West Virginia, 1931, as amended; to amend said code by
adding thereto a new article, designated §33-15F-1, §33-15F-2, §33-
15F-3, §33-15F-4, §33-15F-5, §33-15F-6, §33-15F-7, §33-15F-8, §33-
15F-9, §33-15F-10, §33-15F-11 and §33-15F-12; and to amend and
reenact §33-16-1a of said code, all relating to federal health
insurance reforms; incorporating the federal mandates of the
Patient Protection and Affordable Care Act of 2010 and the Health
Care and Education Reconciliation Act of 2010; defining terms;
granting rule-making authority; preventing health care insurers
from imposing additional charges for certain preventive benefits;
preventing health care insurers from imposing annual and lifetime
benefits limits and providing exceptions; establishing provisions
for provider networks; prohibiting health care insurers from
imposing preexisting condition exclusions for persons under the age
of nineteen; permitting eligibility for dependent children to the
age of twenty-six with conditions; and establishing review and
appeal rights.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Minard, Foster, Jenkins, Kessler (Acting
President), Chafin and Stollings:
Senate Bill No. 408--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §33-16G-1, §33-16G-2, §33-16G-3, §33-16G-4, §33-16G-5,
§33-16G-6, §33-16G-7, §33-16G-8, §33-16G-9 and §33-16G-10, all
relating to the health benefit exchange; setting forth purpose;
defining terms; providing for the establishment of the governing
board of directors; setting forth functions of the exchange;
outlining the board's duties and authority; authorizing rulemaking,
including emergency rulemaking; establishing a special revenue
account; and authorizing assessment of fees.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Hall and Barnes:
Senate Bill No. 409--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §1-2A-1, §1-2A-2, §1-2A-3, §1-2A-4, §1-2A-5, §1-2A-6,
§1-2A-7, §1-2A-8 and §1-2A-9, all relating to establishing the
Model State Redistricting Reform Act.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators McCabe, Browning, Unger, Foster, Kessler (Acting
President), Klempa and Miller:
Senate Bill No. 410--A Bill to amend and reenact §11-6D-1,
§11-6D-2, §11-6D-3, §11-6D-4, §11-6D-5, §11-6D-6, §11-6D-7 and §11-6D-8 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new section, designated
§11-6D-9, all relating to extending the alternative fuel motor
vehicle tax credit; making additional legislative findings;
providing for tax credits for qualified alternative fuel vehicles
and refueling infrastructure; establishing the amount of credit
available; establishing the period of time the credit is available;
eliminating the requirement for the credit to be taken over a
three-year period; eliminating some definitions and defining other
terms; requiring the Tax Commissioner to promulgate new rules; and
allowing for the carryover and recapture of the tax credit.
Referred to the Committee on Finance.
By Senators Edgell, Unger, Plymale, Tucker, Boley, Foster,
Browning, Jenkins, Kessler (Acting President), Klempa, Miller and
McCabe:
Senate Bill No. 411--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §4-1-24, relating to providing that faculty and staff at
state institutions of higher education are eligible to a seat in
the Legislature.
Referred to the Committee on Education; and then to the
Committee on the Judiciary.
By Senators Foster, Kessler (Acting President), Plymale and
McCabe:
Senate Bill No. 412--A Bill to amend and reenact §50-1-4 of
the Code of West Virginia, 1931, as amended, relating to increasing educational requirements for magistrates.
Referred to the Committee on the Judiciary.
By Senators Snyder, Klempa, Yost, McCabe, Unger and D.
Facemire:
Senate Bill No. 413--A Bill to amend and reenact §19-23-5 and
§19-23-6 of the Code of West Virginia, 1931, as amended, all
relating to changing the title of the West Virginia Racing
Commission's racing secretary to executive director.
Referred to the Committee on Government Organization.
By Senators McCabe and Snyder:
Senate Bill No. 414--A Bill to amend and reenact §5A-10-1,
§5A-10-2, §5A-10-3, §5A-10-5, §5A-10-6 and §5A-10-9 of the Code of
West Virginia, 1931, as amended; and to amend said code by adding
thereto two new sections, designated §5A-10-12 and §5A-10-13, all
relating to the responsibilities of the Real Estate Director;
permitting the director to acquire real property; permitting the
contracting for third-party real estate services; permitting the
spending units to be billed for the actual costs of those third-
party services; billing the spending units for the services of the
Real Estate Division; creating the Real Property Fund; establishing
what revenues are to be deposited into that fund; requiring certain
revenues to be deposited into the fund instead of the General
Revenue Fund; establishing what moneys from the fund may be used
for; and exempting real property owned by the Department of
Agriculture and the West Virginia State Conservation Committee from
certain accounting and reporting requirements.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Browning and Plymale:
Senate Bill No. 415--A Bill to amend and reenact §18-5-4 of
the Code of West Virginia, 1931, as amended, relating to
compensation of board of education members that serve in a school
district with more than twenty thousand students.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators McCabe, Snyder and Klempa:
Senate Bill No. 416--A Bill to amend and reenact §29-6-4 of
the Code of West Virginia, 1931, as amended, relating to expanding
the number of hours temporary state personnel may work in a
calendar year.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
Senators Stollings, Browning, Klempa, Plymale and McCabe
offered the following resolution:
Senate Concurrent Resolution No. 19--Requesting the Division
of Highways name WV 3 from the intersection with WV 94 to the
Raleigh County Line the "John Protan Highway".
Whereas, John Protan was born December 5, 1920, at Holden,
West Virginia, the son of the late Rose and Mike Protan; and
Whereas, John Protan started working in the coal mines at the
age of 17 to help support his family; and
Whereas, John Protan, in December 1942, enlisted in the Navy, where he became known as the "Knockout King of West Virginia," for
his successful boxing career, in which he won numerous amateur
championships and held two professional titles; and
Whereas, John Protan returned with his wife Doris to Highcoal,
West Virginia, and went back to work in the mines; and
Whereas, John Protan was elected Constable and then Sheriff of
Boone County in 1964, in what would be the beginning of a
productive, dedicated career in public service; and
Whereas, John Protan, during his terms as Sheriff of Boone
County, was twice elected as President of the West Virginia
Sheriff's Association and served for 38 years as the Boone County
Democratic Chairman; and
Whereas, John Protan is a dedicated public servant and all
West Virginians should be proud of his service to this state;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways name WV 3 from the intersection
with WV 94 to the Raleigh County Line the "John Protan Highway";
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 "John Protan Highway"; 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 to John Protan.
Which, under the rules, lies over one day.
Senators Laird, Unger, Foster, Browning, Jenkins, Kessler
(Acting President), Klempa, Yost, Minard, Green, Miller, Plymale
and McCabe offered the following resolution:
Senate Resolution No. 22--Designating February 3, 2011, as
"Crime Victims Day at the Legislature".
Whereas, The West Virginia Crime Victims Compensation Fund is
celebrating "Crime Victims Day at the Legislature" by providing all
of the crime victim agencies and individuals who serve victims of
crime an opportunity to educate the members of the Legislature and
the public about the many services available to assist victims of
crime and their families throughout our State; and
Whereas, The many agencies and individuals serving victims of
crime and their families in West Virginia strive to foster the
healing of victims and their families through treatment for their
many needs including, but not limited to, advocacy for and on
behalf of victims and their families, medical treatment and mental
health counseling, compensation and restitution; and
Whereas, The many organizations and individuals who provide
assistance to victims of crime and families make valuable
contributions to those who have been affected by crime in our
State; and
Whereas, West Virginia is proud of the accomplishments and
achievements of the many organizations and individuals who serve
the needs of victims of crime and appreciate their many
contributions to our communities; and
Whereas, There are also many victims or family members present on this special day to foster understanding by the public of the
effects of victimization; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 3, 2011, as "Crime
Victims Day at the Legislature"; and, be it
Further Resolved, That the Senate expresses its appreciation
to the many organizations which serve victims of crime and their
families throughout our state and for the dedication of those
individuals who serve these organizations; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate official with the West
Virginia Crime Victims Compensation Fund.
At the request of Senator Laird, 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. 18, Requesting DOH name
bridge on Corridor H in Moorefield, Hardy County, "Richard Lee
'Dickie' Moyers Veterans Memorial Bridge".
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 ninth order of business.
Senate Bill No. 254, Making supplementary appropriation of
federal funds to Development Office and Division of Human Services.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third 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, Edgell, D. Facemire, K. Facemyer, Foster,
Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller,
Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Tucker, Unger, Williams, Wills, Yost and Kessler (Acting
President)--30.
The nays were: None.
Absent: Chafin, Fanning, Wells and Tomblin (Mr.
President)--4.
Engrossed Senate Bill No. 254 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Edgell, D. Facemire, K. Facemyer, Foster, Green,
Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard,
Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Tucker, Unger, Williams, Wills, Yost and Kessler (Acting
President)--30.
The nays were: None.
Absent: Chafin, Fanning, Wells and Tomblin (Mr. President)--4.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 254) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley,
Browning, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall,
Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker,
Unger, Williams, Wills, Yost and Kessler (Acting President)--30.
The nays were: None.
Absent: Chafin, Fanning, Wells and Tomblin (Mr.
President)--4.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 254) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Bill No. 255, Making supplementary appropriation of
unappropriated moneys to various accounts.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third 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, Edgell, D. Facemire, K. Facemyer, Foster,
Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller,
Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Tucker, Unger, Williams, Wills, Yost and Kessler (Acting
President)--30.
The nays were: None.
Absent: Chafin, Fanning, Wells and Tomblin (Mr.
President)--4.
Engrossed Senate Bill No. 255 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Edgell, D. Facemire, K. Facemyer, Foster, Green,
Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard,
Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Tucker, Unger, Williams, Wills, Yost and Kessler (Acting
President)--30.
The nays were: None.
Absent: Chafin, Fanning, Wells and Tomblin (Mr.
President)--4.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 255) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley,
Browning, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall,
Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker,
Unger, Williams, Wills, Yost and Kessler (Acting President)--30.
The nays were: None.
Absent: Chafin, Fanning, Wells and Tomblin (Mr.
President)--4.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 255) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 256, Requiring sex offenders
verify e-mail and online identities.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third 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, Edgell, D. Facemire, K. Facemyer, Foster,
Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller,
Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Tucker, Unger, Williams, Wills, Yost and Kessler (Acting
President)--30.
The nays were: None.
Absent: Chafin, Fanning, Wells and Tomblin (Mr.
President)--4.
Engrossed Committee Substitute for Senate Bill No. 256 was
then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Edgell, D. Facemire, K. Facemyer, Foster, Green,
Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard,
Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Tucker, Unger, Williams, Wills, Yost and Kessler (Acting
President)--30.
The nays were: None.
Absent: Chafin, Fanning, Wells and Tomblin (Mr.
President)--4.
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. 256) passed with its title.
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.
Com. Sub. for Senate Bill No. 281, Criminalizing installation
of certain invasive software on mobile devices.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 349, Requiring bittering agent be placed in
certain engine coolants and antifreezes,.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The Senate proceeded to the eleventh order of business and the introduction of guests.
The Senate then proceeded to the thirteenth order of business.
At the request of Senator Green, unanimous consent being
granted, it was ordered that the Journal show had Senator Green
been present in the chamber on yesterday, Wednesday, February 2,
2011, he would have voted "yea" on the passage of Engrossed
Committee Substitute for Senate Bill No. 63.
On motion of Senator Unger, leaves of absence for the day were
granted Senators Tomblin (Mr. President), Fanning, Wells and
Chafin.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Unger, the Senate adjourned until
tomorrow, Friday, February 4, 2011, at 11 a.m.
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