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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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