sdj-24th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2010
TWENTY-FOURTH DAY
____________
Charleston, W. Va., Friday, February 5, 2010
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Jim Robinson, Elk Hills
Presbyterian Church, Charleston, West Virginia.
Pending the reading of the Journal of Thursday, February 4,
2010,
On motion of Senator Fanning, 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. 2503--A Bill to amend and
reenact §16-38-3 of the Code of West Virginia, 1931, as amended,
relating to requiring licensed tattoo artists to inform patrons, prior to performing the tattoo procedure, of the potential problems
that a tattoo may cause in relation to the clinical reading of
magnetic resonance imaging studies; requiring State Department of
Health to prepare written forms pertaining thereto.
Referred to the Committee on Health and Human Resources.
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. 4309--A Bill to authorize the Town of
Moorefield, the Hardy County Commission, and Hardy County's largest
corporate user of public wastewater facilities to construct and
maintain a state of the art regional wastewater treatment plant,
transmission lines and collection facilities for the purpose of
collecting, transporting and treating the wastewater from the Town
of Moorefield and the unincorporated areas of Hardy County;
authorizing the town, the county commission and Hardy County's
largest corporate user of public wastewater facilities to create
the Moorefield/Hardy County Wastewater Authority to assume
ownership of the facilities; membership; powers and duties; board
of directors; bylaws; rules; support, maintenance and operation;
funds; and severability.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
Executive Communications
The Clerk then presented a communication from His Excellency,
the Governor, advising that on February 4, 2010, he had approved
Enr. House Bill No. 4040.
The Senate proceeded to the fourth order of business.
Senator Prezioso, 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. 18, Allowing federal adjusted gross income
deduction for certain health insurance expenses.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 18 (originating in the Committee
on Health and Human Resources)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-21-12j, relating to allowing a decreasing
modification from federal adjusted gross income in determining West
Virginia taxable income for personal income tax purposes for the
amount spent by the taxpayer on specified health insurance;
specifying effective date; providing limitations and exclusions;
specifying no carryforward or carryback; and defining terms.
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,
Roman W. Prezioso, Jr.,
Chair.
The bill (Com. Sub. for S. B. No. 18), under the original
double committee reference, was then referred to the Committee on
Finance.
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. 128, Relating to Smart 529 college savings
plan.
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 Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 143, Relating to salary bonus for National
Board for Professional Teaching Standards certification.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 143 (originating in the
Committee on Education)--A Bill to amend and reenact §18A-4-2a of
the Code of West Virginia, 1931, as amended, relating to National
Board for Professional Teaching Standards certification; clarifying
that classroom teachers holding a valid renewal certificate receive
the salary bonus; providing reimbursement for the renewal
certification fee to each teacher who completes the renewal
process; and providing that classroom teachers holding the
certification who subsequently become employed in certain other
positions receive the salary bonus.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bill (Com. Sub. for S. B. No. 143), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Kessler, 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. 330, Creating WV Partnership to Promote
Community Well-Being Act.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Prezioso, 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. 365, Requiring pharmacies provide personnel
online access to controlled substances database.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 365 (originating in the
Committee on Health and Human Resources)--A Bill to amend and
reenact §60A-9-3 of the Code of West Virginia, 1931, as amended,
relating to updating the means of reporting information to the West
Virginia Controlled Substance Monitoring Program; and requiring all
pharmacies dispensing controlled substances to provide their personnel online access to the West Virginia Controlled Substance
Monitoring Program.
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,
Roman W. Prezioso, Jr.,
Chair.
The bill (Com. Sub. for S. B. No. 365), under the original
double committee reference, was then referred to the Committee on
the Judiciary.
Senator Kessler, 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. 380, Expanding animal fighting prohibitions.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 380 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §61-8-19a
of the Code of West Virginia, 1931, as amended; and to amend said
code by adding thereto a new section, designated §61-8-19c, all
relating to criminalizing as a felony engaging in animal fighting;
criminalizing possession, use, transport or sale of any device to
enhance an animal's fighting ability with the intent it be so used; and penalties.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, 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. 386, Increasing number of State Police.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 386 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §15-2-3 of
the Code of West Virginia, 1931, as amended, relating to the
structure of the West Virginia State Police; and increasing the
number of troopers.
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,
Jeffrey V. Kessler,
Chair.
The bill (Com. Sub. for S. B. No. 386), under the original
double committee reference, was then referred to the Committee on Finance.
Senator Prezioso, 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. 408, Authorizing DHHR promulgate legislative
rule relating to out-of-school-time child care center licensing
requirements.
And reports the same back with the recommendation that it do
pass; 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,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
Senator Kessler, 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. 420, Denying certain retired troopers from
carrying handguns.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators Plymale, Wells, Tomblin (Mr. President), White,
Unger, Edgell, Oliverio, Barnes, Jenkins, Bowman, Foster, Guills,
Laird, Browning, Chafin, Yost, Kessler, Stollings and Prezioso:
Senate Bill No. 480--A Bill to repeal §18-23-4a of the Code of
West Virginia, 1931, as amended; to repeal §18B-8-3a of said code;
to repeal §18B-9-2a, §18B-9-5, §18B-9-7, §18B-9-8, §18B-9-9, §18B-
9-10 and §18B-9-12 of said code; to amend and reenact §18B-1-2 of
said code; to amend and reenact §18B-1B-5 of said code; to amend
and reenact §18B-2A-3 of said code; to amend and reenact §18B-2B-3
of said code; to amend and reenact §18B-3-1 and §18B-3-3 of said
code; to amend said code by adding thereto a new section,
designated §18B-3C-7a; to amend and reenact §18B-4-1 of said code;
to amend said code by adding thereto a new section, designated
§18B-4-2a; to amend and reenact §18B-7-1, §18B-7-2, §18B-7-3, §18B-
7-4, §18B-7-5, §18B-7-6, §18B-7-7, §18B-7-8, §18B-7-9, §18B-7-10,
§18B-7-11 and §18B-7-12 of said code; to amend said code by adding thereto four new sections, designated §18B-7-13, §18B-7-14, §18B-7-
15 and §18B-7-16; to amend and reenact §18B-8-1, §18B-8-3, §18B-8-
4, §18B-8-5 and §18B-8-6 of said code; to amend said code by adding
thereto a new section, designated §18B-8-2; to amend and reenact
§18B-9-1, §18B-9-2, §18B-9-3 and §18B-9-4 of said code; and to
amend said code by adding thereto a new article, designated §18B-
9A-1, §18B-9A-2, §18B-9A-3, §18B-9A-4, §18B-9A-5, §18B-9A-6, §18B-
9A-7 and §18B-9A-8, all relating to public higher education
personnel generally; state organizations of higher education;
establishing classification and compensation for certain employees;
specifying powers and duties; providing legislative purposes and
intent; providing certain definitions; requiring certain
professional staff positions; setting forth minimum qualifications
and specifying duties; requiring organization rulemaking;
specifying applicability of certain statutes and rules and
providing certain exceptions; setting forth relationships among
certain higher education organizations; designating names for
certain community and technical colleges; authorizing certain
supplemental retirement and health and welfare benefit plans for
certain employees; providing for certain employer and employee
matches; authorizing employee payroll deductions; requiring
establishment of continuing education and professional development
programs for certain employees; setting forth certain employment
practices; requiring certain periodic reports; specifying data to be included in reports and designating report due dates; providing
certain exceptions to report due dates; requiring periodic audits
of human resources functions at certain higher education
organizations; setting forth purposes of audits; specifying audit
criteria and designating completion dates; requiring prior notice
of audits; setting forth certain exceptions; authorizing
compensatory time off for certain employees in certain instances;
setting forth conditions; defining "nonclassified" employees;
limiting percentage of employees designated as "nonclassified";
establishing formula for calculating percentage; providing
effective date for meeting percentage limits and requiring
compliance reports; authorizing certain employment by mutual
agreement; setting forth terms, conditions and applicability of
agreements; requiring probationary period for certain employees;
authorizing catastrophic leave banks and leave transfer for certain
employees; setting forth terms and conditions for participation;
codifying certain current practices; authorizing merit salary
increases for certain employees under certain conditions; requiring
study of certain employment practices; requiring report and
specifying data and report due date; requiring faculty salary rules
and providing for salary increases in certain instances;
authorizing sabbatical leaves for certain professional personnel;
specifying terms and conditions for participation; maintaining
certain rights and benefits during leaves of absences under certain circumstances; requiring definition of certain terms; requiring
notice of employment decisions to probationary faculty members by
certain date and providing for hearings in certain instances;
specifying authority of Higher Education Policy Commission and
Council for Community and Technical College Education over employee
classification and compensation system; stating legislative intent
regarding funding for certain employee salary schedules; specifying
applicability of certain statutes; establishing certain terms and
conditions and providing certain exceptions; providing formulas for
making certain salary calculations; requiring certification of
certain higher education organizations relating to certain salary
funding requirements; specifying applicability of certain rules;
requiring review and approval process for certain rules and
specifying responsibilities of certain professional personnel
relating to rulemaking; providing short title designation;
requiring maintenance of uniform job classification system;
establishing job classification committee and specifying
membership, organization and powers and duties; assigning certain
other powers and duties relating to job classification;
establishing compensation planning and review committee and
specifying membership, organization and powers and duties;
requiring establishment of market salary structures and minimum
salary schedules; requiring periodic updates; specifying certain
other related powers and duties; requiring periodic market salary studies; specifying application of study findings; requiring
certain salary comparisons; establishing limit on variations of
average salaries among employee classes; specifying authority and
duty of Higher Education Policy Commission and Council for
Community and Technical College Education over classification and
compensation system; requiring promulgation of certain personnel
rules by certain date; authorizing emergency rules with prior
approval; establishing parameters for rules; specifying mechanisms
for correcting identified deficiencies and requiring and
authorizing certain sanctions in certain instances; providing for
hearing employee appeals; requiring employee performance
evaluations; requiring certain training for supervisory personnel;
establishing terms and conditions for exercising certain
operational flexibilities for certain organizations; establishing
certain goals for implementing certain statutes and rules and
fixing certain implementation responsibilities; making technical
corrections; and deleting obsolete language.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Minard, Jenkins, Unger and Chafin:
Senate Bill No. 481--A Bill to amend and reenact §10-1-20 the
Code of West Virginia, 1931, as amended, relating to requiring the
Library Commission to propose a legislative rule regarding the way
that grants-in-aid are distributed to libraries.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Minard and Chafin:
Senate Bill No. 482--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §16-5W-1, §16-5W-2 and §16-5W-3, all relating to
creating the Long-Term Care Facility Safety Act; requiring the
Secretary of the Department of Health and Human Resources to
propose legislative rules concerning access to long-term care
facilities; identification of applicants subject to the Sex
Offender Registration Act; and requiring that information about the
sex offender registry be given to residents and their families upon
admission to a long-term care facility.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Minard and Chafin:
Senate Bill No. 483--A Bill to amend and reenact §33-25A-5 of
the Code of West Virginia, 1931, as amended, relating to health
maintenance organizations; authority to provide a point of service
option; and authority to develop standards for a point of service
option by emergency rule.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Banking and Insurance.
By Senators Sypolt, Hall, Stollings, D. Facemire, Williams, Yost, Helmick, Fanning, Jenkins, Unger, White, Plymale and McCabe:
Senate Bill No. 484--A Bill to amend and reenact §19-25-2 of
the Code of West Virginia, 1931, as amended, relating to limiting
a landowner from civil liability for injuries that may occur to a
person or property on the landowner's property or surrounding
property caused while hunting.
Referred to the Committee on the Judiciary.
By Senators Sypolt, Barnes, Yost, Hall, Stollings, Boley and
Chafin:
Senate Bill No. 485--A Bill to amend and reenact §7-10-4 of
the Code of West Virginia, 1931, as amended, relating to requiring
a humane officer to notify the magistrate court when the officer
has taken into custody an animal that has been abandoned or
neglected.
Referred to the Committee on the Judiciary.
By Senators Jenkins, Browning, Wells, McCabe, Williams,
Foster, Stollings, Green, D. Facemire, Fanning, Palumbo, Laird,
Caruth, Sypolt, Hall, Guills, Boley, K. Facemyer, Barnes, Deem,
Oliverio, Yost, Kessler, Plymale and Prezioso:
Senate Bill No. 486--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §55-7E-1, §55-7E-2, §55-7E-3, §55-7E-4 and §55-7E-5, all
relating to filing of claims for asbestos; disclosures regarding
existing and anticipated claims involving asbestos bankruptcy trusts; defendants' rights in asbestos action to require claimant
to show cause regarding additional bankruptcy trust claims;
certification of cause of action by court; discovery of materials
from bankruptcy trusts; value of trust claims; sanctions for
noncompliance; and rights of setoff.
Referred to the Committee on the Judiciary.
By Senators Kessler, White and Yost:
Senate Bill No. 487--A Bill to amend and reenact §21-3-10a of
the Code of West Virginia, 1931, as amended, relating to requiring
twenty consecutive minutes for meal breaks and fifteen-minute rest
periods for employees during each four hours of work.
Referred to the Committee on Labor; and then to the Committee
on Finance.
By Senator Browning:
Senate Bill No. 488--A Bill to amend and reenact §5B-1-1a of
the Code of West Virginia, 1931, as amended, relating to
authorizing the Marketing and Communications Office of the
Department of Commerce to promote and sell West Virginia-related
items, as well as sell advertising in its publications, events or
promotions.
Referred to the Committee on Government Organization.
By Senators Unger and Chafin:
Senate Bill No. 489--A Bill to amend and reenact §22-15A-16 of
the Code of West Virginia, 1931, as amended, relating to determining the status of recycling goals; and conducting study to
determine recycling rate in West Virginia.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Kessler, Laird, Palumbo, Barnes, Foster, Unger,
Oliverio, White, Wells and Plymale:
Senate Bill No. 490--A Bill to amend and reenact §48-27-202,
§48-27-503, §48-27-505, §48-27-901 and §48-27-903 of the Code of
West Virginia, 1931, as amended, all relating to prevention and
treatment of domestic violence; providing that family court judges
may make orders last for longer periods of time; including in the
definition of "domestic violence" the utilization of cruelty or
other actions to family pets and other animals; closing a loophole
in the use of bonds to prevent future domestic violence; and making
second and subsequent offenses of violations of a protective order
a felony.
Referred to the Committee on the Judiciary.
By Senators Laird, Browning, Barnes, Jenkins, Prezioso,
Foster, Stollings, Plymale, Tomblin (Mr. President), Unger, White
and Kessler:
Senate Bill No. 491--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §61-12A-1, §61-12A-2, §61-12A-3 and §61-12A-4, all
relating to the creation of the Unintentional Pharmaceutical Drug Overdose Fatality Review Team; setting forth membership of the
team; setting forth responsibilities of the team; requiring the
examination and the provision of preventative education in cases
that involve unintentional pharmaceutical drug overdose deaths;
requiring other state agencies to cooperate with the team; and
granting rule-making authority.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Government Organization.
By Senators White and Laird:
Senate Bill No. 492--A Bill to amend and reenact §20-5-3 of
the Code of West Virginia, 1931, as amended, relating to
transferring operation of Big Ditch Lake from the Division of
Natural Resources Wildlife Resources Section to the Parks and
Recreation Section.
Referred to the Committee on Natural Resources.
By Senators McCabe, Browning, Barnes, Green, Foster, D.
Facemire, Laird, Unger, Plymale, K. Facemyer, Williams, Snyder,
Wells, Hall, Stollings, Jenkins, Chafin, White and Kessler:
Senate Bill No. 493--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §11-6K-1, §11-6K-2, §11-6K-3, §11-6K-4, §11-6K-5, §11-
6K-6 and §11-6K-7; and to amend said code by adding thereto a new
article, designated §11-13AA-1, §11-13AA-2, §11-13AA-3, §11-13AA-4,
§11-13AA-5, §11-13AA-6, §11-13AA-7, §11-13AA-8, §11-13AA-9, §11-13AA-10, §11-13AA-11, §11-13AA-12, §11-13AA-13, §11-13AA-14, §11-
13AA-15, §11-13AA-16, §11-13AA-17 and §11-13AA-18, all relating
generally to the West Virginia Economic Development Act of 2010,
consisting of the Twenty-First Century Business Technologies
Property Valuation Act and, as to such act, specifying method for
valuation of certain property; providing for initial determination
by county assessors of whether certain property is used in a
twenty-first century business technology; specifying procedure for
protest and appeal of determination by county assessor; requiring
the West Virginia Development Office to report to the Joint
Committee on Government and Finance on the economic impact of such
valuation beginning in 2014; consisting of the West Virginia
Twenty-First Century Tax Credit Act, and as to such act, providing
short title, setting forth purpose and legislative findings;
defining terms; allowing credit and exemption from certain taxes;
providing for computation of credit, application of credit and
period for which credit is allowed; requiring application to claim
credit; requiring that new jobs be good-paying jobs with health
benefits; requiring identification of investment credit property
and recomputation of credit in event of premature disposition of
investment property; providing for forfeiture of unused tax credits
and redetermination of credit allowed; imposing recapture tax under
specified circumstances; allowing transfer of qualified investment
to successors; providing rules for interpretation and construction of act; providing for tax credit review and accountability;
specifying effective date; and providing severability clause.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Kessler and Chafin:
Senate Bill No. 494--A Bill to amend and reenact §44-3-1 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §44-3A-35 of said code, all relating to administration of
estates; fiduciary commissioners; optional procedure for proof and
allowance of claims against estates of decedents; and providing for
oversight of fiduciary commissioners by county clerks and county
commissions.
Referred to the Committee on the Judiciary.
By Senators Minard and Plymale:
Senate Bill No. 495--A Bill to amend and reenact §50-1-4 of
the Code of West Virginia, 1931, as amended, relating to the
educational background of magistrates.
Referred to the Committee on the Judiciary.
By Senators Williams, Caruth, Stollings and Plymale:
Senate Bill No. 496--A Bill to amend and reenact §22-1-9 of
the Code of West Virginia, 1931, as amended, relating to allowing
the Environmental Protection Advisory Council to review, adopt and
eliminate rules exceeding applicable federal standards promulgated
pursuant to this article; and granting council mandatory rule-making authority.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Jenkins, Unger, Chafin and Williams:
Senate Bill No. 497--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §5B-2H-1, §5B-2H-2, §5B-2H-3, §5B-2H-4, §5B-2H-5 and
§5B-2H-6, all relating to creating the West Virginia Small Business
Assistance Program Act to promote improvement of competitiveness of
the state's small business community and to encourage
entrepreneurial development; short title; declaration of policy;
statement of purposes; definition; promulgation of rules; and
proposal of legislation.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Kessler and Chafin:
Senate Bill No. 498--A Bill to amend and reenact §9-6-1 of the
Code of West Virginia, 1931, as amended, relating to amending the
civil definition of "neglect" by making it congruent with the
definition of "criminal neglect".
Referred to the Committee on the Judiciary.
Senators Snyder, Unger, Chafin, Minard, Plymale and McCabe
offered the following resolution:
Senate Concurrent Resolution No. 17--Requesting the Joint Committee on Government and Finance to study funding sources for
capital improvements for public facilities made necessary by the
imposition of nutrient removal requirements.
Whereas, The protection and promotion of the environmental
health and integrity of the Chesapeake Bay is in the best interests
of the State of West Virginia; and
Whereas, West Virginia is one of six states that have agreed
to reduce the amount of nutrients contributed to the Chesapeake Bay
by sources located within its jurisdiction; and
Whereas, A holistic program, while assuring the protection of
the Chesapeake Bay, must include: (1) A nutrient trading and off-
set program to allow for efficiencies within the watershed to
assure that public moneys are placed to best use; and (2) a capital
improvement program to assist those required to install capital
improvements to obtain the reductions in nutrients previously
agreed to by the state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study funding sources for capital improvements for
public facilities made necessary by the imposition of nutrient
removal requirements; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2011, on
its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from the legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators Caruth and Deem offered the following resolution:
Senate Concurrent Resolution No. 18--Requesting the Joint
Committee on Government and Finance study the economic impact of
state and federal prevailing wage laws in West Virginia.
Whereas, The Legislature desires to provide the citizens of
this state with a sustainable working wage while maximizing the
economic and financial returns from state expenditures; and
Whereas, A need exists to analyze the benefits and costs
associated with the mandates of various prevailing wage laws,
including the prevailing wage laws of this state, as well as
federal laws such as the Davis-Bacon Act; and
Whereas, The Legislature needs to examine the effect of these
laws on development opportunities, taxpayer spending and potential
taxpayer savings; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the economic impact of state and federal prevailing wage laws in West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2011, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators Laird, Plymale, Oliverio, Williams, Kessler, Jenkins,
Unger, White, Stollings and McCabe offered the following
resolution:
Senate Concurrent Resolution No. 19--Requesting the Joint
Committee on Government and Finance to study the efficiency and
effectiveness of forensic services of West Virginia and to
determine what options may be available to provide accurate and
impartial forensic evidence support services through entities in
addition to, or in lieu of, those services currently provided by
the West Virginia State Police Forensic Laboratories.
Whereas, The efficient, accurate and impartial examination of
forensic evidence in accordance with the highest standards of
professionalism is deemed to be an indispensable element within our criminal justice system; and
Whereas, There currently exists within the State of West
Virginia increased concerns about overcrowding in regional jails,
the effects of which may in part be attributed to pretrial delays
resulting from the backlog, delay, or other inefficiencies in the
processing of forensic evidence by the West Virginia State Police
Forensic Laboratory; and
Whereas, In 2009, the National Research Council of the
National Academy of Sciences completed a research report entitled
"Strengthening Forensic Science in the United States: A Path
Forward" and that a portion of the report included a
recommendation, among others, that to improve the scientific basis
of forensic science examinations and to maximize independence from
or autonomy within the law-enforcement community, state and local
jurisdictions should remove all public forensic laboratories and
facilities from the administrative control of law-enforcement
agencies or prosecutors' office; and
Whereas, There may be some basis for concern about the current
capability of the West Virginia State Police Forensic Laboratory to
continue to employ and retain well qualified professionals
responsible for the processing and testing of forensic evidence at
their current laboratory facility; and
Whereas, In more recent years there has been substantial
development and expansion of forensic science programs at certain academic institutions of higher education within the State of West
Virginia who may now be capable of providing or assisting in the
delivery of forensic science support services to law-enforcement
agencies throughout the state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the delivery of forensic laboratory services for
law-enforcement agencies throughout the State of West Virginia for
purposes of determining what options may be available to improve
the efficiency and effectiveness of these essential support
services; and, be it
Further Resolved, That scope of this study shall include, but
not be limited to, the examination of certain performance
indicators related to the timelines of the processing of evidence
items by the various sections within the West Virginia State Police
Forensic Laboratory, the impact of any backlog in the processing of
evidence on the timely adjudication and trial of criminal
defendants by the courts and overcrowding in regional jails, and
such other areas related to an assessment of the implications of
the efficiencies in the processing of evidence by the State Police
Forensic Laboratory as may be deemed relevant and appropriate; and,
be it
Further Resolved, That an assessment be made of the current
forensic laboratory capabilities existing at Marshall University, West Virginia University, or any other institute of higher
education within the State of West Virginia having an accredited
forensic science program for purposes of determining whether any
such institution of higher education has the current or future
capabilities to assume, in whole or in part, any of the forensic
science testing services now being exclusively preformed by the
West Virginia State Police Forensic Testing Laboratory; and, be it
Further Resolved, That a final report be prepared to include
specific recommendations concerning the improved delivery of
forensic science services in the State of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature in 2011 on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators Boley, Barnes, Hall, Deem, Caruth, Sypolt, K.
Facemyer, Guills and Plymale offered the following resolution:
Senate Concurrent Resolution No. 20--The Legislature of West
Virginia reasserts the State of West Virginia's sovereignty under the Tenth Amendment to the Constitution of the United States over
certain powers and serving notice to the federal government to
cease and desist certain mandates.
Whereas, The Tenth Amendment to the Constitution of the United
States reads as follows: "The powers not delegated to the United
States by the Constitution, nor prohibited by it to the states, are
reserved to the states respectively, or to the people"; and
Whereas, The Tenth Amendment defines the total scope of
federal power as being that specifically granted by the
Constitution of the United States and no more and the scope of
power defined by the Tenth Amendment means that the federal
government was created by the states specifically to be an agent of
the states; and
Whereas, Today, in 2010, the states are demonstrably treated
as agents of the federal government and many federal mandates are
directly in violation of the Tenth Amendment to the Constitution of
the United States; and
Whereas, The United States Supreme Court has ruled in
New York
v. United States, 112 S. Ct. 2408 (1992), that Congress may not
simply commandeer the legislative and regulatory processes of the
states; and
Whereas, Any Act by the Congress of the United States,
Executive Order of the President of the United States of America,
or Judicial Order by the judicatories of the United States of America which assumes a power not delegated to the government of
the United States of America by the Constitution of the United
States of America and which serves to diminish the liberty of any
of the several states or their citizens constitutes a nullification
of the Constitution of the United States of America by the
government of the United States of America; and
Whereas, A number of proposals from previous administrations
and some now pending from the present administration and from
Congress may further violate the Constitution of the United States;
therefore, be it
Resolved by the Legislature of West Virginia:
That the State of West Virginia reasserts sovereignty under
the Tenth Amendment to the Constitution of the United States over
all powers not otherwise enumerated and granted to the federal
government by the Constitution of the United States; and, be it
Further Resolved, That all compulsory federal legislation that
directs states to comply under threat of civil or criminal
penalties or sanctions or requires states to pass legislation or
lose federal funding be prohibited or repealed; and, be it
Further Resolved, That the Clerks of both houses forward a
copy of this resolution to President Barack Obama and all members
of West Virginia's Congressional Delegation.
Which, under the rules, lies over one day.
Senators Wells, Palumbo, Foster and McCabe offered the following resolution:
Senate Concurrent Resolution No. 21--Requesting the Division
of Highways name bridge number 20-79-1.03, located in Kanawha
County, the "Private First Class Charles M. Conner Memorial
Bridge".
Whereas, Charles M. Conner was born on October 20, 1924, to
the late Janet and Clyde Conner of Charleston, West Virginia; and
Whereas, Charles M. Conner enlisted in the United States Army
in 1943, after graduating from Elkview High School; and
Whereas, Charles M. Conner served in Company B, 116th Infantry
Regiment of the 29th Division and landed in the first wave on Omaha
Beach on D-Day; and
Whereas, Charles M. Conner was one of three soldiers out of 30
in his landing craft to survive the invasion; and
Whereas, Charles M. Conner was wounded seven days later in
France and spent two years in rehabilitation at Ashford General
Hospital at The Greenbrier in White Sulphur Springs; and
Whereas, Charles M. Conner was awarded the Purple Heart and
Bronze Star for his heroism; and
Whereas, Charles M. Conner returned to Charleston and became
an operating engineer until his retirement in 1985; and
Whereas, Charles M. Conner was a member of St. Anthony
Catholic Church, member of the Disabled American Veterans and past
commander of the Purple Heart in Charleston; and
Whereas, Charles M. Conner was married to his beloved wife of
59 years, Dolores, with whom he shared the joy of having four
children, Charlie Jr., Jerry, Diana and Jack; and
Whereas, Sadly, Charles M. Conner passed away on June 19,
2007, leaving behind a host of family and friends to cherish his
memory; and
Whereas, It is fitting, to honor Charles M. Conner for his
service to his community, state and country, by naming bridge
number 20-79-1.03, located in Kanawha County, the "Private First
Class Charles M. Conner Memorial Bridge"; therefore, be it
Resolved by the Legislature:
That the Legislature hereby requests the Division of Highways
name bridge number 20-79-1.03, located in Kanawha County, the
"Private First Class Charles M. Conner Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the bridge
as the "Private First Class Charles M. Conner Memorial Bridge";
and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and the family of Charles M.
Conner.
Which, under the rules, lies over one day.
Senators Williams, Caruth, Minard, Kessler and McCabe offered the following resolution:
Senate Concurrent Resolution No. 22--Requesting the Joint
Committee on Government and Finance study the burden of taxes and
fees imposed by the State of West Virginia upon the coal industry.
Whereas, The coal industry is and has been for many years an
integral part of the economic and social fabric of the state; and
Whereas, Whole communities in this state rely in large part,
if not completely, on the coal industry for their continuing
vitality; and
Whereas, The coal industry remains essential to economic
growth and progress in West Virginia and the United States; and
Whereas, Coal continues to sustain our economy and provides
the financial security as future diversity and expansion of our job
base is explored; and
Whereas, Coal can help provide a dependable domestic source of
energy in light of concerns our nation has become dependent on
energy sources from foreign sources that may not be reliable in the
long-term; and
Whereas, It is critical to regularly reassess the burden of
taxes and fees by the State of West Virginia upon the coal industry
as compared to the burden said industry must bear in other coal-
producing states and the overall economic impact of the coal
industry within West Virginia for our economic prosperity and
security; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the burden of taxes and fees imposed by the
State of West Virginia upon the coal industry; and, be it
Further Resolved, Said study shall be conducted with the aid
of West Virginia University and Marshall University; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2011, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators Snyder, Tomblin (Mr. President), McCabe, Foster,
Palumbo, Wells, Kessler, Helmick, Minard, Stollings, Prezioso,
Plymale, Jenkins, Deem, D. Facemire, K. Facemyer, Edgell, White,
Green, Fanning, Oliverio, Bowman, Hall, Sypolt, Unger, Browning,
Chafin, Williams, Yost and Laird offered the following resolution:
Senate Resolution No. 16--Recognizing the contributions of
West Virginia women who served their nation as Women Ordinance
Workers during World War II.
Whereas, During World War II with most of America's men
serving in the armed forces of our nation on battlefields around
the globe, millions of women around the nation rallied to the call
to help keep our nation's industrial productivity operational; and
Whereas, These women, officially called "Women Ordinance
Workers", filled the industrial void to produce such products as
airplanes, ships and vehicles. They worked on assembly lines in
our nation's industries as riveters, welders and machinists. They
served as health care personnel and also laboratory personnel.
They were also record keepers, writers and bookkeepers; and
Whereas, The Women Ordinance Workers, later nicknamed "Rosie
the Riveters", were dedicated patriotic women who were performing
many tasks considered as men's work, as their husbands, brothers
and sons served in the armed forces and battled the enemy on
foreign soil; and
Whereas, Many women from West Virginia are documented to have
worked not only in their home state, but were deployed to other
parts of the nation; and
Whereas, As these women rallied to the call of a nation at
war, they did so at a great personal sacrifice, many leaving their
children with family members at a time when communications around
the nation were limited; and
Whereas, While popular songs and movies have immortalized
their actions, they remain unrecognized heroes for their efforts in helping to gain victory and maintain freedom around the world; and
Whereas, Many communities in West Virginia welcomed these
women, and are beginning to recognize their efforts. The city of
St. Albans has been the first to designate their community as a
"Rosie the Riveters Community" in tribute to the service of Women
Ordinance Workers; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the contributions of West
Virginia women who served their nation during World War II as Women
Ordinance Workers, also known as "Rosie the Riveters", by keeping
the nation's industrial manufacturing capabilities operational;
and, be it
Further Resolved, That the Senate extends its sincere
appreciation to all West Virginia women who unselfishly served
their nation by keeping the nation's industrial production lines
functioning during World War II; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate representatives of
Thanks! Plain and Simple, Inc.
At the request of Senator Foster, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Petitions
Senator Williams presented a petition from Brannon Jones and
numerous Taylor County Middle School eighth grade students and
faculty, requesting the Legislature to name the greyhound as the
official state dog.
Referred to the Committee on Government Organization.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
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. 499 (originating in the Committee on
Education)--A Bill to amend the Code of West Virginia, 1931, as
amended, by adding thereto a new section, designated §18B-3C-7a,
relating to changing the name of the Community and Technical
College at West Virginia University Institute of Technology to
Bridgemont Community and Technical College; changing the name of
Marshall Community and Technical College to Mountwest Community and
Technical College; and changing the name of West Virginia State
Community and Technical College to Kanawha Valley Community and
Technical College.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Concurrent Resolution No. 23 (originating in the
Committee on Education)--Requesting the Joint Committee on
Government and Finance study the issue of reducing school dropouts
in West Virginia.
Whereas, Subcommittee C of the Joint Standing Committee on
Education and Subcommittee C of the Joint Standing Committee on the
Judiciary jointly conducted a review of truancy issues during the
2009-2010 interim period; and
Whereas, Subcommittee C of the Joint Standing Committee on
Education recommended legislation increasing the compulsory school
attendance age to 17 and defining truancy as 5 unexcused absences
during the school year; and
Whereas, A Subcommittee of the Senate Education Committee was
formed during the 2010 session of the Legislature to further study
the dropout issue; and
Whereas, The school dropout issue is such an important issue
that further study of the issue should be conducted; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the issue of reducing school dropouts in West
Virginia; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2011, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted; but with the further recommendation that it first be
referred to the Committee on Rules.
Respectfully submitted,
Robert H. Plymale,
Chair.
On motion of Senator Plymale, the resolution (S. C. R. No. 23)
contained in the preceding report from the Committee on Education
was referred to the Committee on Rules.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Resolution No. 17 (originating in the Committee on
Education)--Strongly encouraging all judicial circuits and county
boards of education to implement a new approach to addressing
truancy that is similar to the approach being implemented in
Nicholas and Taylor counties.
Whereas, A new approach to addressing truancy is being taken
in Nicholas and Taylor counties; and
Whereas, The new approach includes adjudication of a truant
student as a status offender and putting him or her on a plan of
improvement which is then monitored by a juvenile probation officer
in cooperation with school personnel; and
Whereas, The new approach also uses the child abuse and
neglect laws with the potential for removal of a child from the
home and placement with the Department of Health and Human
Resources to enforce the responsibility of parents to ensure their
children's attendance; and
Whereas, Under the new approach, the role of the juvenile
probation officer in working with school personnel is to enforce
the plan of improvement, including looking at the student's home
environment, receive monthly reports from the school on attendance
and grades, and monitor the frequency of medical excuses; and
Whereas, The juvenile probation officer will contact the doctor's office if medical excuses for absences are excessive, and
if necessary, can subpoena the doctor to attend hearings; and
Whereas, Testimony to a joint meeting of Subcommittee C of the
Joint Standing Committee on Education and Subcommittee C of the
Joint Standing Committee on the Judiciary indicated that under the
new supervised probation approach for truant students, 65 percent
of them are attending regularly while none of them were under the
traditional approach; therefore, be it
Resolved by the Senate:
All judicial circuits and county boards of education are
hereby strongly encouraged to implement a new approach to
addressing truancy that is similar to the approach being
implemented in Nicholas and Taylor counties; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the West Virginia Supreme Court of
Appeals for distribution to all 31 judicial circuits and to the
West Virginia Department of Education for distribution to all 55
county boards of education.
And,
Senate Resolution No. 18 (originating in the Committee on
Education)--Requesting the ad hoc committee of the Senate formed
for the purpose of studying substance abuse in the state of West
Virginia to include in its study an in depth review of the
relationship between substance abuse and high school dropouts and an in depth review of existing programs in West Virginia such as
Cabell County's drug testing program for certain students.
Whereas, The Senate President has formed an ad hoc committee
of the Senate to study substance abuse in the state of West
Virginia; and
Whereas, Testimony before a joint meeting of Subcommittee C of
the Joint Standing Committee on Education and Subcommittee C of the
Joint Standing Committee on the Judiciary during 2009-2010 interim
meetings indicated that a lot of the abuse and neglect caseload is
related to drug and alcohol abuse, particularly in the case of
parents of young children who fail to get them up for school in the
morning; and
Whereas, Cabell County Schools has implemented a drug testing
program for certain students that would be helpful for the ad hoc
committee to review; therefore, be it
Resolved by the Senate:
That the ad hoc committee of the Senate formed for the purpose
of studying substance abuse in the state of West Virginia include
in its study an in depth review of the relationship between
substance abuse and high school dropouts and an in depth review of
existing programs in West Virginia such as Cabell County's drug
testing program for certain students; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the members of the ad hoc committee of the Senate formed for the purpose of studying substance abuse in
the state of West Virginia.
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
Robert H. Plymale,
Chair.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 16, Requesting Joint
Committee on Government and Finance study educational and
communication barriers of deaf or hard of hearing children.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Education;
and then to the Committee on Rules.
The Senate proceeded to the ninth order of business.
Senate Bill No. 381, Regulating ability of Division of Banking
employees to obtain certain loans.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
Senate Bill No. 405, Authorizing DEP promulgate legislative
rule relating to oil and gas wells and other wells.
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 proceeded to the thirteenth order of business.
Senator Barnes called attention to today being the birthday of
the senator from Kanawha and on behalf of the Senate extended
felicitations and good wishes to Senator Wells, with Senator Barnes
leading the members in singing "Happy Birthday".
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
Monday, February 8, 2010, at 11 a.m.
____________
Webmaster | © 2024 West Virginia Legislature **
