Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home
SENATE (2010)(RS):| Bills Introduced | Bill History | Topical Index | Committee Schedule | Calendar | Journal | Menu |

Senate Journal




Day 1
Day 2
Day 3
Day 6
Day 7
Day 8
Day 9
Day 10
Day 13
Day 14
Day 15
Day 16
Day 17
Day 20
Day 21
Day 22
Day 23
Day 24
Day 27
Day 28
Day 29
Day 30
Day 31
Day 34
Day 35
Day 36
Day 37
Day 38
Day 41
Day 42
Day 43
Day 44
Day 45
Day 48
Day 49
Day 50
Day 51
Day 52
Day 55
Day 56
Day 57
Day 58
Day 59
Day 60
Day 61
Day 62
Day 63
Day 64
Day 65
Day 66
Day 67
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.
____________

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ****