Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home
SENATE (2011)(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
sdj-24th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2011

TWENTY-FOURTH DAY

____________

Charleston, W. Va., Friday, February 4, 2011

The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)

Prayer was offered by the Reverend Ricardo Flippin, West Virginia Council of Churches, Charleston, West Virginia.
Pending the reading of the Journal of Thursday, February 3, 2011,
On motion of Senator Plymale, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Clerk presented the following communication, which was received:
OFFICE OF THE CLERK

WEST VIRGINIA HOUSE OF DELEGATES

CHARLESTON

February 3, 2011

The Honorable Darrell E. Holmes
Clerk, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Mr. Clerk:
This letter is to inform you and the members of the Senate that on January 28, 2011, I delivered to the Office of Governor, for Executive action, the following bill:
Enrolled H. B. 2001, Providing that inmates serving life sentences shall be considered for parole only once every three years.
Sincerely,
Gregory M. Gray,
Clerk of the House.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2804--
A Bill to repeal §16- 1-16 of the Code of West Virginia, 1931, as amended; to amend and reenact §5-6-1 of said code; to amend and reenact §5A-1-11 of said code; to amend and reenact §5B-1-1a of said code; to amend and reenact §9-2-1a of said code; to amend and reenact §17B-2-7a of said code; to amend and reenact §17C-15-44 of said code; to amend and reenact §18-10A-2 of said code; to amend and reenact §19-1-3a of said code; to amend and reenact §19-12A-3 of said code; to amend and reenact §22C-12-6 of said code; to amend and reenact §24-1-3 of said code; to amend and reenact §24A-1A-2 of said code; to amend and reenact §24E-1-11 of said code; and to amend and reenact §47A- 1-1 of said code, all relating to repealing obsolete code provisions.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, with its Senate amended title, to take effect from passage, of
Eng. Com. Sub. for House Bill No. 2853, Providing for a special primary and general election to fill a vacancy in the office of Governor.
Executive Communications

The Clerk then presented a communication from His Excellency, the Governor, advising that on February 3, 2011, he had approved Enr. House Bill No. 2001.
The Senate proceeded to the fourth order of business.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 174, Authorizing DOT promulgate legislative rule relating to valuation of used rolling stock and equipment.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 265, Permitting certain parolees petition court for allowance to live with or have visitation rights with child.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 265 (originating in the Committee on the Judiciary)--A Bill
to amend and reenact §62-12-17 of the Code of West Virginia, 1931, as amended, relating to terms and conditions of release upon parole generally; and authorizing Board of Parole, with the sentencing court's concurrence, to modify or waive restrictions relating to residing with or visiting minors.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 366, Relating to Underground Storage Tank Administrative Fund.
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,
Corey Palumbo,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
By Senator Barnes:
Senate Bill No. 417--A Bill to amend and reenact §3-1-8 of the Code of West Virginia, 1931, as amended, relating to elections and nominating procedures generally; and expanding the scope of the definition of a "political party".
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators McCabe, Snyder, Unger and Beach:
Senate Bill No. 418--A Bill to amend and reenact §5A-6-4 of the Code of West Virginia, 1931, as amended, relating to clarifying that the Office of Technology is responsible for the retirement or transfer of information technology equipment that may contain confidential and privileged electronic data.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senator Sypolt:
Senate Bill No. 419--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-44-14, relating to creating the Health Care Choice Act; and enabling insurers authorized to sell insurance coverage in selected states to engage in the business of insurance in West Virginia.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Wills, Foster, Browning, Miller and Beach:
Senate Bill No. 420--A Bill to amend and reenact §7-1-1b of the Code of West Virginia, 1931, as amended, relating to eligibility of county commissioners; and clarifying residency requirement.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Unger,
Snyder, Kessler (Acting President), D. Facemire, Williams, Beach and Sypolt :
Senate Bill No. 421--A Bill to amend and reenact §15-2-3 and §15-2-5 of the Code of West Virginia, 1931, as amended, all relating to maintaining a minimum of eight hundred state troopers by July 1, 2015; and increasing the salary increase received at the end of two years of service with the West Virginia State Police to $580.
Referred to the Committee on Finance.
By Senators Unger
, Snyder, Wells, Kessler (Acting President), D. Facemire, Williams, Beach and Sypolt :
Senate Bill No. 422--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-5a, relating to compensation of State Police for off-duty time when they are required to be on standby to be called back to work; and providing a stipend for housing cost for officers who reside in and are assigned to the highest five counties according to median monthly housing cost.
Referred to the Committee on Finance.
By Senators Beach, Green and Laird:
Senate Bill No. 423--A Bill to amend and reenact §3-1-5 and §3-1-29 of the Code of West Virginia, 1931, as amended, all relating to increasing the limit on the size of voting precincts to five thousand registered voters; and increasing the size of standard receiving boards in enlarged precincts.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Kessler (Acting President), Klempa, Green, Hall, Beach, Snyder and Stollings:
Senate Bill No. 424--A Bill to repeal §22-6-41 of the Code of West Virginia, 1931, as amended; to repeal §22C-7-1, §22C-7-2 and §22C-7-3 of said code; to amend and reenact §22-6-1, §22-6-2, §22- 6-3, §22-6-4, §22-6-5, §22-6-6, §22-6-7, §22-6-8, §22-6-9, §22-6- 10, §22-6-11, §22-6-12, §22-6-13, §22-6-14, §22-6-15, §22-6-16, §22-6-17, §22-6-18, §22-6-19, §22-6-20, §22-6-21, §22-6-22, §22-6-23, §22-6-24, §22-6-25, §22-6-26, §22-6-27, §22-6-28, §22-6-29, §22-6-30, §22-6-31, §22-6-32, §22-6-33, §22-6-34, §22-6-35, §22-6- 36, §22-6-37, §22-6-38, §22-6-39 and §22-6-40 of said code; to amend and reenact §22-7-3 of said code; to amend and reenact §22C- 8-2 and §22C-8-4 of said code; to amend and reenact §22C-9-1, §22C- 9-2, §22C-9-3 and §22C-9-4 of said code; and to amend said code by adding thereto a new section, designated §22C-9-7a, all relating to the regulation of oil and gas wells; oil and gas production damage compensation; the Shallow Gas Well Review Board; the Conservation Commission; the pooling of gas from horizontal shallow wells; and increasing civil penalties.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senators Wells
, Unger, Jenkins, Kessler (Acting President), McCabe, Plymale, D. Facemire, Williams and Klempa :
Senate Bill No. 425--A Bill to amend and reenact §6-7-2a of the Code of West Virginia, 1931, as amended, relating to increasing the salary of the Adjutant General.
Referred to the Committee on Military; and then to the Committee on Finance.
By Senator Kessler (Acting President):
Senate Bill No. 426--A Bill to amend and reenact §52-1-9 of the Code of West Virginia, 1931, as amended, relating to requiring a judge's permission before a juror's information can be released.
Referred to the Committee on the Judiciary.
By Senators Jenkins and Foster:
Senate Bill No. 427--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-10b, relating to personal income tax; and providing a credit against that tax for fees paid for recycling.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Kessler (Acting President) and Miller:
Senate Bill No. 428--A Bill to amend and reenact §59-1-11 of the Code of West Virginia, 1931, as amended, relating to increasing the fees charged by a clerk of the circuit court for medical professional liability actions.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Hall, Unger, Jenkins, Wells, Klempa and Sypolt:
Senate Bill No. 429--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-19A-1, §18-19A-2, §18-19A-3, §18-19A-4 and §18-19A-5, all relating to providing educational scholarships for the children of war veterans; defining terms; establishing types of scholarships; setting forth what is included in the scholarships; setting forth the categories of eligibility for the scholarships; providing that the West Virginia Division of Veterans' Affairs shall administer the scholarship program; and granting the West Virginia Division of Veterans' Affairs rule-making authority.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Kessler (Acting President):
Senate Bill No. 430--A Bill to amend and reenact §61-11-25 of the Code of West Virginia, 1931, as amended, relating to filing a civil petition for expungement of records relating to an arrest or charges relating to the arrest when found not guilty of the offense or charges have been dismissed.
Referred to the Committee on the Judiciary.
By Senators Palumbo, Edgell, K. Facemyer, Jenkins, Barnes, Klempa, Unger, Plymale, Yost and Nohe:
Senate Bill No. 431--A Bill to amend and reenact §15-2B-3, §15-2B-6, §15-2B-7, §15-2B-9, §15-2B-10 and §15-2B-12 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §15-2B-15 and §15-2B- 16, all relating to DNA data collection generally; providing definitions; authorizing the West Virginia State Police to administer DNA identification system; authorizing the West Virginia State Police to enter into certain cooperative agreements; requiring DNA sample be obtained upon conviction; identifying tests to be performed on DNA samples; providing authority to maintain samples; providing procedure for withdrawing and analyzing samples; providing procedure for exchanging samples with others; providing procedure for removing sample from database by expungement; providing for destruction of samples; providing penalties; and authorizing the West Virginia State Police to collect certain fees for DNA testing.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Laird, Unger, Jenkins and Miller:
Senate Bill No. 432--A Bill to amend and reenact §7-7-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11A-1-17 of said code, all relating to a reconfiguration of sheriffs' salaries to incorporate pay that was previously given as a separate payment; and eliminating commissions based on collection of taxes.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senator McCabe:
Senate Bill No. 433--A Bill to repeal §29-3-23, §29-3-24 and §29-3-25 of the Code of West Virginia, 1931, as amended; to amend and reenact §11-12-86 of said code; to amend and reenact §29-3-26 of said code; and to amend said code by adding thereto a new article, designated §29-3E-1, §29-3E-2, §29-3E-3, §29-3E-4, §29-3E- 5, §29-3E-6, §29-3E-7, §29-3E-8, §29-3E-9, §29-3E-10, §29-3E-11, §29-3E-12, §29-3E-13, §29-3E-14, §29-3E-15, §29-3E-16, §29-3E-17 and §29-3E-18, all relating generally to revising, consolidating and codifying the laws relating to fireworks; providing definitions; regulating purchase, possession, transportation, sale and use of fireworks; prohibiting local government regulation over consumer fireworks; requiring certification, registration, bonding and permits; providing for civil monetary penalties, criminal penalties and remedies; establishing Fireworks Safety Fund and safety fee; providing for the dispensation of the fund; prescribing powers and duties of certain state agencies; providing the fire marshal with rule-making and emergency rule-making powers; and requesting the fire marshal create and maintain an Internet website.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Plymale
, Unger, Foster, Jenkins and Stollings :
Senate Bill No. 434--A Bill to amend and reenact §18A-4-8 and §18A-4-8a of the Code of West Virginia, 1931, as amended, all relating to clarifying the definition of a school "cook"; replacing the different classifications for cooks with a single classification; increasing the salary for the cook position; and granting an additional increase in salaries for cooks and cafeteria managers who obtain college credits in child nutrition.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Minard:
Senate Bill No. 435--A Bill to amend and reenact §33-12C-3, §33-12C-5, §33-12C-7 and §33-12C-8 of the Code of West Virginia, 1931, as amended, all relating to surplus lines insurance; defining terms; providing for compliance with the federal Nonadmitted and Reinsurance Reform Act of 2010; authorizing Insurance Commissioner to enter into multistate agreement regarding taxation of surplus lines insurance; establishing a blended taxation rate with respect to policies involving multistate risks; authorizing participation in clearinghouse for allocation of taxes; specifying disbursement and distribution of moneys; and exempting certain large entities from compliance with due diligence requirements.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senators Yost, Klempa, Unger and Plymale:
Senate Bill No. 436--A Bill to amend and reenact §11-21-12d of the Code of West Virginia, 1931, as amended, relating to continuing the personal income tax adjustment to the gross income of certain retirees receiving pensions from defined pension plans that terminated and are being paid a reduced maximum benefit guarantee.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Laird and Sypolt:
Senate Bill No. 437--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §37-12-3, relating to exempting licensed surveyors from liability for defamation or slander of title when performing their professional duties; and providing an exception.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
At the request of Senator Unger, unanimous consent being granted, the Senate returned to the fourth order of business.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 438 (originating in the Committee on the Judiciary)--A Bill
to amend and reenact §50-1-1 of the Code of West Virginia, 1931, as amended, relating to the election of magistrates by division; providing that all magistrates will be elected by divisions; providing that all magistrates will be elected at large from the entire county he or she serves; and requiring the Supreme Court of Appeals to assign magistrates to divisions.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 19, Requesting DOH name WV 3 from intersection with WV 94 to Raleigh County Line "John Protan Highway".
On unfinished business, coming up in regular order, was referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 281, Criminalizing installation of certain invasive software on mobile devices.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 349, Requiring bittering agent be placed in certain engine coolants and antifreezes,.
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.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Bill No. 78, Requiring parental consent and accompaniment for minor to use tanning device.
Com. Sub. for Senate Bill No. 186, Authorizing State Police issue subpoenas to internet service providers in cases of suspected child pornography.
And,
Com. Sub. for Senate Bill No. 195, Relating to requirements to serve as magistrate.

The Senate proceeded to the thirteenth order of business.
At the request of Senator Wells, unanimous consent being granted, it was ordered that the Journal show had Senator Wells been present in the chamber on yesterday, Thursday, February 3, 2011, he would have voted "yea" on the passage of Engrossed Senate Bill No. 254, Engrossed Senate Bill No. 255 and Engrossed Committee Substitute for Senate Bill No. 256.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Unger, the Senate adjourned until Monday, February 7, 2011, 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 ***