sdj-27th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2011
TWENTY-SEVENTH DAY
____________
Charleston, W. Va., Monday, February 7, 2011
The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)
Prayer was offered by the Reverend Randall Flanagan, Christ
Church United Methodist, Charleston, West Virginia.
Pending the reading of the Journal of Friday, February 4,
2011,
On motion of Senator Snyder, 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 4, 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 February 4, 2011, I delivered to the Office of Governor,
for Executive action, the following bill:
Enrolled Com. Sub. for H. B. 2853, Providing for a special
primary and general election to fill a vacancy in the office of
Governor.
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 concurrence by that body in the passage of
Eng. Senate Bill No. 184, Relating to disposition of remains
of military service member who dies while serving in military.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendment, as to
Eng. Senate Bill No. 342, Making supplementary appropriation
to Governor's Office--Civil Contingent Fund.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was reported by the Clerk:
On page three, line thirteen, by striking out the words
"Unclassified - Surplus" and inserting in lieu thereof the words
"Special Election - Surplus".
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Senate Bill No. 342, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster,
Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard,
Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--31.
The nays were: None.
Absent: Fanning, Green and Tomblin (Mr. President)--3.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 342) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Hall,
Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker,
Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--31.
The nays were: None.
Absent: Fanning, Green and Tomblin (Mr. President)--3.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 342) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, adoption as amended, and requested the
concurrence of the Senate in the House of Delegates amendment, as
to
Senate Concurrent Resolution No. 17, Adopting joint rules of
the Senate and House of Delegates.
On motion of Senator Unger, the message on the resolution was
taken up for immediate consideration.
The following House of Delegates amendment to the resolution
was reported by the Clerk:
On page twenty-four, Rule 31, after the words "each house" by
inserting a comma and the words "as determined in accordance with
the Constitution and laws of the State,".
On motion of Senator Unger, the following amendments to the
House of Delegates amendment to the resolution (S. C. R. No. 17)
were reported by the Clerk and adopted:
By striking out the words "as determined";
And,
After the word "Constitution" by inserting a comma and the words "the Rules of the Senate, the Rules of the House of
Delegates, respectively, these Joint Rules,".
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment, as amended.
The question being on the adoption of the resolution, as
amended, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
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. 2013--A Bill to amend and
reenact §24-6-5 of the Code of West Virginia, 1931, as amended,
relating to requirements for enhanced emergency telephone systems
and county emergency dispatch centers.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2562--A Bill to repeal
§29-5A-1, §29-5A-2, §29-5A-3, §29-5A-4, §29-5A-5, §29-5A-6,
§29-5A-7, §29-5A-8, §29-5A-9, §29-5A-10, §29-5A-11, §29-5A-12,
§29-5A-13, §29-5A-14, §29-5A-15, §29-5A-16, §29-5A-17, §29-5A-18,
§29-5A-19, §29-5A-20, §29-5A-21, §29-5A-22, §29-5A-23, §29-5A-24,
§29-5A-25, §29-5A-25a, and §29-5A-26, of the Code of West Virginia, 1931, as amended; to amend and reenact §5F-2-1 of said code; to
amend and reenact §11B-1-2 of said code; to amend code by adding
thereto a new article designated §29-5-1, §29-5-2, §29-5-3,
§29-5-4, §29-5-5, §29-5-6, §29-5-7, §29-5-8, §29-5-9, §29-5-10,
§29-5-11, §29-5-12, §29-5-13, §29-5-14, §29-5-15, §29-5-16,
§29-5-17 and §29-5-18; and to amend and reenact §29-22-5; all
relating to the State Athletic Commission; transferring athletic
commission to the division of lottery; prohibiting promoting and
boxing without a license; prohibiting mixed martial arts without a
license; defining terms; providing for commission composition;
setting forth the powers and duties of the commission; setting
forth rule-making authority; creating a special revenue account;
establishing license and permit requirements; establishing renewal
requirements; setting forth grounds for disciplinary actions;
allowing for specific disciplinary actions; providing procedures
for investigation of complaints; providing for judicial review and
appeals of decisions; setting forth hearing and notice
requirements; providing for actions to enjoin violations; and
providing for criminal sanctions.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
The Senate proceeded 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. 196, Making robbery or attempted robbery under pretense of having weapon crime; penalties.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 196 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §61-2-12
of the Code of West Virginia, 1931, as amended, relating to the
criminal offenses of robbery and attempted robbery; creating
offenses of robbery or attempted robbery causing serious bodily
injury, robbery or attempted robbery with the discharge of a
firearm, robbery or attempted robbery causing bodily injury and
robbery or attempted robbery by presentation or threat of a deadly
weapon; creating offenses of general robbery or attempted robbery;
and establishing criminal penalties.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Browning, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Bill No. Senate Bill No. 227, Relating to Creative
Communities Development Pilot Program.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 227 (originating in the Committee on Economic Development)--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, §5B-
2H-6, §5B-2H-7, §5B-2H-8, §5B-2H-9, §5B-2H-10, §5B-2H-11 and §5B-
2H-12, all relating to the Creative Communities Development Pilot
Program; providing legislative findings and intent; creating the
Creative Communities Development Fund; establishing the Creative
Communities Development Board; providing requirements for
applications for the use of matching funds from the Creative
Communities Development Fund; providing for review of applications
by the West Virginia Development Office; establishing that the
Creative Communities Development Board shall have the authority to
approve matching grants from Creative Communities Development Fund;
establishing matching requirements from applicants; establishing
eligible expenditures; defining parameters of agreement between
West Virginia Development Office and a community for use of grant
funds; providing for a review and audit of expenditures by West
Virginia Development Office; and providing for review of Creative
Communities Development Pilot Program.
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,
Richard Browning,
Chair.
The bill (Com. Sub. for S. B. No. 227), under the original double committee reference, was then referred to the Committee on
Finance.
Senator Browning, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Bill No. 249, Creating WV Manufacturing Competitiveness
and Growth Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 249 (originating in the
Committee on Economic Development)--A Bill to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new article,
designated §11-13BB-1, §11-13BB-2, §11-13BB-3, §11-13BB-4, §11-
13BB-5, §11-13BB-6, §11-13BB-7, §11-13BB-8 and §11-13BB-9; and to
amend said code by adding thereto a new section, designated §11-24-
9d, all relating to taxation; providing a phased-in allowance of
credits against corporation net income tax and personal income tax
for payments in this state of ad valorem property tax on certain
industrial tangible personal property consisting of machinery and
equipment; and allowing a transitional credit against the portion
of a taxpayer's corporation net income tax relating to the change
to combined reporting, with the amount of the credit being measured
by the taxpayer's payments in this state of ad valorem property tax
on certain industrial tangible personal property consisting of
machinery and equipment.
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,
Richard Browning,
Chair.
The bill (Com. Sub. for S. B. No. 249), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Browning, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Bill No. 299, Authorizing Racing Commission promulgate
legislative rule relating to greyhound racing.
And reports the same back with the recommendation that it do
pass; but with the further recommendation that it first be referred
to the Committee on Finance; and then, under the original double
committee reference, to the Committee on the Judiciary.
Respectfully submitted,
Richard Browning,
Chair.
On motion of Senator Browning, the bill (S. B. No. 299)
contained in the foregoing report from the Committee on Economic
Development was referred to the Committee on Finance; and then,
under the original double committee reference, to the Committee on the Judiciary.
Senator Beach, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 337, Making failure to wear safety belts
primary offense.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Robert D. Beach,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary, with an amendment
from the Committee on Transportation and Infrastructure pending.
Senator Beach, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Concurrent Resolution No. 13, Requesting DOH name State
Route 3, between Yawkey and Julian, "LCPL Rodney A. Breedlove
Memorial Highway KIA Vietnam 1967".
And has amended same.
And reports the same back with the recommendation that it be adopted, as amended.
Respectfully submitted,
Robert D. Beach,
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 Prezioso, Yost, Beach, Barnes, Sypolt, Fanning,
Tucker and Plymale:
Senate Bill No. 439--A Bill to amend and reenact §21-9-11a of
the Code of West Virginia, 1931, as amended, relating to
establishing a statute of limitations regarding claims involving
manufactured housing; deferral period for inspection and
administrative remedies; and clarifying that the filing of
complaints must first be made to the state regulatory board.
Referred to the Committee on the Judiciary.
By Senators Foster, Unger and Miller:
Senate Bill No. 440--A Bill to amend and reenact §60A-10-7 of
the Code of West Virginia, 1931, as amended, relating to the
Methamphetamine Laboratory Eradication Act; and requiring a
prescription for drug products that contain as an active ingredient
ephedrine, pseudoephedrine, phenylpropanolamine or other chemical
precursors of methamphetamine.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Foster, Jenkins, Chafin and Kessler (Acting
President):
Senate Bill No. 441--A Bill to amend and reenact §23-4-1 of
the Code of West Virginia, 1931, as amended, relating to workers'
compensation; creating a rebuttable presumption that development of
certain cancers by professional or volunteer firefighters arose out
of the course of employment; and requiring the Insurance
Commissioner to study the effects of the rebuttable presumption.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Hall, Browning and Plymale:
Senate Bill No. 442--A Bill to amend and reenact §16-13A-7 of
the Code of West Virginia, 1931, as amended, relating to increasing
the expenditure limit from $15,000 to $25,000 on public service
district construction and purchase contracts before competitive
bids are required.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Kessler (Acting President), Beach, Green, Minard,
Prezioso, Tucker, Plymale and Klempa:
Senate Bill No. 443--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §9-2-11a, relating to preventing taxpayer subsidization
of health insurance covering elective abortions; prohibiting all
qualified health plans offered through a state exchange from
including abortion coverage except to prevent the death of the mother; preventing all other health plans, including health
insurance contracts, plans or policies, offered outside of the
exchange, but within the state, from providing coverage for
elective abortions except by optional separate supplemental
coverage for abortion.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Kessler (Acting President), Plymale, Klempa and
Beach:
Senate Bill No. 444--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §53-8-101, §53-8-201, §53-8-202, §53-8-203, §53-8-204,
§53-8-205, §53-8-301, §53-8-302, §53-8-303, §53-8-304, §53-8-305,
§53-8-306, §53-8-307, §53-8-308, §53-8-309, §53-8-310, §53-8-311,
§53-8-401, §53-8-501, §53-8-502, §53-8-503, §53-8-504, §53-8-505,
§53-8-506, §53-8-507, §53-8-508, §53-8-601, §53-8-701, §53-8-801,
§53-8-802, §53-8-901, §53-8-902, §53-8-903, §53-8-904, §53-8-1001,
§53-8-1101, §53-8-1102 and §53-8-1103; and to amend and reenact
§62-1C-17c of said code, all relating to the protection of
nonfamily or nonhousehold members from sexual offenses, stalking
and harassment; and criminal charges and penalties.
Referred to the Committee on the Judiciary.
By Senators Laird, Fanning, D. Facemire, Helmick and Miller:
Senate Bill No. 445--A Bill to amend and reenact §20-3-5 of
the Code of West Virginia, 1931, as amended, relating to forest
fire seasons; clarifying allowed and prohibited fire times and seasons; establishing an industrial permit and fee; setting forth
fire control requirements; and establishing criminal and civil
penalties.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senators Wills, Kessler (Acting President), Foster,
Prezioso, Laird, Stollings, Plymale, Klempa and Yost:
Senate Bill No. 446--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-27-38, relating to retaining nursing educators;
providing a tax credit up to $3,500 for full-time nursing faculty
members in the state; establishing the criteria for taking the
credit; granting rule-making authority to the State Tax
Commissioner; and defining terms.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Palumbo and Plymale:
Senate Bill No. 447--A Bill to amend and reenact §18-8-2 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §18-8-2a, all relating
to adding a possible period of incarceration for a first-offense
violation of school attendance requirements for parents, guardians
or custodians of minor children; authorizing county school
superintendents or their designees to request and obtain an
investigation by the Department of Health and Human Resources of
the household of a student with five or more unexcused absences; authorizing prosecuting attorneys to request and obtain attendance
of child protective services workers at hearings and meetings
related to prosecution of violation of school attendance laws; and
including criminal penalties.
Referred to the Committee on Education; and then to the
Committee on the Judiciary.
By Senators Edgell, Beach and Barnes:
Senate Bill No. 448--A Bill to amend and reenact §11-24-11b of
the Code of West Virginia, 1931, as amended, relating to the
corporation net income tax; credit for utility taxpayers with net
operating loss carryovers; and providing a different procedure for
determining the credit.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators McCabe, Browning, Prezioso, Snyder, Klempa, Unger,
Foster, Jenkins, Stollings, Plymale, Miller, Kessler (Acting
President) and Wells:
Senate Bill No. 449--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §11-6L-1, §11-6L-2, §11-6L-3, §11-6L-4, §11-6L-5, §11-
6L-6 and §11-6L-7; and to amend said code by adding thereto a new
article, designated §11-13BB-1, §11-13BB-2, §11-13BB-3, §11-13BB-4,
§11-13BB-5, §11-13BB-6, §11-13BB-7, §11-13BB-8, §11-13BB-9, §11-
13BB-10, §11-13BB-11, §11-13BB-12, §11-13BB-13, §11-13BB-14, §11-
13BB-15, §11-13BB-16, §11-13BB-17 and §11-13BB-18, all relating
generally to the West Virginia Innovation Free Trade Act of 2011, consisting of the Twenty-First Century Business Technologies
Property Valuation Act; specifying method for valuation of certain
property; providing for application to county assessors by
specified date; providing 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
2016; specifying effective date; 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 to recover state taxes and property taxes;
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 McCabe, Foster and Plymale:
Senate Bill No. 450--A Bill to amend and reenact §3-3-2a and
§3-3-3 of the Code of West Virginia, 1931, as amended, all relating
to permitting a county commission to designate additional community
voting locations for early in-person voting; permitting the two
major political parties to appeal any additional community voting
locations only on the basis of neutrality; and decreasing the early
in-person voting period from twenty days to thirteen days before an
election.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Minard, Palumbo, Prezioso and Plymale:
Senate Bill No. 451--A Bill to amend and reenact §23-2C-10 of
the Code of West Virginia, 1931, as amended, relating to the
administration of the West Virginia workers' compensation adverse
risk plan.
Referred to the Committee on Labor; and then to the Committee
on the Judiciary.
By Senators Beach and Prezioso:
Senate Bill No. 452--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §60-2-23, relating to providing for career development
for Alcohol Beverage Control inspectors, enforcement agents and
supervisors; establishing annual salaries; and providing rule-
making authority.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Laird, Unger, Stollings, Miller and Kessler (Acting
President):
Senate Bill No. 453--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5-5-2a, relating to retention salary increases for
Division of Corrections' and Division of Juvenile Services'
employees based on years of service.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Barnes:
Senate Bill No. 454--A Bill to amend and reenact §5-10-2 of
the Code of West Virginia, 1931, as amended, relating to providing
that mental hygiene commissioners are employees under the Public
Employees Retirement System and may receive one year of service
credit for each year served and prorated service for any partial
year served, up to a maximum of fifteen years' credited service.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
Senators Plymale, Jenkins, Yost, Klempa and Stollings offered
the following resolution:
Senate Concurrent Resolution No. 20--Requesting the Division
of Highways name the bridge at I-64, Exit 11, near 16th Street and
Hal Greer Boulevard, located in Cabell County, the "Jeffrey P. Ball
Memorial Bridge".
Whereas, Jeffrey P. Ball was born February 6, 1963, in
Huntington, West Virginia; and
Whereas, Jeffrey P. Ball attended school in Barboursville,
West Virginia and graduated from Barboursville High School in 1981;
and
Whereas, Jeffrey P. Ball served in the United States Marine
Corps Reserve from 1981 to 1985; and
Whereas, Jeffrey P. Ball attended Marshall University and
graduated West Virginia Institute of Technology November 1992, with
a Bachelor's degree in Civil Engineering; and
Whereas, Jeffrey P. Ball earned the distinction of becoming a
registered Professional Engineer on July 16, 2001; and
Whereas, Jeffrey P. Ball joined the Department of Highways,
District 2, as a Staff Engineer on November 1, 1994, and held
various positions including District 2 Bridge Engineer from October
2001 to April 2008, and District 2 Construction Engineer April 2008
to 2010; and
Whereas, Jeffrey P. Ball was active in the community, serving
on the building committee of the new Barboursville Middle School
where his children now attend school and volunteering his time to
any youth sports in which they were involved; and
Whereas, Jeffrey P. Ball was married to his beloved wife,
Patricia, with whom he shared the joy of having three children,
Mary Anna, David Robert, Steven Matthew and Robert (deceased); and
Whereas, Sadly, Jeffrey P. Ball passed away on August 10,
2010, leaving behind a loving family and a host of friends;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the bridge at I-64, Exit 11, near 16th Street and Hal Greer
Boulevard, located in Cabell County, the "Jeffrey P. Ball 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 "Jeffrey P. Ball 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 Jeffrey P. Ball.
Which, under the rules, lies over one day.
Senators Wells, Yost, Klempa, Stollings and McCabe offered the
following resolution:
Senate Concurrent Resolution No. 21--Requesting the Division
of Highways name the bridge on I-79, spanning WV 14, commonly
called the Big Chimney Interchange Bridge, the "Hodges Brothers
Bridge".
Whereas, Eugene Hodges, Otmer Hodges, Carl Hodges, Gerald
Hodges, Bobby Hodges, Larry Hodges and Gary Hodges are brothers who
grew up in Big Chimney, West Virginia; and
Whereas, Eugene, Otmer, Carl, Gerald, Bobby and Larry all
served honorably in different branches of the United States
military; and
Whereas, Eugene Hodges served at Camp Hood, Texas, and
survived the Omaha Beach Landing during World War II; and
Whereas, Otmer Hodges served at Fort Knox, Kentucky, and was with the 2nd Battalion, 19th Infantry Regiment of the 24th
Division, in Chinju, Korea, where he became missing in action. He
was later declared killed in action and was posthumously awarded
the Purple Heart and the Bronze Star Medal; and
Whereas, Carl Hodges served at Fort Lewis, Washington, and was
an MP with the Air Force; and
Whereas, Gerald Hodges served as a cook with the Navy's 5th
Naval District off North Korea; and
Whereas, Bobby Hodges served with the 82nd Airborne Division,
Fort Bragg, North Carolina; and
Whereas, Larry Hodges served in Fort Hood, Texas, with the 4th
Armored Division in Crailsheim, Germany; and
Whereas, It is fitting and proper, to honor the Hodges
brothers for their dedication, commitment and sacrifice to their
state and country, by naming the bridge on I-79, spanning WV 14,
commonly called the Big Chimney Interchange Bridge, the "Hodges
Brothers Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways name the bridge on I-79,
spanning WV 14, commonly called the Big Chimney Interchange Bridge,
the "Hodges Brothers 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 "Hodges Brothers 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 to Gary Hodges.
Which, under the rules, lies over one day.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 281, Criminalizing
installation of certain invasive software on mobile devices.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster,
Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard,
Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--31.
The nays were: None.
Absent: Fanning, Green and Tomblin (Mr. President)--3.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 281) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 349, Requiring bittering agent be placed
in certain engine coolants and antifreezes.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard,
Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--31.
The nays were: None.
Absent: Fanning, Green and Tomblin (Mr. President)--3.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 349) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Senate Bill No. 349--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §16-43-1 and §16-43-2, all relating to requiring the
inclusion of a bittering agent in coolant and antifreeze; limiting
liability; providing exceptions; and providing a criminal penalty.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 78, Requiring parental consent
and accompaniment for minor to use tanning device.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 186, Relating to issuing
subpoena to aid in criminal investigations involving certain crimes
against minors.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 195, Relating to requirements to
serve as magistrate.
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.
Com. Sub. for Senate Bill No. 265, Authorizing Board of
Parole, with sentencing court's concurrence, modify or waive
parolee's restrictions relating to minors.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 438, Relating to election of magistrates by
division.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators Sypolt and Plymale.
Thereafter, at the request of Senator Unger, and by unanimous
consent, the remarks by Senators Sypolt and Plymale were ordered
printed in the Appendix to the Journal.
The Senate next proceeded to the thirteenth order of business.
At the request of Senator Hall, the name of Senator Hall was
removed as a sponsor of
Senate Bill No. 424 (Regulating oil and gas wells).
Senator Unger called attention to yesterday, Sunday, February
6, 2011, being the birthday of Richie Novak, Senate Technical
Support, and on behalf of the Senate extended felicitations and
good wishes to Richie Novak, with Senator Klempa leading the
members in singing "Happy Birthday".
On motion of Senator Unger, leaves of absence for the day were
granted Senators Tomblin (Mr. President), Fanning and Green.
Pending announcement of meetings of standing committees of the
Senate, including a majority party caucus,
On motion of Senator Unger, the Senate adjourned until
tomorrow, Tuesday, February 8, 2011, at 11 a.m.
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