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Senate Journal



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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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