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-28th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2010

TWENTY-EIGHTH DAY

____________

Charleston, W. Va., Tuesday, February 9, 2010

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

Prayer was offered by Pastor Franklin D. Thomas, Living Faith Church, Marmet, West Virginia.
Pending the reading of the Journal of Monday, February 8, 2010,
On motion of Senator Hall, 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 concurrence by that body in the adoption of
Senate Concurrent Resolution No. 1, Requesting DOH name bridge in Doddridge County "SPC Jason N. Marchand Memorial Bridge".
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 2, Requesting DOH name portion of Route 16 in Fayette County "Robert K. 'Bob' Holliday Highway".
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 3, Requesting DOH name bridge in Fayette County "Eugene Mitchell Skaggs Memorial Bridge".
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 5, Requesting DOH name bridge in Parsons, Tucker County, "Sheriff O. Gay Hovatter Memorial Bridge".
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 6, Requesting DOH name bridge in Mingo County "Matoma C. Sansom Memorial Bridge".
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. 2663--A Bill to amend and reenact §8-14-5a of the Code of West Virginia, 1931, as amended, relating to expanding the power of municipal parking authority officers to ticket for municipal parking violations.
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. 4140--A Bill to repeal §30- 20-8a of the Code of West Virginia, 1931, as amended; to amend and reenact §30-20-1, §30-20-2, §30-20-3, §30-20-4, §30-20-5, §30-20-6, §30-20-7, §30-20-8, §30-20-9, §30-20-10, §30-20-11, §30-20-12, §30- 20-13, §30-20-14 and §30-20-15; and to amend said code by adding thereto five new sections, designated §30-20-16, §30-20-17, §30-20- 18, §30-20-19 and §30-20-20 all relating to the Board of Physical Therapy; prohibiting the practice of physical therapy without a license; providing other applicable sections; providing definitions; providing for board composition; setting forth the powers and duties of the board; clarifying rulemaking authority; continuing a special revenue account; establishing license requirements; providing for licensure for persons licensed in another state; establishing renewal requirements; providing permit requirements; requiring display of license; 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 civil causes of action; providing criminal penalties and providing that a single act is evidence of practice.
Referred to the Committee on Government Organization.
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. 4166--A Bill to amend and reenact §8-15-17 of the Code of West Virginia, 1931, as amended, relating to firefighter transfers of employment to other fire departments.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 31--Expressing the will of the Legislature in supporting the legislation enacted by Congress in May of 2009 called the Credit Card Act of 2009 and supporting further measures that encourage stronger consumer protection against credit card companies, and requesting that West Virginia's congressional delegation also support stronger consumer protection policies.
Referred to the Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Bill No. 312, Authorizing Board of Trustees of Outdoor Heritage Conservation Fund promulgate legislative rule relating to 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 the Judiciary.
Respectfully submitted,
John Pat Fanning,
Chair.
The bill, 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. 398, Prohibiting landfill disposal of certain electronic devices.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 398 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §22-15A-22 of the Code of West Virginia, 1931, as amended, relating to prohibiting disposal of certain electronics in landfills.
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. 398), under the original double committee reference, was then referred to the Committee on Finance.
Senator White, from the Committee on Agriculture, submitted the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Bill No. 403, Authorizing Commissioner of Agriculture promulgate legislative rule relating to best management practices for land application of waste products from aquaculture facilities.
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,
C. Randy White,
Chair.
The bill, 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. 436, Updating language relating to process of incorporation.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 506, Imposing penalties for falsifying State Police Retirement Fund records.
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,
Dan Foster,
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 Fanning:
Senate Bill No. 512--A Bill to amend and reenact §20-2-19 of the Code of West Virginia, 1931, as amended, relating to trap markings.
Referred to the Committee on Natural Resources.
By Senators Chafin, Jenkins, Stollings, D. Facemire, Kessler, Minard, Yost, Williams, Browning and Unger:
Senate Bill No. 513--A Bill to amend and reenact §8-15-8b of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §8-15-8d; and to amend and reenact §33-3-14d of said code, all relating to permitting revenues allocated to volunteer and part-time fire departments to be used for workers' compensation premiums and length of service awards; establishing a Volunteer Firefighter Length of Service Awards Program Fund; providing the Insurance Commissioner with the rule- making authority for establishing criteria for awards from the fund; eliminating the ten percent portion of the premium tax on taxable insurance premiums allocated to the Teachers Retirement System Reserve Fund; and increasing moneys allocated to volunteer and part-time fire departments by that same amount.
Referred to the Committee on Finance.
By Senators Jenkins, Stollings, Foster, Unger, Laird, Plymale, Palumbo and Kessler:
Senate Bill No. 514--A Bill to amend and reenact §60A-9-4 of the Code of West Virginia, 1931, as amended, relating to the Controlled Substances Monitoring Act; and modifying and clarifying the controlled substances that are subject to reporting when a prescription is filled or when the controlled substance is dispensed by a medical services provider.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Kessler and Barnes:
Senate Bill No. 515--A Bill to amend and reenact §61-7-2 and §61-7-10 of the Code of West Virginia, 1931, as amended, all relating to prohibiting the purchase or attempt to purchase a firearm from a firearm dealer by certain persons; increasing fines for certain offenses; prohibiting and punishing a person other than a law-enforcement officer who knowingly solicits, persuades, encourages or entices a firearm or ammunition dealer or private seller to violate firearm sales laws; providing definitions; and conforming certain definitions to federal law.
Referred to the Committee on the Judiciary.
By Senators Fanning and Chafin:
Senate Bill No. 516--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-56b, relating to public shooting range permits, rules and fees; and setting criminal and civil penalties.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.
By Senators Jenkins, Foster, Minard, Stollings, Wells, Caruth, Sypolt, Unger, Plymale and McCabe:
Senate Bill No. 517--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §39A-4-1, §39A-4-2, §39A-4-3, §39A-4-4, §39A-4-5, §39A- 4-6 and §39A-4-7, all relating to creating the Uniform Real Property Electronic Recording Act; providing short title; defining certain terms; clarifying validity of electronic documents and electronic signatures; providing for recording of electronic documents; requiring any county clerk implementing the provisions of the act to comply with established standards; authorizing county clerks to receive, index, store, archive and transmit electronic documents; authorizing county clerks to allow public access, search and retrieval of electronic documents; allowing county clerks to convert paper documents accepted for recording into electronic documents; authorizing county clerks to collect electronically any tax or fee they are authorized by law to collect; authorizing county clerks to agree with other jurisdictions on procedures or processes necessary for electronic recording of documents; authorizing the Governor's Office of Technology to work with various interest groups to develop the standards necessary to electronically record real property documents; setting forth areas for consideration when adopting or changing standards; providing for uniformity of application and construction of the act; and providing that this act modifies, limits and supersedes certain parts of the federal Electronic Signatures in Global and National Commerce Act.
Referred to the Committee on the Judiciary.
By Senators McCabe, Caruth, Browning, Barnes, Hall, Sypolt, Deem, Boley, Guills, K. Facemyer, Minard, Plymale, Wells, Stollings, Jenkins, Edgell, Williams, D. Facemire, Palumbo, Green, Tomblin (Mr. President), Yost, Fanning, Helmick, White, Kessler, Chafin, Laird, Unger, Snyder, Prezioso, Foster and Oliverio:
Senate Bill No. 518--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-8-1, §5B-8-2, §5B-8-3, §5B-8-4, §5B-8-5 and §5B-8-6, all relating to the creation of the Governor's Commission on Shaping the Future of Energy for the United States; making legislative findings; setting forth the members and officers of the commission; setting the compensation and the funding for the expenses of the commission; granting powers and duties to the commission; requiring the commission to report to the Joint Committee on Government and Finance and the Governor; and providing for the termination of the commission.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on Finance.
Senators Stollings, Tomblin (Mr. President) and Plymale offered the following resolution:
Senate Concurrent Resolution No. 24--Requesting the Division of Highways to name bridge number 303-9-0.01, located in Boone County, the "Private First Class Edward C. Miller Memorial Bridge".
Whereas, Edward C. Miller was born on March 16, 1918, in Boone County, West Virginia; and
Whereas, Edward C. Miller got out of school and went to work as an embalmer; and
Whereas, On February 4, 1941, Edward C. Miller enlisted in the United States Army and was sent Fort Hayes in Ohio; and
Whereas, Edward C. Miller was stationed in Hawaii at Fort Kamehameha when Japan bombed Pearl Harbor on December 7, 1941; and
Whereas, Private First Class Edward C. Miller survived the attack by Japan and helped with the recovery efforts in Hawaii; and
Whereas, Private First Class Edward C. Miller was honorably discharged from the Army on June 12, 1945, for his honest and faithful service to his country; and
Whereas, Private First Class Edward C. Miller was married to his beloved Ruth on June 30, 1945; and
Whereas, Sadly, Private First Class Edward C. Miller passed away July 30, 1996, leaving behind family and friends to cherish his memory; and
Whereas, It is fitting, to honor Private First Class Edward C. Miller by naming bridge number 303-9-0.01, located in Boone County, the "Private First Class Edward C. Miller Memorial Bridge"; therefore, be it
Resolved by the Legislature:
That the Legislature hereby requests the Division of Highways name bridge number 303-9-0.01, located in Boone County, the "Private First Class Edward C. Miller 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 Edward C. Miller 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 Edward C. Miller.
Which, under the rules, lies over one day.
Senators Stollings, Tomblin (Mr. President), Plymale and Chafin offered the following resolution:
Senate Concurrent Resolution No. 25--Requesting the Division of Highways name bridge number 350-37-15.43, located in Wayne County, the "Master Sergeant Ernie Wallace Memorial Bridge".
Whereas, Ernie Wallace was born in Wayne, West Virginia, on January 30, 1944; and
Whereas, Ernie Wallace graduated from Wayne High School and later enlisted in the United States Marine Corps; and
Whereas, Lance Corporal Ernie Wallace served as a machine gunner with Company H, Second Battalion, Fourth Marines, Third Marine Division during Operation Starlite in Vietnam on August 18, 1965; and
Whereas, Lance Corporal Ernie Wallace fearlessly exposed himself to the enemy while providing cover by fire for the evacuation of wounded Marines; and
Whereas, Lance Corporal Ernie Wallace was awarded the Navy Cross for extraordinary heroism; and
Whereas, Lance Corporal Ernie Wallace's heroism and inspiring dedication to duty reflected great credit upon himself and the Marine Corps and were in keeping with the highest traditions of the United States Naval Service; and
Whereas, Sadly, Master Sergeant Ernie Wallace passed from this life March 11, 2008, leaving behind many family and friends, as well as a grateful state and nation; and
Whereas, It is fitting, to honor the memory of Master Sergeant Ernie Wallace for his dedicated service to this state and nation, by naming bridge number 350-37-15.43, located in Wayne County, the "Master Sergeant Ernie Wallace Memorial Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name bridge number 350-37-15.43, located in Wayne County, the "Master Sergeant Ernie Wallace 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 "Master Sergeant Ernie Wallace 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 Master Sergeant Ernie Wallace.
Which, under the rules, lies over one day.
Senators Wells, Palumbo, Stollings, Plymale and McCabe offered the following resolution:
Senate Concurrent Resolution No. 26--Requesting the Division of Highways name bridge number 320-81-3.57, located in Kanawha County, the "Private First Class Vernon L. Dillard Memorial Bridge".
Whereas, Vernon L. Dillard was born in 1920, in Kanawha County, West Virginia; and
Whereas, Vernon L. Dillard enlisted in the United States Army in August of 1941; and
Whereas, Vernon L. Dillard served honorably in the United States Army during World War II and was engaged in combat in both Germany and France; and
Whereas, Vernon L. Dillard was wounded twice by enemy fire and received the Purple Heart for his sacrifice; and
Whereas, Sadly, Vernon L. Dillard was fatally wounded in battle on April 25, 1945; and
Whereas, It is fitting, to honor the memory of Vernon L. Dillard, who made the ultimate sacrifice for his state and country, by naming bridge number 320-81-3.57, located in Kanawha County, the "Private First Class Vernon L. Dillard Memorial Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name bridge number 320-81-3.57, located in Kanawha County, the "Private First Class Vernon L. Dillard 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 Vernon L. Dillard 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 Vernon L. Dillard.
Which, under the rules, lies over one day.
At the request of Senator Chafin, unanimous consent being granted, the Senate returned to the fourth order of business.
Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 519 (originating in the Committee on Pensions)--A Bill to amend and reenact §8-22A-28 of the Code of West Virginia, 1931, as amended, relating to extending Social Security benefits to members of the West Virginia Municipal Police Officers and Firefighters Retirement System.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Dan Foster,
Chair.
On motion of Senator Foster, the bill (S. B. No. 519) contained in the preceding report from the Committee on Pensions was referred to the Committee on Finance.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 405, Authorizing DEP promulgate legislative rule relating to oil and gas wells and other wells.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Sypolt, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 380, Expanding animal fighting prohibitions.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 420, Denying certain retired troopers from carrying handguns.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 499, Changing names of certain community and technical colleges.
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. 350, Recategorizing recycled energy as renewable energy resource.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Pending announcement of meetings of standing committees of the Senate, including a majority party caucus,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Wednesday, February 10, 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 ***