sdj-29th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2011
TWENTY-NINTH DAY
____________
Charleston, W. Va., Wednesday, February 9, 2011
The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)
Prayer was offered by Dr. Frank Frye, Madison United Methodist
Church, Madison, West Virginia.
Pending the reading of the Journal of Tuesday, February 8,
2011,
On motion of Senator Minard, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2864--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §61-2-14g; and to amend and reenact §61-2-28 of
said code, all relating to the creation of a misdemeanor crime of
unlawful restraint in the first and second degree; recidivist penalty; affirmative defenses; exemption for law-enforcement; and
the addition of unlawful restraint as a domestic violence offense
in section twenty-eight, article two, chapter sixty-one of the
code.
Referred to the Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
Senator Stollings, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 128, Authorizing DHHR promulgate legislative
rule relating to specialized multipatient medical transport.
Senate Bill No. 131, Authorizing DHHR promulgate legislative
rule relating to fire department rapid response services licensure.
Senate Bill No. 180, Authorizing Board of Veterinary Medicine
promulgate legislative rule relating to standards of practice.
And,
Senate Bill No. 296, Authorizing Board of Optometry promulgate
legislative rule relating to oral pharmaceutical prescriptive
authority.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Ron Stollings,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Stollings, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 160, Authorizing Board of Optometry promulgate
legislative rule relating to examination and scoring policy.
And has amended same.
Senate Bill No. 161, Authorizing Board of Optometry promulgate
legislative rule relating to licensure by endorsement.
And has amended same.
And,
Senate Bill No. 162, Authorizing Board of Optometry promulgate
legislative rule relating to contact lenses that contain and
deliver pharmaceutical agents' certificates.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended; but under the original double committee
references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Ron Stollings,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary, with
amendments from the Committee on Health and Human Resources pending.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 218, Requiring insurance coverage for autism
spectrum disorders.
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 Finance.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with amendments from the
Committee on Banking and Insurance pending.
Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 222, Relating to Municipal Police Officers and
Firefighters Retirement System.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Herb Snyder,
Chair.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 229, Creating Math and Science Teacher Loan
Assistance Program.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 229 (originating in the
Committee on Education)--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§18-2F-1, §18-2F-2, §18-2F-3, §18-2F-4, §18-2F-5 and §18-2F-6, all
relating to creating the Math and Science Teacher Loan Assistance
Program; providing legislative purpose; defining certain terms;
creating a special revenue fund; requiring legislative rules;
establishing procedures for identifying public schools or
geographic areas in critical need of math and science teachers;
administering loan assistance program; authorizing solicitation and
certain match of private funds; providing selection criteria and
procedures for candidates; requiring certain agreements and
contracts; establishing conditions for addressing renewal,
noncompliance, deferral and exceptions; and setting limits on
amount of loan assistance per recipient.
Senate Bill No. 330, Relating to higher education personnel
generally.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 330 (originating in the
Committee on Education)--A Bill to repeal §18-13-1 of the Code of
West Virginia, 1931, as amended; to repeal §18-23-4a of said code;
to repeal §18B-8-3a of said code; to repeal §18B-9-2a, §18B-9-5,
§18B-9-7, §18B-9-8, §18B-9-9, §18B-9-10 and §18B-9-12 of said code;
to amend and reenact §12-1-12d of said code; to amend and reenact
§18B-1-2 and §18B-1-6 of said code; to amend and reenact §18B-1B-4
and §18B-1B-5 of said code; to amend and reenact §18B-2A-3, §18B-
2A-4 and §18B-2A-8 of said code; to amend and reenact §18B-2B-3 of
said code; to amend and reenact §18B-3-1, §18B-3-3 and §18B-3-4 of
said code; to amend and reenact §18B-4-1 of said code; to amend
said code by adding thereto a new section, designated §18B-4-2a; to
amend and reenact §18B-5-9 of said code; to amend and reenact §18B-
7-1, §18B-7-2, §18B-7-3, §18B-7-4, §18B-7-5, §18B-7-6, §18B-7-7,
§18B-7-8, §18B-7-9, §18B-7-10, §18B-7-11 and §18B-7-12 of said
code; to amend said code by adding thereto four new sections,
designated §18B-7-13, §18B-7-14, §18B-7-15 and §18B-7-16; to amend
and reenact §18B-8-1, §18B-8-3, §18B-8-4, §18B-8-5 and §18B-8-6 of
said code; to amend said code by adding thereto a new section,
designated §18B-8-2; to amend and reenact §18B-9-1, §18B-9-2, §18B-
9-3 and §18B-9-4 of said code; to amend said code by adding thereto
a new article, designated §18B-9A-1, §18B-9A-2, §18B-9A-3, §18B-9A-
4, §18B-9A-5, §18B-9A-6, §18B-9A-7 and §18B-9A-8; to amend and
reenact §18B-10-1 of said code; and to amend and reenact §18B-19-10 of said code, all relating to public higher education personnel
generally; state organizations of higher education; public higher
education governance; repealing sunset provision for pilot
investment program for Marshall University and West Virginia
University; extending authority to increase certain types of
investment under certain circumstances; specifying and clarifying
rule-making procedures; specifying certain powers and duties of
certain higher education organizations; requiring certain governing
boards to reach certain graduation rates by certain date;
establishing classification and compensation for certain employees;
providing legislative purposes and intent; providing certain
definitions; requiring creation of certain professional staff
positions; setting forth minimum qualifications and specifying
duties; requiring organization rulemaking; authorizing certain
supplemental retirement, health and welfare benefit plans for
certain employees; providing for certain employer and employee
matches; authorizing employee payroll deductions; requiring
establishment of continuing education and professional development
programs for certain employees; setting forth certain employment
practices; requiring certain periodic reports; specifying data to
be included in reports and designating report due dates; providing
certain exceptions to report due dates; requiring periodic reviews
of human resources functions at certain higher education
organizations; setting forth purposes of reviews; specifying review
criteria and designating completion dates; requiring prior notice
of reviews and setting forth certain exceptions; authorizing compensatory time off for certain employees in certain instances;
setting forth conditions; defining "nonclassified" employees;
limiting percentage of employees designated nonclassified and
providing certain exceptions; establishing formula for calculating
percentage; providing effective date for meeting percentage limits
and requiring compliance reports; authorizing certain employment by
mutual agreement; setting forth terms, conditions and applicability
of agreements; requiring probationary period for certain employees;
authorizing catastrophic leave banks and leave transfer for certain
employees; setting forth terms and conditions for participation;
codifying certain current practices; authorizing merit salary
increases for certain employees under certain conditions; requiring
study of certain employment practices; requiring report and
specifying data and report due date; requiring faculty salary rules
and providing for salary increases in certain instances;
authorizing sabbatical leaves for certain professional personnel;
specifying terms and conditions for participation; maintaining
certain rights and benefits during leaves of absence under certain
circumstances; requiring definition of certain terms; requiring
notice of employment decisions to probationary faculty members by
certain date and providing for hearings in certain instances;
stating legislative intent regarding funding for certain employee
salary schedules; specifying applicability of certain statutes;
establishing certain terms and conditions and providing certain
exceptions; providing formulas for making certain salary
calculations; requiring certification of certain higher education organizations relating to certain salary funding requirements;
specifying applicability of certain rules; requiring review and
approval process for certain rules and specifying responsibilities
of certain professional personnel relating to rulemaking; providing
for funding certain salary schedules; specifying certain
consequences and sanctions and providing exceptions; providing
short title; requiring maintenance of uniform job classification
system; establishing job classification committee and specifying
organization, powers and duties; assigning certain other powers and
duties relating to job classification; establishing compensation
planning and review committee and specifying organization, powers
and duties; providing for establishment of market salary structures
and minimum salary schedules; requiring periodic updates and
specifying certain other related powers and duties; providing for
periodic market salary studies and specifying application of study
findings; requiring certain salary comparisons and establishing
limit on variations of average salaries among employee classes;
specifying authority and duty of Higher Education Policy Commission
and Council for Community and Technical College Education over
classification and compensation system; requiring promulgation of
certain personnel rules by certain date; authorizing emergency
rules with prior approval; establishing parameters for rules;
specifying mechanisms for correcting identified deficiencies and
requiring and authorizing certain sanctions in certain instances;
providing for hearing employee appeals; requiring performance
evaluations for certain employees; requiring certain training for supervisory personnel; establishing terms and conditions for
exercising certain operational flexibilities for governing boards;
establishing goals for implementing certain statutes and rules;
fixing certain implementation responsibilities; providing for
review and approval of governing boards' requests for tuition and
fee increases greater than set amounts; removing caps on increases
in tuition and fees; clarifying procedure for rental, lease and
sale of property; making technical corrections; and deleting
obsolete language.
And,
Senate Bill No. 373, Requiring School Building Authority
allocate and expend certain moneys for vocational programs at
comprehensive middle schools.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 373 (originating in the
Committee on Education)--A Bill to amend and reenact §18-9D-15 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §18-9D-19a, all
relating to comprehensive middle schools; allowing, upon
application by a county board of education, the School Building
Authority to allocate and expend certain moneys for school major
improvement projects for vocational programs at comprehensive
middle schools; providing legislative findings; defining
"comprehensive middle school"; defining "middle or junior high
school"; requiring the authority, when planning the construction of a middle or junior high school, to provide funding for a
comprehensive middle school that includes comprehensive career
technical education facilities to be located, when feasible, on the
same site as the middle or junior high school under certain
conditions; requiring the authority, upon application of a county
board to construct comprehensive career technical education
facilities that would allow an existing middle or junior high
school to become a comprehensive middle school, to provide
technical assistance to the county in developing a plan for
construction of the comprehensive career technical education
facility; and requiring, upon development of the plan, the
authority to consider funding based on certain criteria.
With the recommendation that the three committee substitutes
do pass; but under the original double committee references first
be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bills (Com. Sub. for S. B. Nos. 229, 330 and 373), under
the original double committee references, were then referred to the
Committee on Finance.
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. 239, Extending period higher education
institutes have to deposit moneys into research endowments.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
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. 247, Exempting certain construction purchases
from consumers sales, service and use tax.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 247 (originating in the
Committee on Economic Development)--A Bill to amend and reenact
§11-15-8d of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new section, designated
§11-15-9n, all relating to consumers sales and service tax and use
tax; specifying that effective July 1, 2011, restrictions on
exemptions by a construction contractor do not apply for certain
purchases of primary material handling equipment, racking and
racking systems and their components nor do these restrictions on
exemptions apply to purchases of building materials and certain
tangible personal property if the purchaser of contracting services
would be entitled to claim a newly created exemption; specifying
exemption for certain purchases of primary material handling equipment, racking and racking systems and their components,
building materials and certain tangible personal property;
specifying the application for certification of exemption and plan
describing investment to be made; specifying application and plan
filing date; specifying treatment of late filings and untimely
filings of application and plan; specifying loss of exemption if
investment is not made within the expansion period; defining terms;
specifying exclusions and limitations for qualified warehouses and
distribution facilities; specifying exclusions and
disqualifications for failure to meet statutory criteria and
requirements; specifying over-the-counter sales restrictions;
specifying manufacturing, fabrication and assembly restrictions;
specifying statute of limitations; specifying issuance of
assessments against the purchaser of contracting services entitled
to the newly created exemption and not against a contractor who
relied in good faith upon validity of an exemption; specifying that
the taxpayer first pay to the vendor the tax and then apply to the
State Tax Commissioner for a refund or credit; and alternative use
of the direct pay permit number.
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. 247), under the original double committee reference, was then referred to the Committee on
Finance.
Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 270, Relating to Employee Suggestion Award
Board.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 270 (originating in the
Committee on Government Organization)--A Bill to amend and reenact
§5A-1A-4 of the Code of West Virginia, 1931, as amended, relating
to the Employee Suggestion Award Program; increasing the maximum
cash award; requiring the board to report to the Legislature every
five years; and allowing the Governor to make a secondary award.
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,
Herb Snyder,
Chair.
The bill (Com. Sub. for S. B. No. 270), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 280, Changing certain deadlines associated
with employment of service and school personnel.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 280 (originating in the
Committee on Education)--A Bill to amend and reenact §18A-2-2,
§18A-2-6, §18A-2-7 and §18A-2-8a of the Code of West Virginia,
1931, as amended, all relating to changing certain deadlines
associated with the termination, resignation and transfer of school
personnel and rehiring of probationary employees.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
Senator Stollings, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 294, Authorizing DHHR promulgate legislative
rule relating to emergency medical services.
And has amended same.
And,
Senate Bill No. 295, Authorizing DHHR promulgate legislative
rule relating to safety and treatment program.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended; but under the original triple committee
references first be referred to the Committee on Finance; and then
to the Committee on the Judiciary.
Respectfully submitted,
Ron Stollings,
Chair.
The bills, under the original triple committee references,
were referred to the Committee on Finance; and then to the
Committee on the Judiciary, with amendments from the Committee on
Health and Human Resources pending.
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. 337, Making failure to wear safety belts
primary offense.
With an amendment from the Committee on Transportation and
Infrastructure pending;
And reports the same back with the recommendation that it do
pass as amended by the Committee on the Transportation and
Infrastructure to which the bill was first referred.
Respectfully submitted,
Corey Palumbo,
Chair.
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. 343, Relating to hearing impaired license
plate.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 343 (originating in the
Committee on Transportation and Infrastructure)--A Bill to amend
and reenact §17A-3-14 of the Code of West Virginia, 1931, as
amended, relating to authorizing the Division of Motor Vehicles to
issue a special license plate for applicants who are hearing
impaired; establishing requirements for eligibility; and fees.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Robert D. Beach,
Chair.
The bill (Com. Sub. for S. B. No. 343), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 435, Amending insurance code with respect to
surplus lines insurance.
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,
Joseph M. Minard,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
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. 14, Requesting DOH name
bridge in Whitesville crossing Big Coal River, "CPL Charles
'Mitchell' Hannah Memorial Bridge".
Senate Concurrent Resolution No. 16, Requesting DOH name WV
54, from intersection with CR 54/4 to intersection with WV 16,
"C.C. 'Sonnie' Phillips Bypass".
Senate Concurrent Resolution No. 18, Requesting DOH name
bridge on Corridor H in Moorefield, Hardy County, "Richard Lee
'Dickie' Moyers Veterans Memorial Bridge".
And,
Senate Concurrent Resolution No. 19, Requesting DOH name WV 3
from intersection with WV 94 to Raleigh County Line "John Protan Highway".
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
Robert D. Beach,
Chair.
Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. House Bill No. 2557, Extending the time for the Board of
Education of Upshur County to meet as a levying body.
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,
Herb Snyder,
Chair.
At the request of Senator Palumbo, as chair of the Committee
on the Judiciary, unanimous consent was granted to dispense with
the second committee reference of the bill contained in the
foregoing report from the Committee on Government Organization.
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 Sypolt:
Senate Bill No. 468--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §22-29-1, §22-29-2, §22-29-3 and §22-29-4, all relating
to creating the Intrastate Coal and Use Act; establishing that the
environmental regulation of coal and certain coal products mined
and used within the state are exclusively regulated by the West
Virginia Department of Environmental Protection; stating
legislative authority; and defining terms.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Hall, Browning and Klempa:
Senate Bill No. 469--A Bill to amend and reenact §16-13A-4 of
the Code of West Virginia, 1931, as amended, relating to public
service district board members; increasing the salary of public
service district board members; clarifying when salary and expense
payments may be made; and adding sewer service to the salary
schedule for public service districts which contract with others to
provide service.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Unger, Beach, Klempa, K. Facemyer, Jenkins,
Plymale, Foster, Snyder, Browning, McCabe, Stollings, Palumbo,
Minard, Williams, Yost, Sypolt, Barnes, Kessler (Acting President),
Edgell, Miller, Tucker, Fanning, Prezioso, Wills and Wells:
Senate Bill No. 470--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,
designated §17C-14-15, relating to establishing the misdemeanor
offense of unlawful use of a wireless communication device for
nonvoice interpersonal communication while operating a motor
vehicle on a street or highway; providing definitions; providing
exceptions; and establishing misdemeanor criminal penalties.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Foster, Laird, Kessler (Acting President),
Prezioso, Wills, Minard, Klempa, Yost and McCabe:
Senate Bill No. 471--A Bill to amend and reenact §30-7-15a,
§30-7-15b and §30-7-15c of the Code of West Virginia, 1931, as
amended; and to amend and reenact §30-15-7, §30-15-7a, §30-15-7b
and §30-15-7c of said code, all relating to expanding prescriptive
authority of advanced nurse practitioners and certified nurse
midwives; and removing requirement for collaborative relationships
with physicians.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 472--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §33-12-32a, relating to providing an exemption from
insurance licensing requirements for vendors of portable
electronics when offering portable electronics insurance.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Kessler (Acting President), Minard, Klempa and
Yost:
Senate Bill No. 473--A Bill to amend and reenact §8-15-11 and
§8-15-22 of the Code of West Virginia, 1931, as amended, all
relating to reinstating a former fire chief of fire department to
previously held positions within the paid fire department following
expiration of term as chief; and providing for appointment of
deputy chief of fire department.
Referred to the Committee on Government Organization.
By Senators Kessler (Acting President), Prezioso, Beach,
Williams, Edgell, Palumbo, Plymale, Wills, D. Facemire, Klempa and
Yost:
Senate Bill No. 474--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §55-7-23a, relating to products' reliability claims that
are based upon prescription drug manufacturer's alleged failure to
warn.
Referred to the Committee on the Judiciary.
By Senators Unger, Plymale, D. Facemire and Minard:
Senate Bill No. 475--A Bill to amend and reenact §11-6G-17 of
the Code of West Virginia, 1931, as amended, relating to
authorizing a subsidy of the cost of certain Class IV municipal
audits and the cost of local government fraud examinations from the
Interstate Commerce Disclosure Fund.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators McCabe, Miller, Hall, Foster and Plymale:
Senate Bill No. 476--A Bill finding and declaring certain
claims against the state and its agencies to be moral obligations
of the state; and directing the Auditor to issue warrants for the
payment thereof.
Referred to the Committee on Finance.
By Senators Barnes, Palumbo, Plymale, Tucker, Minard and
Klempa:
Senate Bill No. 477--A Bill to amend and reenact §61-8B-1 of
the Code of West Virginia, 1931, as amended, relating to sexual
offenses; definitions; and amending the definition of "sexual
contact".
Referred to the Committee on the Judiciary.
By Senators Minard and Wells:
Senate Bill No. 478--A Bill to amend and reenact §29B-1-3 of
the Code of West Virginia, 1931, as amended, relating to
prohibiting a public body from charging a fee for an electronic
copy of a public record under the state's public records law unless
the fee has been specifically authorized by the Legislature in the
code or a legislative rule.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Barnes, Unger, Jenkins, Klempa and Yost:
Senate Bill No. 479--A Bill to amend and reenact §11-5-1 of
the Code of West Virginia, 1931, as amended, relating to the assessment of personal property; and exempting antique motor
vehicles and antique motorcycles from taxable personal property.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
Senators Beach, Kessler (Acting President), Plymale, Prezioso,
Browning, Minard, Klempa, Yost and Unger offered the following
resolution:
Senate Concurrent Resolution No. 24--Requesting the
Commissioner of the Division of Highways name bridge located
between Morgantown and Westover, Monongalia County, West Virginia,
on U.S. Route 19, known as the Westover Bridge and crossing the
Monongahela River, specifically bridge number 31-19/18-0.15, the
"Joseph C. Bartolo Memorial Bridge".
Whereas, Joseph C. Bartolo was born on March 12, 1937, in
Morgantown, West Virginia and was a life-long resident of the area;
and
Whereas, Joseph C. Bartolo was the son of the late Ernest P.
Bartolo, Sr. and Virginia Craig Bartolo; and
Whereas, Joseph C. Bartolo served as a Deputy Monongalia
County Sheriff and advanced through the ranks to Chief Deputy
Sheriff, where he served in that capacity for sixteen years before
being elected Sheriff of Monongalia County; and
Whereas, Joseph C. Bartolo served four, four-year terms as
Sheriff of Monongalia County; and
Whereas, Joseph C. Bartolo was elected Mayor of the City of
Westover for two, two-year terms between serving as Sheriff of Monongalia County; and
Whereas, Joseph C. Bartolo passed away on January 14, 2009, at
his home in Morgantown and only fourteen days after his last term
as Sheriff ended. He was survived by his wife, Helen; two sons,
Joseph E. Bartolo and Burt Barrell, and three daughters, Vicky
Anderson, Rachael Bartolo and Corrine Spangler; and two siblings,
Bill Bartolo, currently a Monongalia County Commissioner, and
Ernest Bartolo, Jr., retired and part-time teacher at Fairmont
State University. He was preceded in death by one brother, James
Bartolo, and a son, Kurt Barrell; and
Whereas, Joseph C. Bartolo was a committed and respected
public servant and worked tirelessly on many issues for the benefit
of the citizens of Westover and Monongalia County. He placed high
priorities on the area's youth and seniors and met with them
frequently at various activities in support thereof. He was a
beloved husband, father, brother and friend who passed away after
many years in the service to his community, county, state and
country and will be missed by all who knew him; and
Whereas, The life of Joseph C. Bartolo shall be recognized and
honored; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Commissioner of the
Division of Highways name the bridge between Morgantown and
Westover, Monongalia County, West Virginia, on U.S. Route 19, known
as the Westover Bridge and crossing the Monongahela River,
specifically bridge number 31-19/18-0.15, the "Joseph C. Bartolo Memorial Bridge"; and, be it
Further Resolved,
That the Commissioner of the Division of
Highways is hereby requested to cause to be fabricated signs to be
erected at each entry of said bridge, containing bold and prominent
letters proclaiming the bridge to be the
"Joseph C. Bartolo
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 Joseph C.
Bartolo.
Which, under the rules, lies over one day.
Senators Hall, K. Facemyer, Kessler (Acting President),
Plymale, Browning, Klempa, Yost, McCabe and Unger offered the
following resolution:
Senate Concurrent Resolution No. 25--Requesting the Division
of Highways to name West Virginia Route 35, running through Putnam
and Mason counties, the "Fruth-Lanham Highway".
Whereas, Jack E. Fruth, son of Henry E. and Marjorie M. Fruth,
formerly Rothgeb, of Mason County was born June 3, 1928, in Mason
County, West Virginia, and died on July 19, 2005; and
Whereas, Jack E. Fruth graduated from Greenbrier Military
School in 1946, attended Duke University and graduated from the
Ohio State University School of Pharmacy in 1951, where he was a
member of Kappa Psi Pharmaceutical Fraternity; and
Whereas, Jack E. Fruth received an honorary Master's Degree of
Public Service from the University of Rio Grande; and
Whereas, Jack E. Fruth and the former Frances Rhodes of South
Charleston, Ohio, a graduate of the Ohio State University School of
Home Economics, were married in December, 1950, and have five
children who are Michael, Joan, Carol, Lynne and John, and eight
grandchildren; and
Whereas, Jack E. Fruth served as president of the West
Virginia Pharmacists Association and received the Bowl of Hygeia
Award for Community Service in 1975; and
Whereas, Jack E. Fruth was a member of the Ohio State
Pharmaceutical Association; the National Association of Retail
Pharmacists; served as Pharmacy Representative to the Medical
Advisory Board of the West Virginia Department of Human Services
and served as Chairman from 1979-1983; and
Whereas, Jack E. Fruth was a member of the Associated Chain
Drug Stores, Inc., had served on its Board of Directors and had
served as the National Chairman of Affiliated Associated Chain Drug
Stores from 1989-1990; and
Whereas, Jack E. Fruth received the James H. Beal Award from
West Virginia Pharmacists Association in 1995 and was a member of
the West Virginia State Board of Pharmacy and the Ohio State
University College of Pharmacy Corporate Council; and
Whereas, Jack E. Fruth was a member of the Point Pleasant
Chapter of Rotary International, serving as President in 1962, and
was a member of the Loyal Order of Moose, Minturn Lodge No. 19 A.F.
& A.M., Pat Wilson Shrine Club and Beni Kedem Temple; and
Whereas, Jack E. Fruth was on the Board of Trustees of Pleasant Valley Hospital since 1958, serving as President from
1982-83; was Vice President of the Mason County Development
Authority; was a Director for the Point Pleasant-Mason County
Chamber of Commerce, serving as President in 1968; was a member of
the Board of Trustees of Trinity United Methodist Church; and was
Investment Committee Chair for United Methodist Charities; and
Whereas, Jack E. Fruth served on the Board of Directors of the
Green Acres Center and was Chairman in 1962; was Chairman of the
Executive of Peoples Bank from 1965-1988 and Chairman of the Board
since 1988; had been a Director of the City Holding Company since
1986; was a member of the West Virginia Roundtable; was a member of
the University of Rio Grande Board of Trustees, serving as
President from 1997-1998; and was a member of the Regional Economic
Development Authority of Rio Grande, Ohio; and
Whereas, Jack E. Fruth was the founder and chairman of Fruth
Pharmacy, a regional drug chain comprised of twenty-two retail
pharmacies in West Virginia and Ohio and served on the Visitation
Committee for the West Virginia University School of Pharmacy; and
Whereas, Charles C. Lanham, son of Stanton and Westa Lanham,
formerly Jones, of Jackson County, was born September 12, 1928, in
Kanawha County, West Virginia; and
Whereas, Charles C. Lanham graduated from Ripley High School
in 1946, Marshall University in 1952, the West Virginia School of
Banking in 1956, the Graduate School of Consumer Banking of the
University of Virginia in 1958, the Graduate School of Banking at
the University of Wisconsin in 1962 and the Senior Bank Officer of Harvard University in 1968; and
Whereas, Charles C. Lanham and the former Lilly Faye Staats of
Mason and Jackson counties, were married in 1950 and have four
children who are Terry, Joyce, Edgar and Bert, ten grandchildren
and one great-grandson; and
Whereas, Charles C. Lanham began his distinguished banking
career in 1952 at the First National Bank of Ripley and, in 1963,
became Executive Vice President, then President, of Citizens
National Bank, Point Pleasant, until Citizens National Bank became
a Division of The First Huntington National Bank and he remained as
President there until 1993; and
Whereas, Between 1993 and 1997, Charles C. Lanham was
President of Bank One, West Virginia, Point Pleasant; Senior Vice
President, Bank One, West Virginia; then Chairman, Bank One, West
Virginia, Point Pleasant; and
Whereas, Between 1997 and 1999, Charles C. Lanham was
Executive Vice President, Ohio Valley Bank; Senior Vice President,
Ohio Valley Banc Corp; and Director, Ohio Valley Banc Corp; and
Whereas, Charles C. Lanham is currently a member of Ohio
Valley Bank West Virginia Advisory Board; Director Emeritus, Ohio
Valley Banc Corp.; and Governmental Relations Officer, Ohio Valley
Bank; and
Whereas, Charles C. Lanham was named "West Virginia Banker of
the Year" in 1997; has been a member of the American Bankers'
Association since 1978, serving as State Vice President and on the
Government Relations Council and Bankpac Committee; and
Whereas, Charles C. Lanham is a lifetime member of the West
Virginia Bankers' Association, having served as a former President
and member of the Board of Directors and on many Task Forces and is
member of the President's Club; and
Whereas, Charles C. Lanham served as Cochairman, Route 35
Committee, Mason County; is a member of the Marshall University
Lewis College of Business Advisory Board and Marshall University
Economic Development Authority Advisory Board, among others; and
Whereas, Charles C. Lanham was the first President and a
member of Pleasant Valley Hospital Health Foundation; is a member
of the West Virginia Roundtable; is a former President and current
Treasurer of the Board of Trustees of Pleasant Valley Hospital; and
is a former member Board of Directors of West Virginia Hospital
Association; and
Whereas, Charles C. Lanham is a member and past President of
the Point Pleasant Rotary Club; is a past President and ex-officio
member of the Board of Directors of the Mason County-Point Pleasant
Chamber of Commerce; is a former member of the Big Green Club and
the Presidential Advisory Board of Marshall University; is a past
President of Mason County BiCentennial, Inc.; is President of Mason
County Development Authority; Regional Director of the West
Virginia Chamber of Commerce; President of Regional Economic
Development Association; and is a member of Regional Airport
Authority and the West Virginia Public Port Authority; and
Whereas, In 2004, Charles C. Lanham was appointed to the West
Virginia Senate from the fourth senatorial district; served on the Senate committees on Banking and Insurance, Economic Development,
Government Organization, the Judiciary and Labor and Pensions;
then, decided not to seek election to the West Virginia Senate in
2006; and
Whereas, It is evident that both Jack E. Fruth and Charles C.
Lanham have contributed greatly to their communities and this State
of West Virginia; and
Whereas, It is fitting to honor Jack E. Fruth and Charles C.
Lanham by naming West Virginia Route 35 running through Putnam and
Mason counties as the Fruth-Lanham Highway in lasting tribute from
the grateful citizens of Putnam and Mason counties and the State of
West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name West Virginia Route 35, running through Putnam and Mason
counties, the Fruth-Lanham Highway; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the road as
the "Fruth-Lanham Highway" at strategic places upon entering both
Putnam and Mason counties from both directions; 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, to next of kin of Jack E. Fruth
and to Charles C. Lanham.
Which, under the rules, lies over one day.
Senators D. Facemire, Kessler (Acting President), Browning, Minard, Klempa, Yost and Unger offered the following resolution:
Senate Concurrent Resolution No. 26--Requesting the Division
of Highways to name the bridge on County Rt. 23, near Walkersville
in Lewis County, bridge number 21-23/-8.17, as the "SP4 Loyd Eugene
Robinson Memorial Bridge".
Whereas, SP4 Loyd Eugene Robinson was born on February 17,
1950 in Lewis County, died on June 11, 1971 in Binh Dhin, South
Viet Nam by hostile fire and was a member of the elite group of
0special forces, C Co, 75th Infantry, 173rd Airborne, BDE Rangers;
and
Whereas, SP4 Loyd Eugene Robinson attended schools in Lewis
County throughout his youth, graduating from Lewis County High
School in the class of 1969, where he competed and was lettered in
track and wrestling; and
Whereas, SP4 Loyd Eugene Robinson sought to follow the example
of his five older brothers, Tom, Roy, Branty, Jim and Roscoe, and
became a member of the armed forces, performing his duty for
country and home by serving in the Army of the United States,
earning the rank of Specialist Four; and
Whereas, SP4 Loyd Eugene Robinson, was the recipient of the
honorable ARMY COMMENDATION MEDAL for the performance of
exceptionally meritorious service in Vietnam from November 1970 to
June 1971; and
Whereas, SP4 Loyd Eugene Robinson, was awarded the PURPLE
HEART by the President of the United States for wounds received in
action; and
Whereas, SP4 Loyd Eugene Robinson, was a kind and giving young
man who loved his family, his community, his school, his nation and
enjoyed riding motorcycles and life; and
Whereas, SP4 Loyd Eugene Robinson, ultimately gave his rich,
young life in the performance of his duty to country during which
the Secretary of the Army describes him as displaying outstanding
professional competence and devotion to duty and as reflecting
great credit upon himself, his unit and the military service; and
Whereas, It is fitting to honor SP4 Loyd Eugene Robinson for
his service and for the gift of his young, exemplary life in the
service of this nation and of us all; and
Whereas, The naming of a bridge in honor of SP4 Loyd Eugene
Robinson is but a small gesture of gratitude and appreciation for
the sacrifice made by this young man and suffered by his family;
therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways
to name the bridge on County Rt. 23, near Walkersville in Lewis
County, bridge number 21-23/-8.17, as the "SP4 Loyd Eugene Robinson
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 "SP4 Loyd Eugene Robinson 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; to Mr. Robinson's sisters, Lena Rose Nissel, Grace Belle Anderson, Nettie Gregory, Betty Mitchell,
Hazel Blake and Katy Craig; to his surviving brothers, Jim
Robinson, Roscoe Robinson and Johnny Robinson; and to next of kin
of his deceased brothers, Thomas Robinson, Roy Curtis Robinson and
Paul Branty Robinson, if not already receiving a certified copy as
a surviving sibling.
Which, under the rules, lies over one day.
Senators Wells, Unger, Foster, Plymale, Stollings, Miller,
Klempa, Yost and McCabe offered the following resolution:
Senate Resolution No. 23--Recognizing the West Virginia Soccer
Club Rowdies U14 Boys team for their outstanding athletic
achievements.
Whereas, The Rowdies boys team is a two-time state champion,
winning the championship in 2009 and 2010; and
Whereas, The Rowdies are undefeated in West Virginia league
and tournament play for over three years and have not lost a game
in West Virginia for over three years; and
Whereas, The Rowdies have won tournaments and defeated
opponents around the region including Ohio, Tennessee, Virginia,
and North Carolina; and
Whereas, The Rowdies are one of only a handful of youth soccer
teams in West Virginia who are nationally ranked; and
Whereas, The Rowdies are led by coaches Bob Gray and Scott
Letts and the players include Alex Northup, James Snavely, Luke
Mace, Zach Stevens, Reid Rowsey, Jesse Richmond, Noah LaLiberty,
Marshall Howerton, Kwesei Wilkerson, Zack Koontz, Will Walker, Joey Trupo, Beau Simpson, Austin Miller, Clayton Lightner, Avery
Meadows, Loran Meadows; and
Whereas, The Rowdies are a shining example of what can be
accomplished through teamwork, dedication and commitment;
therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the West Virginia Soccer
Club Rowdies U14 Boys team for their outstanding athletic
achievements; and, be it
Further Resolved, That the Senate congratulates the Rowdies on
their success and wishes them luck in the future; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to each coach and player of the Rowdies.
At the request of Senator Wells, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Unger, the Senate recessed for five
minutes.
At the expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Senators
Prezioso, Unger, McCabe, Hall, K. Facemyer, Palumbo,
Boley, Barnes, Yost, Edgell, D. Facemire, Foster, Laird, Minard,
Helmick, Jenkins, Beach, Browning, Stollings, Klempa, Wells, Wills,
Miller, Chafin, Tucker, Williams, Sypolt, Plymale, Nohe, Kessler
(Acting President), Fanning, Snyder and Green
offered the following
resolution:
Senate Resolution No. 24
--
Designating February 9, 2011, as
"Disability Advocacy Day".
Whereas, There are more than 400,000 West Virginians with
disabilities; and
Whereas, People with disabilities have the right to equal
opportunity to live full productive lives in the community of their
choice; and
Whereas, People with disabilities have the right to receive
supports they need to exercise self-determination, achieve
independence, contribute to their communities, and become
productive employees in the workplace; and
Whereas, Organizations representing the rights and issues that
affect people with disabilities and West Virginia's citizens with
disabilities, family members and other advocates have banded
together in a collective group, called the Fair Shake Network, to
help bring their concerns to the forefront of public awareness; and
Whereas, The purpose of Disability Advocacy Day is to
increase the awareness of legislators, administrators,
policymakers, and the public of the public policy issues that are
important to people with disabilities; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 9, 2011, as
"Disability Advocacy Day"; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate representatives of the
Fair Shake Network.
At the request of Senator Prezioso, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 22, Requesting DOH name
bridge located in Renick, Greenbrier County, "Keene Memorial
Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Senate Concurrent Resolution No. 23, Requesting Acting
Governor Earl Ray Tomblin communicate further with WV Congressional
Delegation to ask Department of State to make certain demands on
government of United Arab Emirates.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Finance.
The Senate proceeded to the eighth order of business.
Eng. 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 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, Fanning, Foster,
Green, 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)--32.
The nays were: None.
Absent: K. Facemyer and Tomblin (Mr. President)--2.
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. 265) 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, Fanning, Foster, Green,
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)--32.
The nays were: None.
Absent: K. Facemyer and Tomblin (Mr. President)--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 265) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 438, Relating to election of magistrates
by division.
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, Fanning, Foster,
Green, 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)--32.
The nays were: None.
Absent: K. Facemyer and Tomblin (Mr. President)--2.
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. 438) passed with its title.
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. 196, Relating to criminal
offenses of robbery and attempted robbery.
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:
Senate Bill No. 205, Updating certain terms in Corporation Net
Income Tax Act.
Senate Bill No. 215, Updating certain terms in Personal Income
Tax Act.
Com. Sub. for Senate Bill No. 338, Permitting state opt out of
federal statute preventing residents convicted of certain crimes from receiving certain benefits.
And,
Com. Sub. for Senate Bill No. 385, Amending section relating
to special penalties for assault and battery on athletic official.
On motion of Senator Unger, leaves of absence for the day were
granted Senators Tomblin (Mr. President) and K. Facemyer.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Unger, the Senate adjourned until
tomorrow, Thursday, February 10, 2011, at 11 a.m.
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