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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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