sdj-31st day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2011
THIRTY-FIRST DAY
____________
Charleston, W. Va., Friday, February 11, 2011
The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)
Prayer was offered by the Reverend Tom Bias, Olive Branch
Missionary Baptist Church, Turtle Creek, West Virginia.
Pending the reading of the Journal of Thursday, February 10,
2011,
On motion of Senator Stollings, 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.
On motion of Senator Unger, the Senate recessed for five
minutes to permit Abby Sobonya to address the Senate on behalf of
the Frasure-Singleton Student Legislative Program.
Upon expiration of the recess, the Senate reconvened and
proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2011, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2693--A Bill to amend and
reenact §5-16-7 of the Code of West Virginia, 1931, as amended; to
amend said code by adding thereto a new section, designated §5-16B-
6e; to amend said code by adding thereto a new section, designated
§9-5-21; to amend said code by adding thereto a new section,
designated §33-15-4k; to amend said code by adding thereto a new
section, designated §33-16-3v; to amend said code by adding thereto
a new section, designated §33-24-7k; and to amend said code by
adding thereto a new section, designated §33-25A-8j, all relating
to requiring insurance coverage for autism spectrum disorders;
providing definitions; and providing reporting requirements by
state agencies.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 64--Requesting the Governor to
take suitable public notice on Saturday, August 27, 2011, and on
the fourth Saturday of August of each succeeding year thereafter,
of "First Responders Appreciation Day. in honor, recognition and
appreciation of all police officers and firefighters of West
Virginia and their families.
Referred to the Committee on Government Organization; and then to the Committee on Rules.
The Senate proceeded to the fourth order of business.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Joint Resolution No. 9, Proposing amendment to
Constitution designated The Silenced Majority Local Levy and Bond
Amendment.
And reports the same back with the recommendation that it be
adopted; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Corey Palumbo,
Chair.
The resolution, under the original double committee reference,
was 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. 61, Authorizing Supreme Court appoint hearing
officers for juvenile drug courts.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 61 (originating in the Committee on Finance)--A Bill to amend the Code of West Virginia, 1931, as
amended, by adding thereto a new section, designated §49-5-2b; and
to amend and reenact §62-15-4 of said code, all relating generally
to juvenile drug courts; appointment of hearing officers for
juvenile drug courts; and authorizing additional juvenile drug
courts.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
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
Senate Bill No. 96, Relating generally to certain county
officials.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 96 (originating in the Committee
on Government Organization)--A Bill to amend and reenact §7-7-2,
§7-7-3, §7-7-4, §7-7-4a, §7-7-6b, §7-7-6d, §7-7-7, §7-7-7a, §7-7-9,
§7-7-11, §7-7-12, §7-7-13, §7-7-14, §7-7-15, §7-7-16, §7-7-16a and
§7-7-20 of the Code of West Virginia, 1931, as amended, all
relating generally to eliminating outmoded language concerning compensation of county elected officials by certain county classes;
repealing the requirement that the compensation of certain county
employees be in compliance with the Economic Stabilization Act of
1970; transferring some training program responsibilities and
valuation classification of property responsibilities from the
State Tax Commissioner to the State Auditor in accordance with
existing code provisions; authorizing the State Tax Commissioner
and State Auditor to establish training programs for certain
employees; eliminating language regarding the transition from part-
time to full-time prosecutors inconsistent with other code
provisions; removing the limitations on food, lodging, registration
fees and mileage on authorized training; eliminating the outdated
property valuations used to determine the compensation of elected
county officials; permitting a county sheriff to turn over an
impounded dog to the local humane society instead of killing it;
eliminating references to county positions that no longer exist;
and removing the limitation of the costs for the housing and
feeding of prisoners in counties having a population of thirty
thousand or less.
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. 96), under the original
double committee reference, was 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. 137, Authorizing Insurance Commissioner
promulgate legislative rule relating to suitability in annuity
transactions.
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,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
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. 138, Authorizing Insurance Commissioner
promulgate legislative rule relating to insurance adjusters.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary, with an amendment
from the Committee on Finance pending.
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. 219, Relating to maintaining solvency of
Unemployment Compensation Fund.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 219 (originating in the
Committee on Finance)--A Bill to amend and reenact §11B-2-20 of the
Code of West Virginia, 1931, as amended; and to amend and reenact
§21A-8-1 and §21A-8-10 of said code, all relating to maintaining
solvency of the Unemployment Compensation Fund; providing a
mechanism for the Governor to borrow funds from the Revenue
Shortfall Reserve Fund and deposit those funds into the
Unemployment Compensation Fund if the balance of the Unemployment Compensation Fund drops below $20 million; providing that no amount
borrowed shall exceed $20 million; and providing for repayment of
any outstanding loans from the Revenue Shortfall Reserve Fund or
other funds legally available.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Wells, from the Committee on Military, submitted the
following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 238, Redesignating Division of Veterans'
Affairs as Department of Veterans' Assistance.
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,
Erik P. Wells,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with amendments from the
Committee on Military pending.
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. 294, Authorizing DHHR promulgate legislative
rule relating to emergency medical services.
With an amendment from the Committee on Health and Human
Resources pending;
And,
Senate Bill No. 295, Authorizing DHHR promulgate legislative
rule relating to safety and treatment program.
With an amendment from the Committee on Health and Human
Resources pending;
And reports the same back with the recommendation that they
each do pass as amended by the Committee on Health and Human
Resources to which the bills were first referred; but under the
original triple committee references first be referred to the
Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bills, under the original triple committee references,
were then referred to the Committee on the Judiciary, with
amendments from the Committee on Health and Human Resources
pending.
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. 329, Updating provisions of sales and use tax.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
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. 331, Correcting invalid code reference in
definition of "eligible taxpayer".
And,
Senate Bill No. 371, Updating list of jurisdictions identified
as tax havens.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Wells, from the Committee on Education, submitted the
following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 375, Authorizing Higher Education Policy
Commission collect and disseminate information concerning higher
education institutions.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Erik P. Wells,
Vice 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. 395, Requiring annual surpluses from certain
revenue shortfall funds be transferred to State Road Fund.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 395 (originating in the
Committee on Transportation and Infrastructure)--A Bill to amend
and reenact §11B-2-20 of the Code of West Virginia, 1931, as
amended, relating to requiring the annual surplus determined in
accordance with this section be deposited in the State Road Fund in
lieu of the Revenue Shortfall Fund when the Revenue Shortfall Fund
is funded in an amount equal to or exceeding ten percent of the General Revenue Fund budget for the fiscal year just ended.
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. 395), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Wells, from the Committee on Education, submitted the
following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 434, Relating to school cooks.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 434 (originating in the
Committee on Education)--A Bill to amend and reenact §18A-2-4 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §18A-4-8, §18A-4-8a and §18A-4-8b of said code, all
relating to public education service personnel; requiring county
boards to bear the cost of certification renewal for personnel with
the class title of Educational Sign Language Interpreter I or II
under certain conditions; declaring that time devoted to the process of maintaining or acquiring certification that is a
condition of employment constitutes continuing education; deleting
certain defined class titles and including certain service
personnel employed under certain deleted class titles under other
existing class titles or new class titles; prohibiting employment
for the first time of a service person as a Food Services
Supervisor after a certain date; allowing service personnel
classified as a Foreman to be assigned work within the
classification; changing the class title Graphic Artist to Graphic
Designer and expanding definition; changing the class title Mail
Clerk to Mail Carrier; amending certain class title definitions;
adding new class titles and assigning pay grades; amending pay
grade for Cafeteria Manager; adding to the minimum monthly pay of
a service person classified as Cook or Cafeteria Manager for
certain college hours in the area of child nutrition; and amending
class titles that are to be considered as a single classification
of employment.
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,
Erik P. Wells,
Vice Chair.
The bill (Com. Sub. for S. B. No. 434), under the original double committee reference, was then referred to the Committee on
Finance.
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. 439, Establishing statute of limitations
regarding claims involving manufactured housing.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 439 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §21-9-11a
of the Code of West Virginia, 1931, as amended, relating to
clarifying that the filing of a complaint with the state regulatory
board is a prerequisite for the filing of a lawsuit.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Wells, from the Committee on Education, submitted the
following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 486, Creating WVU-Tech Revitalization Project.
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,
Erik P. Wells,
Vice Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 2475, Including certain records of the
Division of Juvenile Services in the exemptions from disclosure
under the Freedom of Information Act.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Corey Palumbo,
Chair.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators Kessler (Acting President), Unger, Browning,
McCabe, Plymale, Klempa, Yost and Minard:
Senate Bill No. 491--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,
designated §5A-2-35, relating to creation of the West Virginia
Futures Fund; initial funding to consist of twenty-five percent of
increased proceeds from oil and natural gas extraction; expressing
legislative intent not to encumber or otherwise use any principal
or interest from the fund for a term of twenty years; and providing
for use of the fund.
Referred to the Committee on Finance.
By Senators Kessler (Acting President), Stollings, McCabe,
Foster, Hall, Jenkins, Prezioso, Unger, Plymale, Wells, Klempa,
Yost and Minard:
Senate Bill No. 492--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-27-38, relating to health care provider taxes;
maximizing federal funding for the state Medicaid program;
increasing the health care provider tax imposed on gross receipts
of providers of certain eligible acute care hospitals contingent
upon federal approval of a Medicaid state plan amendment; providing
for the collection and administration of the increased health care
provider tax on certain eligible acute care hospitals; and
providing an effective date and expiration date.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Stollings and Minard:
Senate Bill No. 493--A Bill to amend and reenact §24A-1-3 of
the Code of West Virginia, 1931, as amended, relating to exempting
motor vehicles used by the Department of Health and Human Resources
solely for transporting Medicaid patients from the jurisdiction of
the Public Service Commission; and providing a safety and insurance
exception.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Beach and Klempa:
Senate Bill No. 494--A Bill to amend and reenact §19-1A-2 and
§19-1A-3 of the Code of West Virginia, 1931, as amended; and to
amend and reenact §19-1B-3 of said code, all relating to providing
additional protections for state forests and other public lands
where timbering operations are conducted.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Palumbo and Plymale:
Senate Bill No. 495--A Bill to repeal §3-4A-13a of the Code of
West Virginia, 1931, as amended; and to amend and reenact §3-4A-2,
§3-4A-3, §3-4A-4, §3-4A-6, §3-4A-9, §3-4A-9a, §3-4A-9b, §3-4A-10,
§3-4A-10a, §3-4A-13, §3-4A-17, §3-4A-19, §3-4A-20 and §3-4A-27, all
relating generally to the use of electronic voting systems; setting
forth the requirements of electronic voting systems; providing that
if five percent of the registered voters in a county sign a petition not to use electronic voting for that county, the issue
will be put on the ballot in that county; providing that if an
electronic voting system is terminated, the one replacing it must
comply with the federal Help America Vote Act of 2002; deleting the
requirement that the purchase or lease of vote recording devices
must be paid in cash; and deleting outmoded terms and voting
systems no longer being used.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Palumbo and Plymale
:
Senate Bill No. 496--A Bill to amend and reenact §3-1A-6 of
the Code of West Virginia, 1931, as amended, relating to emergency
powers of the Secretary of State.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Palumbo and Plymale
:
Senate Bill No. 497--A Bill to repeal §3-4-1, §3-4-2, §3-4-3,
§3-4-4, §3-4-5, §3-4-6, §3-4-7, §3-4-8, §3-4-9, §3-4-10, §3-4-11,
§3-4-12, §3-4-12a, §3-4-13, §3-4-14, §3-4-15, §3-4-16, §3-4-17,
§3-4-18, §3-4-19, §3-4-20, §3-4-21, §3-4-22, §3-4-23, §3-4-24,
§3-4-25, §3-4-26, §3-4-27, §3-4-28, §3-4-29, §3-4-30, §3-4-31 and
§3-4-32 of the Code of West Virginia, 1931, as amended, all
relating to outdated and obsolete sections concerning voting
machines no longer approved for use in elections.
Referred to the Committee on the Judiciary.
By Senators Beach, Snyder, Edgell and Klempa:
Senate Bill No. 498--A Bill to amend and reenact §60-3A-18 of
the Code of West Virginia, 1931, as amended, relating to permitting
the sale of liquor on election day.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Laird, Tucker, Snyder, D. Facemire and Beach:
Senate Bill No. 499--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §20-3C-1, §20-3C-2, §20-3C-3, §20-3C-4 and §20-3C-5, all
relating to zipline regulation; establishing legislative purpose;
defining terms; setting forth duties of zipline operators;
requiring liability insurance; setting forth record-keeping
requirements; establishing responsibilities of participants;
providing for assumption of risks; setting forth prohibited acts;
and defining liability of zipline operators.
Referred to the Committee on Economic Development; and then to
the Committee on the Judiciary.
By Senators McCabe, Palumbo, K. Facemyer, Stollings, Williams,
Unger, Jenkins, Helmick, Tucker, Hall, Browning, Plymale, Nohe and
D. Facemire:
Senate Bill No. 500--A Bill to amend and reenact §23-4-2 of
the Code of West Virginia, 1931, as amended, relating to workers' compensation; disability and death benefits; injuries self-
inflicted or intentionally caused by employer; clarifying those
dependents who have a cause of action under this section; and
modifying the deliberate intention exception to an employer's
immunity from liability regarding its employees' compensable, work-
related injuries by requiring a court to dismiss, on a proper
motion, a deliberate intention cause of action if the plaintiff has
not received a determination of compensability of an injury or
death.
Referred to the Committee on Labor; and then to the Committee
on the Judiciary.
By Senators Hall, Barnes, Boley, Sypolt, Nohe and K. Facemyer:
Senate Bill No. 501--A Bill to amend and reenact §56-1-1a of
the Code of West Virginia, 1931, as amended, relating to the
application of the doctrine of forum non conveniens when civil
actions have both a resident and nonresident plaintiff; and
defining "legal resident" for purposes of this section.
Referred to the Committee on the Judiciary.
Senators Stollings, Klempa and Yost offered the following
resolution:
Senate Concurrent Resolution No. 27--Requesting the Division
of Highways to name bridge number 3-119/10-0.04 on County Route
119/10 at mile marker 0.04 at Greenview, Boone County, West
Virginia, the "PVT Clyde Whitman (Bobbie) Bennett and PFC Oliver Ball, Jr. Memorial Bridge".
Whereas, PVT Clyde Whitman (Bobbie) Bennett was born to Ottie
Bennett and Chloe Bennett and was raised in Greenview, West
Virginia; and
Whereas, PVT Clyde Whitman (Bobbie) Bennett entered the United
States Army in 1951, served as an advance scout and was killed in
action in the Korean War on October 3, 1951; and
Whereas, PVT Clyde Whitman (Bobbie) Bennett was awarded the
Purple Heart, the Good Conduct Medal and the Rifleman's Medal; and
Whereas, PVT Clyde Whitman (Bobbie) Bennett died leaving a
widow, Mary Lou Browning and a son, Bobbie Ray Bennett; and
Whereas, PFC Oliver Ball, Jr., also from Greenview, West
Virginia, was born on July 1, 1931, to Oliver Ball, Sr. and Myrtle
Ball; and
Whereas, PFC Oliver Ball, Jr. entered the United States Army
and died while serving in Korea during the Korean War; and
Whereas, PFC Oliver Ball, Jr. was awarded the Purple Heart,
the Good Conduct Medal and the Rifleman's Medal; and
Whereas, PVT Clyde Whitman (Bobbie) Bennett and PFC Oliver
Ball, Jr. served their country with honor and distinction and gave
the ultimate sacrifice; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 3-119/10-0.04 on County Route 119/10 at mile marker 0.04 at Greenview, Boone County, West Virginia, the "PVT Clyde
Whitman (Bobbie) Bennett and PFC Oliver Ball, Jr. 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 "PVT Clyde Whitman (Bobbie) Bennett and PFC Oliver Ball, Jr.
Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate forward a copy
of this resolution to the Secretary of the Department of
Transportation and the families of PVT Clyde Whitman (Bobbie)
Bennett and PFC Oliver Ball, Jr.
Which, under the rules, lies over one day.
Senators Chafin, Fanning, Stollings, Miller, Klempa and Yost
offered the following resolution:
Senate Concurrent Resolution No. 28--Requesting the Division
of Highways name the intersection of Stoney Ridge, connecting with
the K.A. Ammar, Jr. Bridge at the Bluefield, West Virginia,
intersection and King Coal Highway (I-73/74 Corridor) in Mercer
County, the "Christine West Interchange".
Whereas, Christine West has dedicated her time, energy,
leadership and funds toward building and upgrading the King Coal
Highway (I-73/74) Corridor; and
Whereas, Christine West was appointed to serve as a voting
members on the King Coal Highway Authority on July 23, 1999; and
Whereas, Christine West is also a member of the National
Interchange of the I-73/74, consisting of the states of West
Virginia, Virginia North Carolina, South Carolina, Michigan and
Ohio; and
Whereas, Christine West has given her time and money traveling
the proposed corridor to garner support from social and government
organizations, as well as from local officials and state and
federal legislators; and
Whereas, It is fitting, that a lasting tribute be made to such
an outstanding public servant such as Christine West, whose
dedication and commitment to the people of West Virginia has
spanned so many years; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the intersection of Stoney Ridge, connecting with the K.A.
Ammar, Jr. Bridge at the Bluefield, West Virginia, intersection and
King Coal Highway (I-73/74 Corridor) in Mercer County, the
"Christine West Interchange"; 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 "Christine West Interchange"; 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 Christine West.
Which, under the rules, lies over one day.
Senators Chafin, Browning, Fanning, Stollings, Miller, Klempa
and Yost offered the following resolution:
Senate Concurrent Resolution No. 29--Requesting the Division
of Highways name the new King Coal Highway Interchange, also known
as the I-73/74 Corridor, at the intersection of U.S. Route 52 and
U.S. Route 460 in Mercer County, West Virginia, "The K.A. Ammar,
Jr. Interchange".
Whereas, K.A. Ammar, Jr. has dedicated over twenty-five years
of energy, time and funds toward the upgrading of the existing U.S.
Route 52; and
Whereas, K.A. Ammar, Jr. has served as President of the
Bluefield to Huntington Highway Association, the Great Lakes to
Florida Highway Association, the I-73/74 Corridor Association and
the King Coal Highway Authority; and
Whereas, K.A. Ammar, Jr. spearheaded the creation of the I-
73/74 Corridor Association in the six states included in the ISTEA
and TEA21 federal legislation; and
Whereas, K.A. Ammar, Jr. has traveled the corridor gathering
support from numerous social and governmental organizations; and
Whereas, K.A. Ammar, Jr. has diligently served his community
to gain the generous support received from Congressman Nick J.
Rahall, Jr., Governors Caperton, Underwood and Wise; and
Whereas, K.A. Ammar, Jr. should be recognized and honored during his lifetime by naming the new interchange at the
intersection of U.S. Route 52 and U.S. Route 460 in Mercer County
as "The K.A. Ammar, Jr. Interchange" for this distinguished and
dedicated citizen of West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the King Coal Highway Interchange, also known as I-73/74
Corridor, at the intersection of U.S. Route 52 and U.S. Route 460
in Mercer County, West Virginia, "The K.A. Ammar, Jr. Interchange";
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 "The K.A. Ammar, Jr. Interchange"; 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 K.A. Ammar, Jr.
Which, under the rules, lies over one day.
Senators Stollings, Unger, Klempa, Yost and Minard offered the
following resolution:
Senate Concurrent Resolution No. 30--Requesting the Division
of Highways to name bridge number 03-119-16.22, both north and
southbound, the "PFC Willie Ray Stollings Memorial Bridge".
Whereas, Willie Ray Stollings was born February 21, 1920, and
raised in Boone County, West Virginia; and
Whereas, Willie Ray Stollings worked very hard at various jobs
during the depression; and
Whereas, PFC Willie Ray Stollings was inducted into the United
States Army on July 11, 1941, and trained at Camp Gordon in
Florida, Fort Benning and Camp Wheeler in Georgia and Fort Dix in
New Jersey; and
Whereas, PFC Willie Ray Stollings embarked in January 1944,
where he served in European Theatre; and
Whereas, PFC Willie Ray Stollings engaged in the D-Day
invasion of France with the 12th Army Infantry, 4th Infantry
Division; and
Whereas, On June 11, 1944, PFC Willie Ray Stollings was
wounded in battle and received the Purple Heart Medal; and
Whereas, Sadly, on June 22, 1944, PFC Willie Ray Stollings
succumbed to his battle wounds; and
Whereas, It is fitting and proper, to honor PFC Willie Ray
Stollings for making the ultimate sacrifice for his country and
state, by naming the bridge in his memory; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name
bridge number 03-119-16.22, both north and southbound, the
"PFC Willie Ray Stollings 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
"PFC Willie Ray Stollings 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
PFC Willie Ray
Stollings.
Which, under the rules, lies over one day.
The Senate proceeded to the ninth order of business.
Senate Bill No. 222, Relating to Municipal Police Officers and
Firefighters Retirement System.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 239, Extending period higher education
institutes have to deposit moneys into research endowments.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 280, Changing certain deadlines
associated with employment of service and school personnel.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 337, Making failure to wear safety belts
primary offense.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on Transportation and Infrastructure, was reported by the Clerk and
adopted:
On page three, section forty-nine, lines thirty-three and
thirty-four, by striking out the words "No court costs or other
fees may" and inserting in lieu thereof the words "Court costs or
other fees may not".
The bill (S. B. No. 337), as amended, was then ordered to
engrossment and third reading.
Eng. House Bill No. 2557, Extending the time for the Board of
Education of Upshur County to meet as a levying body.
On second reading, coming up in regular order, was read a
second time and ordered to 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:
Com. Sub. for Senate Bill No. 303, Adding captive cervids to
list of animals protected from dogs.
Senate Bill No. 376, Permitting unit owners' associations
institute legal action to collect dues.
Senate Bill No. 413, Changing title of Racing Commission's
racing secretary.
Com. Sub. for Senate Bill No. 464, Allowing certain persons
petition to regain right to possess firearms when lost due to
mental health disability.
And,
Eng. Com. Sub. for House Bill No. 2696, Authorizing the county
commission of Boone County to transfer its title and interests in
the Boone Memorial Hospital.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators Miller, Stollings and Hall.
Thereafter, at the request of Senator Stollings, and by
unanimous consent, the remarks by Senator Miller were ordered
printed in the Appendix to the Journal.
At the request of Senator Foster, unanimous consent being
granted, the remarks by Senators Stollings and Hall were ordered
printed in the Appendix to the Journal.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Hall, the name of Senator Hall was
removed as a sponsor of Senate Bill No. 79 (Requiring safety
features on all new residential hot water heaters).
Pending announcement of meetings of standing committees of the
Senate, including a majority party caucus,
On motion of Senator Unger, the Senate adjourned until Monday,
February 14, 2011, at 11 a.m.
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