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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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