sdj-34th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2011
THIRTY-FOURTH DAY
____________
Charleston, W. Va., Monday, February 14, 2011
The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)
Prayer was offered by the Reverend Michael Taylor, Chaplain,
Northern Correctional Center, Moundsville, West Virginia.
The Happy Valley Boys, consisting of Bill Pauley, Ray Kinder,
Duke Stewart and Parky Parkins, proceeded in the singing of "How
About Your Heart?" and "Hallelujah, He is Risen".
Pending the reading of the Journal of Friday, February 11,
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 concurrence by that body in the Senate amendments to the House
of Delegates amendment to, and the adoption as amended, of
Senate Concurrent Resolution No. 17, Adopting joint rules of
the Senate and House of Delegates.
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. 12--
Requesting the Athens-
Pipestem Road in Mercer County, West Virginia, beginning at the
intersection of Route 20 and Vermillion Street in the Town of
Athens then proceeding north on Route 20 through the Town of
Athens, continuing north on Route 20 and ending at the Summers
County line, be named the "Senator Homer K. Ball Memorial Road".
Referred to the Committee on Transportation and
Infrastructure.
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. 18--
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".
Referred to the Committee on Transportation and
Infrastructure.
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. 19--
Requesting the Division of
Highways to name that portion of Route 85 in Van South to Van Park
as the "Capt. Jackie Lee Dickens, USAF, and PFC. Kent Howell, USMC, Memorial Highway".
Referred to the Committee on Transportation and
Infrastructure.
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. 20--
Requesting the Division of
Highways to name the bridge in Foster on West Virginia Route 3,
bridge number 03-03-11.12, as "The Daniel M. Gunnoe Memorial
Bridge".
Referred to the Committee on Transportation and
Infrastructure.
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. 23--
Requesting the Division of
Highways to name bridge number 25-9-6.67, currently known as the
"Whetstone Bridge" on Whetstone Road near Mannington, Marion
County, West Virginia the "Howard 'Junkie' Masters Bridge".
Referred to the Committee on Transportation and
Infrastructure.
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. 28--
Requesting the Division of
Highways to name a segment of US Route 26 in Boone County from Van, West Virginia, to Twilight, West Virginia, as the "William Chapman
'Chap' Cook and Civil War Veterans Memorial Highway".
Referred to the Committee on Transportation and
Infrastructure.
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. 30--
Requesting that bridge
number 03-85/1-0.04 on Route 85 between Madison and Van in Boone
County, West Virginia be named the "Brian Lester Browder Memorial
Bridge".
Referred to the Committee on Transportation and
Infrastructure.
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. 32--
Requesting the Division of
Highways to name the new bridge in Alderson, West Virginia on Route
3, bridge number 13-3-0.41, as the "Ensign Melvin G. Livesay
Memorial Bridge".
Referred to the Committee on Transportation and
Infrastructure.
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. 47--
Requesting the Bradshaw Bridge in Bradshaw, McDowell County, West Virginia on State Route
80, specifically bridge number 24 at mile post 0.02, be named the
"James Ray Bailey Memorial Bridge".
Referred to the Committee on Transportation and
Infrastructure.
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. 49--
Requesting that bridge
number 23-10/4-0.01 over the Guyandotte River on new Route 10 at
Rita in Logan County, West Virginia be named the "Veterans Memorial
Bridge".
Referred to the Committee on Transportation and
Infrastructure.
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. 51--
Requesting the Division of
Highways to name the bridge located on Route 83 outside of
Bradshaw, West Virginia, specifically bridge number 24-83-7.07, the
"Charlie Howard Mitchell Memorial Bridge".
Referred to the Committee on Transportation and
Infrastructure.
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. 52--Requesting that bridge
number 01-10-9.94 on County Route 10 near Moatsville in Barbour
County, West Virginia be named the "James A. Wright Memorial
Bridge".
Referred to the Committee on Transportation and
Infrastructure.
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. 53--Requesting the Division of
Highways to name the bridge located in Renick, Greenbrier County,
West Virginia, that spans the Greenbrier River on Auto Road, Bridge
Number 13-11-0.54, the "Keene Memorial Bridge".
Referred to the Committee on Transportation and
Infrastructure.
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. 55--
Requesting that bridge
number 3-119/10-0.04 on County Route 119/10 at mile marker 0.04 at
Greenview, Boone County, West Virginia be named the "PVT. Clyde
Whitman (Bobbie) Bennett and PFC Oliver Ball, Jr. Memorial Bridge".
Referred to the Committee on Transportation and
Infrastructure.
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. 57--Requesting the Division of
Highways to name the Moses Bridge, number 52-64-1.06, over Long
Drain in Hundred, Wetzel County, West Virginia, the "Lance Corporal
John Darrell Smith Memorial Bridge".
Referred to the Committee on Transportation and
Infrastructure.
The Senate proceeded to the fourth order of business.
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. 282, Continuing Highway Design-Build Pilot
Program.
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,
Robert D. Beach,
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 Bill No. 304, Providing alternative means for initial
purchaser of junked vehicles to notify DMV.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Robert D. Beach,
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 328, Relating to issuance, disqualification,
suspension and revocation of driver's licenses.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original triple committee reference
first be referred to the Committee on the Judiciary; and then to
the Committee on Finance.
Respectfully submitted,
Robert D. Beach,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on the Judiciary; and then to the
Committee on Finance, with an amendment from the Committee on
Transportation and Infrastructure pending.
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. 21, Requesting DOH name
bridge on I-79, spanning WV 14, "Hodges Brothers Bridge".
And has amended same.
And reports the same back with the recommendation that it be
adopted, as amended.
Respectfully submitted,
Robert D. Beach,
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 Concurrent Resolution No. 22, Requesting DOH name
bridge located in Renick, Greenbrier County, "Keene Memorial
Bridge".
And,
Senate Concurrent Resolution No. 24, Requesting DOH name
bridge in Monongalia County, "Joseph C. Bartolo Memorial Bridge".
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
Robert D. Beach,
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 Boley and Nohe:
Senate Bill No. 502--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §48-24A-101, §48-24A-102, §48-24A-103, §48-24A-104, §48-
24A-105, §48-24A-106, §48-24A-107, §48-24A-108, §48-24A-109, §48-
24A-110, §48-24A-111, §48-24A-112, §48-24A-113 and §48-24A-114, all
relating creating the Paternity Justice Act of 2011; providing
short title; legislative findings and declarations; providing
definitions; allowing motion to vacate judgment of paternity; when
motion is to be granted; appointing guardian ad litem for child;
providing for genetic testing procedures to aid in determination of
paternity; who to pay costs of genetic testing; when order vacating
judgment of paternity not to be entered; what to be considered in
vacating judgment of paternity; modification of child support; when
Bureau for Child Support Enforcement may participate; when prior
orders are to be terminated; and providing that article does not
affect adoptions.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Boley and Nohe:
Senate Bill No. 503--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,
designated §48-8-104a, relating to providing that adultery is a bar
to alimony in a divorce proceeding; and providing for adjustment of
alimony if a party learns of adultery after entry of divorce
decree.
Referred to the Committee on the Judiciary.
By Senators Laird, Edgell, Stollings and D. Facemire:
Senate Bill No. 504--A Bill to amend and reenact §17C-5A-2 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §17C-5C-4a, all
relating to administrative hearings for suspension and revocation
of licenses for driving while under the influence of alcohol,
controlled substances or drugs; providing that the Office of
Administrative Hearings send notices of hearings to the Division of
Motor Vehicles and the Attorney General if the Attorney General has
filed a notice of appearance and deleting the requirement that
notice be sent to the county prosecuting attorney; providing the
Office of Administrative Hearings subpoena authority; providing
that the failure to obey a subpoena constitutes a misdemeanor
punishable by a fine up to $500; deleting the provision that a
hearing notice sent by certified or registered mail to a law-
enforcement officer constitutes a subpoena to appear; providing
authority to impose certain fees; creating a special revenue
account to support the activities of the Office of Administrative
Hearings; and authorizing rulemaking.
Referred to the Committee on Transportation and Infrastructure; then to the Committee on the Judiciary; and then to
the Committee on Finance.
By Senators Palumbo and Plymale:
Senate Bill No. 505--A Bill to repeal §3-2-24 of the Code of
West Virginia, 1931, as amended; to amend and reenact §3-2-5,
§3-2-6, §3-2-7, §3-2-10, §3-2-18 and §3-2-30 of said code; and to
amend said code by adding thereto a new section, designated
§3-2-6a, all relating generally to voter registration; permitting
electronically transmitted signatures; permitting an electronic
voter registration system; permitting certain persons to register
up to and including the day of an election; extending the time for
certain persons to register in person; requiring the Secretary of
State to adopt certain procedures; establishing criminal penalties
for any person who exerts improper influence over or intimidates
another person regarding his or her right to register; and
establishing criminal penalties for any person who copies certain
information in the signed voter registration application of another
person.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Snyder, Unger and Kessler (Acting President):
Senate Bill No. 506--A Bill to amend and reenact §8-1-5a of
the Code of West Virginia, 1931, as amended, relating to increasing
the number of municipalities that may participate in the Municipal
Home Rule Pilot Program; providing that if the two legislative
members of the Municipal Home Rule Board permit designees to sit in their place, those persons sit ex officio; and extending certain
deadline dates.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Kessler (Acting President), Unger, Browning,
Foster, Plymale, Stollings, Klempa and Williams:
Senate Bill No. 507--A Bill to amend and reenact §31-15C-3 and
§31-15C-14 of the Code of West Virginia, 1931, as amended, all
relating to the continuation of the Broadband Deployment Council.
Referred to the Committee on Government Organization.
By Senators Beach, Edgell, Kessler (Acting President) and
Klempa:
Senate Bill No. 508--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §60-3A-3a; and to amend and reenact §60-3A-4 of said
code, all relating to allowing Class A retail licensees or
freestanding liquor retail outlets the ability to conduct
responsible liquor sampling events on days of the week other than
Sunday; and providing that violators of these sections are subject
to the criminal and civil penalties provisions of said article.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Beach, Foster, Laird, McCabe, Miller, Minard,
Snyder, Stollings, Tucker and Kessler (Acting President):
Senate Bill No. 509--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-7f; to amend said code by adding thereto a new
section, designated §33-15-22; to amend said code by adding thereto
a new section, designated §33-16-18; and to amend said code by
adding thereto a new section, designated §33-16D-17, all relating
to insurance coverage; and requiring coverage of spouses and
dependents for pregnancy and contraceptive services.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senator Unger:
Senate Bill No. 510--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 requiring new facility projects of public agencies and projects
receiving state funds to be designed and constructed complying with
the International Code Council 2009, International Energy
Conservation Code and the ANSI/ASHRAE/IESNA Standard 90.1-2007.
Referred to the Committee on Finance.
Senators Hall, Boley, Sypolt, Nohe, K. Facemyer, Stollings and
Browning offered the following resolution:
Senate Concurrent Resolution No. 31--Urging the Environmental
Protection Agency to change course and operate in good faith.
Whereas, Policies and current regulations of the federal
Environmental Protection Agency are effectively a "War on Coal" and
manufacturing jobs which will result in fewer jobs in West Virginia
and higher energy prices for not only this state but the entire
nation; and
Whereas, The Obama Administration and the United States
Congress unsuccessfully attempted to pass "Climate Change"
legislation in the 111th Congress; and
Whereas, The Environmental Protection Agency is attempting to
regulate what the President and the Congress could not legislate by
incorporating the core principles of the failed "Climate Change"
legislation into agency rules; and
Whereas, Although a permanent solution to end these job-
killing policies of the Environmental Protection Agency would be
preferred to stop-gap measures, it is important and crucial to
protect West Virginia jobs with the passage of the Capito-McKinley
sponsored bill in Congress, which legislation is designed and
intended to place a moratorium on the "cap and trade" and
greenhouse gas policies and regulations of the current
administration in Washington, D. C. through the Environmental
Protection Agency and protect America's energy production and
prices, together with protecting energy production jobs,
manufacturing jobs and coal mining jobs; and
Whereas, The Environmental Protection Agency for the first
time in more than thirty years "vetoed" a coal mine permit for West
Virginia, that had been thoroughly reviewed by the Environmental
Protection Agency and other regulators, awarded by the United
States Army Corps of Engineers, and put into action by the mining
company. The Environmental Protection Agency effectively rewrote
the rules to change a previous decision it did not agree with and
unilaterally broke the government's promise that jobs could be created and this mine could proceed, retroactively rescinding
permit to operate a coal mine; and
Whereas, Senator Manchin has introduced a bill in the United
States Senate entitled the "EPA Fair Play Act" designed to clarify
that the EPA does not have authority under the Clean Water Act to
reverse prior approvals of the United States Army Corps of
Engineers where a permit has been put through a rigorous regulatory
process, including time for thorough review by the Environmental
Protection Agency for possible negative environmental consequences,
and awarded by the United States Army Corps of Engineers prior to
any official objections from the Environmental Protection Agency;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Environmental Protection Agency is urged to change
course and operate in good faith; and, be it
Further Resolved, That the Environmental Protection Agency is
urged to change course and operate in good faith and be aware that
this Legislature supports the "Protect America's Energy and
Manufacturing Jobs Act" cosponsored by Representative Shelly Moore
Capito and Representative David B. McKinley and the "EPA Fair Play
Act" sponsored by Senator Joe Manchin of West Virginia; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the President of
the United States, the Secretary of the Environmental Protection
Agency, the Speaker of the U. S. House of Representatives, the
Minority Leader of the U. S. House of Representatives, the members of the West Virginia delegation, the U. S. House of
Representatives, the U. S. Senate Majority Leader, the U. S. Senate
Minority Leader and the members of the West Virginia delegation of
the U. S. Senate.
Which, under the rules, lies over one day.
Senators Laird, Jenkins, Browning, Foster, Kessler (Acting
President), Plymale, McCabe, Stollings, Klempa, Williams and Yost
offered the following resolution:
Senate Resolution No. 25--Designating February 14, 2011, as
"Corrections Day".
Whereas, It is the mission of the West Virginia Division of
Corrections to provide a safe, secure and humane correctional
system for the public, staff and offenders; and
Whereas, The adult correctional population continues to expand
and it is important for agency representatives and policy-makers to
appreciate the nature and magnitude of the growth; and
Whereas, West Virginia was ranked 34th in the nation in 2007,
with an incarceration rate of 333 per 100,000 residents, and
between 2000 and 2006, West Virginia had the fastest growing prison
population in the nation; and
Whereas, Commitments to the Division of Corrections grew by
21.9% in 2007, resulting in 3,449 new inmates, and parole violators
comprised 14% of all new commitments in 2007; and
Whereas, In 2007, only 4.9% of all parole violators were
returning due to the commission of a new crime, and in 2006, 75.9%
of new admissions were for nonviolent offenses; and
Whereas, As of December 2007, West Virginia's correctional
population was almost two and one-half times its size in 1995. In
2007, property offenders comprised the largest group of inmates
confined in the total prison population at 19.2% and between 2000
and 2004, 37.1% of inmates were released on parole compared to
51.5% between 2005 and 2007, so over half (54.8%) of all inmates
released in 2007 were granted parole. Therefore, the parole grant
rates increased by 9.0% between 2006 and 2007; and
Whereas, West Virginia's correctional population is forecasted
to increase at an average annual growth rate of 5.6% over the next
decade and according to the forecast, the Division of Corrections
can expect to receive approximately 430 additional inmates per
year. Therefore, the correctional population is expected to reach
8,530 inmates in 2012 and 10,304 in 2017; and
Whereas, The information provided in this resolution will
assist public officials and agency representatives in planning for
the future and developing policies for the management of the West
Virginia correctional population as well as providing adequate pay,
benefits, and a safe secure workplace for the employees in the
correctional system; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 14, 2011, as
"Corrections Day"; and, be it
Further Resolved, That the Senate hereby recognizes the
exceptional service and commitment of the employees of the Division
of Corrections; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate officials of the
Division of Corrections.
At the request of Senator Laird, 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 one
minute.
Upon expiration of the recess, the Senate reconvened and
proceeded to the seventh order of business.
Senate Concurrent Resolution No. 27, Requesting DOH name
bridge in Greenview, Boone County, "PVT Clyde Whitman Bennett and
PFC Oliver Ball, Jr. 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. 28, Requesting DOH name
intersection of Stoney Ridge and King Coal Highway in Mercer County
"Christine West Interchange".
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. 29, Requesting DOH name King
Coal Highway Interchange, at intersection of U. S. Route 52 and U.
S. Route 460 in Mercer County "The K. A. Ammar, Jr. Interchange".
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. 30, Requesting DOH name
bridge number 03-119-16.22 "PFC Willie Ray Stollings Memorial
Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 222, Relating to Municipal Police
Officers and Firefighters Retirement System.
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, K. Facemyer, 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: Fanning 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. 222) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 239, Extending period higher education
institutes have to deposit moneys into research endowments.
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, K. Facemyer, 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: Fanning 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. 239) 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, K. Facemyer, 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: Fanning and Tomblin (Mr. President)--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S. B. No. 239) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 280, Changing certain
deadlines associated with employment of service and school
personnel.
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, K. Facemyer, 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: Fanning 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. 280) passed with its title.
Senator Unger moved that the bill take effect July 1, 2011.
On this question, the yeas were: Barnes, Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, 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: Fanning 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. 280) takes effect July 1, 2011.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 337, Making failure to wear safety belts
primary offense.
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,
Browning, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall,
Helmick, Jenkins, Klempa, Laird, McCabe, Minard, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills,
Yost and Kessler (Acting President)--27.
The nays were: Boley, Chafin, Miller, Nohe and Sypolt--5.
Absent: Fanning 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. 337) passed with its title.
Senator Unger moved that the bill take effect September 1,
2011.
On this question, the yeas were: Barnes, Beach, Browning,
Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Helmick,
Jenkins, Klempa, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--27.
The nays were: Boley, Chafin, Miller, Nohe and Sypolt--5.
Absent: Fanning 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. S. B. No. 337) takes effect September 1, 2011.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 2557, Extending the time for the Board of
Education of Upshur County to meet as a levying body.
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, K. Facemyer, 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: Fanning 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. H. B. No. 2557) 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, K. Facemyer, 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: Fanning 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. H. B. No. 2557) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 303, Adding captive cervids to
list of animals protected from dogs.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 376, Permitting unit owners' associations
institute legal action to collect dues.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 413, Changing title of Racing Commission's
racing secretary.
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. 464, Allowing certain persons petition to regain right to possess firearms when lost due to
mental health disability.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
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.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Government Organization, was reported by the Clerk and adopted:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
§1. Boone County Commission authorized to transfer its title and
interests in the Boone Memorial Hospital.
(a) The Boone County Commission holds title to the assets of
the Boone County public hospital doing business as the Boone
Memorial Hospital, also known as the Boone County Memorial
Hospital, pursuant to section fourteen, article three, chapter
seven of the code of West Virginia.
(b) The Boone Memorial Hospital, Incorporated, is a private,
nonprofit corporation formed by the board of trustees of Boone
Memorial Hospital.
(c) The Boone County Commission may transfer its title to
Boone County Memorial Hospital to the private, nonprofit
corporation, the Boone Memorial Hospital, Incorporated, so that the hospital may continue to provide medical care and emergency medical
services to the hospital's service area in a cost-effective and
efficient manner and to more fully serve the health care needs of
the county.
(d) Notwithstanding the provisions of section three, article
three, chapter seven of said code, the disposition of the assets of
Boone Memorial Hospital by public auction would be impractical,
potentially adverse to the interests of the hospital's service area
and the objectives of the county might not be accomplished by the
sale at public auction.
(e) The Boone County Commission is hereby authorized to
transfer to the private, nonprofit corporation, the Boone Memorial
Hospital, Incorporated, all of its right, title and interest to all
of the assets of Boone Memorial Hospital, both tangible and
intangible, real, personal and mixed, wheresoever located, that are
necessary to operate the hospital, for a fair and adequate
consideration, either monetary or non-monetary, that may include
public benefits that may accrue, without considering, by itself
alone, the fair market value of the property, those certain parcels
or tracts of land and buildings, situate in the city of Madison,
Boone County, West Virginia, conveyed unto the County Commission of
Boone County, also known as the County Court of Boone County, by
deed dated January 26, 1963, from Tracy S. McNeely and Wilma
McNeely, recorded in Deed Book 104 at page 471 (designated Tax Map
15 Parcel 57); by deed dated May 4, 1965, from Tracy S. McNeely and
Wilma McNeely, recorded in Deed Book 110 at page 265 (designated Tax Map 15 Parcel 78); by deed dated September 10, 1966, from
Arthur R. Robertson and Myrtle Robertson, recorded in Deed Book 114
at page 129 (designated Tax Map 15 Parcel 60); by deed dated
January 24, 2000, from Wilma McNeely widow, Barbara Ann McNeely
Gregory and Arlen Wayne Gregory, Linda Kay McNeely Holstein and
Jack G. Holstein, and Jerry Ken Mullins, recorded in Deed Book 227
at page 73 (designated Tax Map 15 Parcel 62); and by deed dated May
16, 2005, from the Boone Medical Clinic, Incorporated, recorded in
Deed Book 247 at page 410 (designated Tax Map 15 parcel 35).
(f) The deed of conveyance from the Boone County Commission to
the private, nonprofit corporation, the Boone Memorial Hospital,
Incorporated, shall contain a provision that the ownership shall
revert to the Boone County Commission should the property cease to
be used as a hospital for a period of twelve months: Provided,
That this reversionary interest may be modified at any time to the
extent necessary to allow for future financing of a new hospital in
Boone County.
The bill (Eng. Com. Sub. for H. B. No. 2696), as amended, was
then 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. 61, Relating generally to
juvenile drug courts.
Com. Sub. for Senate Bill No. 219, Relating to maintaining
solvency of Unemployment Compensation Fund.
Senate Bill No. 329, Updating provisions of sales and use tax.
Senate Bill No. 331, Correcting invalid code reference in
definition of "eligible taxpayer".
Senate Bill No. 371, Updating list of jurisdictions identified
as tax havens.
Senate Bill No. 375, Authorizing Higher Education Policy
Commission collect and disseminate information concerning higher
education institutions.
Com. Sub. for Senate Bill No. 439, Clarifying that filing of
manufactured housing complaint with state regulatory board is
prerequisite for lawsuit.
And,
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.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Chafin and Boley.
The Senate then proceeded to the thirteenth order of business.
Senator Kessler (Acting President) announced the appointment
of Senators Miller (Chair), Beach, Palumbo, Wells and Barnes to the
Joint Committee on Enrolled Bills.
On motion of Senator Unger, leaves of absence for the day were
granted Senators Tomblin (Mr. President) and Fanning.
Pending announcement of meetings of standing committees of the
Senate, including a majority party caucus,
On motion of Senator Unger, the Senate adjourned until tomorrow, Tuesday, February 15, 2011, at 11 a.m.
____________
Webmaster | © 2024 West Virginia Legislature **
