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SENATE (2011)(RS):| Bills Introduced | Bill History | Topical Index | Committee Schedule | Calendar | Journal | Menu |

Senate Journal



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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.
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