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sdj-35th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2011

THIRTY-FIFTH DAY

____________

Charleston, W. Va., Tuesday, February 15, 2011

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

Prayer was offered by Bishop William Boyd Grove, Retired Bishop of the West Virginia Conference of the United Methodist Church, Charleston, West Virginia.
West Virginia University saxophone quartet then proceeded in the playing of "Bourrée from Suite No. 1" and "That's A Plenty".
Pending the reading of the Journal of Monday, February 14, 2011,
On motion of Senator D. Facemire, 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 passage, to take effect from passage, of
Eng. Senate Bill No. 255, Making supplementary appropriation of unappropriated moneys to various accounts.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2161--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-26-1 and §5-26-2, all relating to the creation of the Herbert Henderson Office of Minority Affairs; establishing the powers and duties of the office; providing for an executive director, staff and office; requiring annual reports to the Governor and the Joint Committee on Government and Finance; and creating a Minority Affairs Fund.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2248--A Bill to amend and reenact §15-10-5 of the Code of West Virginia, 1931, as amended, relating to the extension of state law enforcement authority to federal law enforcement officers under certain circumstances; extending state law enforcement authority to police and investigators with the Department of Veterans Affairs under appropriate circumstances; extending state law enforcement authority to special investigators with the Office of Inspector General under appropriate circumstances; and extending state law enforcement authority to federal air marshals under appropriate circumstances.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2347--A Bill to amend and reenact §48-27-505 of the Code of West Virginia, 1931, as amended, relating to increasing the effective period for domestic violence protective orders; increasing the effective period for domestic violence protective orders in cases not involving aggravating factors from 90 days or 6 months to 6 months or 1 year; and increasing the effective period for a domestic violence protective order in cases where aggravating factors are proven from one year to two years.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2695--A Bill to amend and reenact §5F-2-1, of the Code of West Virginia, 1931, as amended; to amend and reenact §10-5-1, §10-5-2, §10-5-3 and §10-5-4 of said code; and to amend said code by adding thereto a new section, designated §10-5- 6, all relating to the educational broadcasting authority; modifying organizational structure; declaring legislative findings; deleting outdated language; authorizing the authority and its employees to work with certain private nonprofit corporations; authorizing the use of the authority's property and facilities for fundraising purposes; authorizing the authority to solicit funds for the support of public broadcasting; requiring memoranda of understanding; and providing exemption from disclosure for names of private donors.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2922--A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended, relating to establishing the felony offense of causing serious bodily injury to another person by a person who is driving under the influence of alcohol, controlled substances or other drugs, or any combination thereof, or driving while having an alcoholic concentration in his or her blood of two hundredths of one percent or more, by weight, at a time when his or her privilege to drive has been lawfully suspended or revoked for driving under the influence of alcohol, controlled substances or other drugs, or any combination thereof, or for refusing to take a secondary chemical test of blood alcohol content, or at a time when he or she is participating in the Motor Vehicle Alcohol Test And Lock Program; and providing criminal penalties.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2989--A Bill to amend and reenact §19-23- 16 of the Code of West Virginia, 1931, as amended, relating to creating a process by which the West Virginia Racing Commission may grant stay requests pending an appeals of orders by stewards or judges; permitting the appointment of hearing examiners who must be licensed to practice law in the state; and providing that if the Racing Commission modifies or rejects a hearing examiner's recommended decision, its order doing so must provide findings of fact, conclusions of law and set forth with specificity the reasons for the modification or rejection.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2990--A Bill to amend and reenact §19-23-8 of the Code of West Virginia, 1931, as amended, relating to changing the renewal of Racing Commission-issued occupational permits from December 31 of each year to a schedule determined according to the applicant's date of birth.
Referred to the Committee on the Judiciary.
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. 29--Requesting the Division of Highways to name the bridge near Martinsburg in Berkeley County on Route 45, where it crosses Opequon Creek, bridge number 2-09-17.48, as the "Simpson Brothers Veterans Bridge".
Referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the fourth order of business.
Senator Williams, from the Committee on Agriculture, submitted the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Bill No. 48, Creating Jackson's Mill 4-H Camp Tax Checkoff Program.
And,
Senate Bill No. 351, Regulating captive cervid farming as agricultural enterprise.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Bob Williams,
Chair.
At the request of Senator Williams, unanimous consent being granted, the bills (S. B. Nos. 48 and 351) contained in the preceding report from the Committee on Agriculture were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were then referred to the Committee on Finance.
Senator Browning, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Senate Bill No. 201, Creating Energy Efficient Building Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 201 (originating in the Committee on Economic Development)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13BB-1, §11-13BB-2, §11-13BB-3, §11-13BB-4, §11- 13BB-5, §11-13BB-6, §11-13BB-7, §11-13BB-8, §11-13BB-9, §11-13BB- 10, §11-13BB-11, §11-13BB-12, §11-13BB-13 and §11-13BB-14, all relating to authorizing a tax credit against business franchise tax, corporate net income tax or personal income tax for eligible expenditures incurred in placing in service a residential or nonresidential energy-efficient building; defining terms; establishing the amount of tax credit permitted; requiring an application prior to taking the credit; providing the credit will be taken over a ten-year period; allowing the credit to be carried forward; providing that the tax credit is transferrable; providing for the forfeiture of the credit in certain instances; prohibiting the carryback of the credit; authorizing the recapture of the credit; providing a statute of limitations; authorizing rulemaking; and requiring reports to be made.
And,
Senate Bill No. 243, Relating to Neighborhood Investment Program Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 243 (originating in the Committee on Economic Development)--A Bill to amend and reenact §11-13J-4a, §11-13J-6, §11-13J-8 and §11-13J-12 of the Code of West Virginia, 1931, as amended, all relating to the Neighborhood Investment Program Act; specifying that board members who are affiliated, directly or indirectly, with an applicant may not discuss or vote on the applicant's proposal; increasing total maximum aggregate tax credits certified in any state fiscal year; specifying total maximum aggregate tax credits allowed in any state fiscal year; extending the date for termination of the Neighborhood Investment Program; and providing technical and clerical cleanup.
With the recommendation that the two committee substitutes do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Richard Browning,
Chair.
At the request of Senator Browning, unanimous consent being granted, the bills (Com. Sub. for S. B. Nos. 201 and 243) contained in the preceding report from the Committee on Economic Development were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were then referred to the Committee on Finance.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 227 (originating in the Committee on Economic Development), Relating to Creative Communities Development Pilot Program.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 227 (originating in the Committee on Finance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2H-1, §5B-2H-2, §5B-2H-3, §5B-2H-4, §5B-2H-5, §5B- 2H-6, §5B-2H-7, §5B-2H-8, §5B-2H-9, §5B-2H-10, §5B-2H-11 and §5B- 2H-12, all relating to the Creative Communities Development Pilot Program; providing legislative findings and intent; creating the Creative Communities Development Fund; establishing the Creative Communities Development Board; providing requirements for applications for the use of matching funds from the Creative Communities Development Fund; providing for review of applications by the West Virginia Development Office; establishing that the Creative Communities Development Board shall have the authority to approve matching grants from Creative Communities Development Fund; establishing matching requirements from applicants; establishing eligible expenditures; defining parameters of agreement between West Virginia Development Office and a community for use of grant funds; providing for a review and audit of expenditures by West Virginia Development Office; and providing for review of Creative Communities Development Pilot Program.
With the recommendation that the committee substitute for committee substitute do pass.
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. 234, Revising Municipal Economic Opportunity Development District Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 234 (originating in the Committee on Finance)--A Bill to amend and reenact §8-38-3, §8-38-4, §8-38-5, §8-38-7, §8-38-10, §8-38-12, §8-38-15, §8-38-16, §8-38-17 and §8-38-20 of the Code of West Virginia, 1931, as amended, all relating to revising the Municipal Economic Opportunity Development District Act generally; enlarging the types of municipal corporations that may use sales tax increment financing to finance certain economic development projects to any Class I, Class II and Class III city and any Class IV town or village; including "mining operations" in the definition of "remediation"; including remediation of former coal or other mining sites as a permissible development expenditure for a project; changing the standard by which the maximum amounts of reserves that may be established in the financing of a project are measured; recommending that the Development Office consider whether the economic development that a project enables is large enough to require that it contain mixed-use development consisting of a housing component with at least ten percent of housing units in the district allocated for affordable housing when determining whether there is a pressing need for the project; defining "affordable housing"; reducing the amount of capital investment required for project approval; allowing the Development Office to reduce the minimum amount of local sales tax revenues that would be deposited into the state's General Revenue Fund in certain circumstances; providing that the maximum repayment schedule of all notes, bonds or other instruments issued to fund projects is thirty years; and providing technical and clerical cleanup.
And,
Senate Bill No. 235, Revising County Economic Opportunity Development District Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 235 (originating in the Committee on Finance)--A Bill to amend and reenact §7-22-3, §7-22-4, §7-22-5, §7-22-7, §7-22-10, §7-22-12, §7-22-15, §7-22-17 and §7-22-20 of the Code of West Virginia, 1931, as amended, all relating to revising the County Economic Opportunity Development District Act generally; defining the term "remediation"; including remediation of landfills, former coal or other mining sites, solid waste facilities or hazardous waste sites as permissible development expenditures for approved projects; changing standard by which the maximum amounts of reserves that may be established in the financing of a project are measured; reducing the amount of capital investment required for project approval; providing that the Development Office cannot approve a project involving remediation unless all development expenditures proposed within a certain time frame result in more than $25 million in capital investment in the district; changing "ordinance" to "order"; correcting language by changing "municipality" to "county"; providing that the Development Office may not approve a project involving remediation unless the county commission submits clear and convincing information that the proposed remediation expenditures to be financed with bonds or notes do not constitute more than twenty-five percent of a project's total development expenditures; and providing technical and clerical cleanup.
With the recommendation that the two committee substitutes do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
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. 245, Relating to protection of Chesapeake Bay Watershed.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 245 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §22C-1-27 of the Code of West Virginia, 1931, as amended; to amend and reenact §29-22-18a of said code; to amend said code by adding thereto a new section, designated §29-22-18d; to amend and reenact §31-15A-9 of said code; and to amend said code by adding thereto a new section, designated §31-15A-17b, all relating to protection of the Chesapeake Bay Watershed; increasing the bonding authority of the Water Development Authority for limited purpose; increasing amount of excess lottery revenue deposited to infrastructure fund; providing for distribution to infrastructure fund where excess lottery revenue shortfall occurs; providing exemption for excess lottery revenue deposited to infrastructure fund; creating the West Virginia Infrastructure Lottery Revenue Debt Service Fund and providing for purpose of new fund; authorizing Water Development Authority to issue revenue bonds for certain Chesapeake Bay Watershed projects; establishing deadline for publicly owned wastewater facilities subject to Chesapeake Bay compliance standards to submit ten-year projected capital funding plan to Infrastructure Council for review and approval; providing eligibility for funding; requiring Water Development Authority to report to Joint Committee on Government and Finance regarding total cost of Chesapeake Bay compliance projects; making Chesapeake Bay compliance projects with funding approved before a certain date eligible for grant funding; and limiting eligibility of grant funding.
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,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 245) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, 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. 286, Authorizing Department of Administration promulgate legislative rule relating to state-owned vehicles.
With an amendment from the Committee on Government Organization pending;
And reports the same back with the recommendation that it do pass as amended by the Committee on Government Organization to which the bill was first referred; but under the original triple committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original triple committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Government Organization pending.
Senator Browning, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Senate Bill No. 344, Reducing disincentive for new capital investment.
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,
Richard Browning,
Chair.
At the request of Senator Browning, unanimous consent being granted, the bill (S. B. No. 344) contained in the preceding report from the Committee on Economic Development was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator Laird, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Bill No. 357, Relating to reporting beaver and river otter taken and tagged.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 357 (originating in the Committee on Natural Resources)--A Bill to amend and reenact §20-2- 21 of the Code of West Virginia, 1931, as amended, relating to reporting beaver and otter taken, tagged and checked.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
William R. Laird IV,
Chair.
Senator Laird, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Bill No. 358, Authorizing electronic registration of wildlife.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
William R. Laird IV,
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. 382, Specifying activities entitling certain members of National Guard or reserve to leave of absence.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 382 (originating in the Committee on Military)--A Bill to amend and reenact §15-1F-1 of the Code of West Virginia, 1931, as amended, relating to specifying additional activities for which members of the National Guard or armed forces reserve who are also public officials and employees are entitled to a military leave of absence; and setting the maximum number of hours which may be accumulated for a military leave of absence.
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,
Chair.
At the request of Senator Prezioso, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Military.
Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 436, Continuing personal income tax adjustment to gross income of certain retirees.
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,
Dan Foster,
Chair.
At the request of Senator Foster, unanimous consent being granted, the bill (S. B. No. 436) contained in the preceding report from the Committee on Pensions was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:

By Senator Foster:
Senate Bill No. 511--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62-12-2a, relating to implementing the Honest Opportunity Probation and Enforcement Program; legislative findings; and penalties.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Kessler (Acting President), Unger, Palumbo, Wills, Browning, Snyder, Green, Jenkins, Plymale and Foster:
Senate Bill No. 512--A Bill to amend and reenact §50-1-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §51-1-10a of said code; to amend and reenact §51-2-13 of said code; and to amend and reenact §51-2A-6 of said code, all relating generally to the salaries of supreme court justices, circuit court judges, family court judges and magistrates.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Minard:
Senate Bill No. 513--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-2-21a, relating to workers' compensation programs of state government entities and their employees; defining participants and exceptions thereto; designating the Insurance Commissioner to manage workers' compensation risks of state entities; creating a purchasing exemption for the program; authorizing commissioner to assess fees; creating fund in State Treasury; authorizing investment of funds; permitting loan from Insurance Commissioner's administrative fund to the state entities' workers' compensation program fund and repayment to the administrative fund; and authorizing Insurance Commissioner to propose legislative rules and to adopt emergency rules.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senators Plymale and Miller:
Senate Bill No. 514--A Bill to amend and reenact §18B-17-2 of the Code of West Virginia, 1931, as amended, relating to higher education; legislative rules; and authorizing a rule for the Higher Education Policy Commission regarding authorization of degree- granting institutions.
Referred to the Committee on Education.
By Senator Beach:
Senate Bill No. 515--A Bill to amend and reenact §18B-5-4 of the Code of West Virginia, 1931, as amended, relating to higher education; general administration; and residency requirements for persons appointed as campus police officers.
Referred to the Committee on Education; and then to the Committee on the Judiciary.
By Senators Plymale, Browning, Unger, Jenkins, Kessler (Acting President) and Stollings:
Senate Bill No. 516--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §18-2-38 and §18-2-39, all relating to improving public education results; requiring the state board to promulgate a rule establishing a high-quality digital learning program; specifying ten elements the program must encompass which are elements pertaining to student eligibility, student access, personalized learning, advancement, content, instruction, digital learning providers, assessment, accountability, funding and delivery; recognizing the State Board of Education's Middle School Global 21 initiative including its goals, objectives and process; recognizing that the State Board of Education is seeking state funding for the implementation of the initiative; and requiring State Board of Education to report to the Legislative Oversight Commission on Education Accountability at certain intervals on the implementation of the initiative until fully implemented.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Hall, Barnes, Boley, Sypolt, Nohe and K. Facemyer:
Senate Bill No. 517--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29A-3-19, relating to implementing a quality control procedure for agency rules.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators McCabe, Browning, Unger, Plymale, Palumbo and Foster:
Senate Bill No. 518--A Bill to amend and reenact §11-13U-2, §11-13U-3, §11-13U-4, §11-13U-5, §11-13U-8, §11-13U-9 and §11-13U- 10 of the Code of West Virginia, 1931, as amended, all relating to revising the high-growth business investment tax credit; permitting eligible start up, early stage or growth-oriented taxpayers to take the credit; lowering certain gross receipt and payroll requirements; increasing the amount of credit available; requiring the Economic Development Authority to assist in preparing legislative reports; requiring new rules to be promulgated; redefining terms; and changing effective dates.
Referred to the Committee on Economic Development; and then to the Committee on Finance.
Senators Foster, Laird, Palumbo and Yost offered the following resolution:
Senate Concurrent Resolution No. 32--Requesting the Division of Highways to name bridge number 10-60-10.57 on US Route 60 in Gauley Bridge, West Virginia, the "Sgt. Scott Angel Memorial Bridge".
Whereas, Sgt. Scott Angel was born and raised in Gauley Bridge, West Virginia; and
Whereas, Sgt. Scott Angel was a graduate of Valley High School at Smithers, where he was a quarterback for the football team and captain of the baseball team; and
Whereas, Besides playing football and baseball at school he spent time enjoying the outdoors while hunting and fishing; and
Whereas, Sgt. Scott Angel served three tours of duty in Iraq during Operation Iraqi Freedom; and
Whereas, While Sgt. Scott Angel was not bravely serving overseas he was a helicopter repairman and crew chief assigned to Company, 4th Battalion, 101st Aviation Regiment, 159th Combat Aviation Brigade, 101st Airborne Division at Fort Campbell, Kentucky; and
Whereas, While training in Alabama on September 11, 2007 he was killed in a Blackhawk crash; and
Whereas, Sgt. Angel was survived by his loving wife Megan and his infant daughter, Sophia; and
Whereas, In 2008, on the first anniversary of his death, the conference room at his Battalion Headquarters at Ft. Campbell was named the "SSA Conference room" in honor of Scott and the other two fallen soldiers involved in the Blackhawk accident; and
Whereas, He was also included in a cookbook, "Dinner with Warriors" that was published in honor of fallen and injured soldiers from the Iraq and Afghanistan wars; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 10-60-10.57 on US Route 60 in Gauley Bridge, West Virginia, the "Sgt. Scott Angel Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Sgt. Scott Angel Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a certified copy of this resolution to the Secretary of Transportation, the Commissioner of Highways and the family of the late Sgt. Scott Angel.
Which, under the rules, lies over one day.
Senators Plymale, Unger, Jenkins, Kessler (Acting President), Stollings, Yost and Williams offered the following resolution:
Senate Resolution No. 26--Congratulating the Cabell Midland High School Boys' Cross Country team on winning the 2010 Class AAA state championship.
Whereas, The Cabell Midland High School Boys' Cross Country
team had an extraordinary 2010 season, in which it went undefeated against West Virginia teams, on its way to winning the MSAC Championship, the Region IV Championship and the Class AAA state Championship; and
Whereas, The Cabell Midland High School Boys' Cross Country team is coached by Chris Parsons and consists of members Matthew Edmunds, Andrew Ferguson, Kramer Kaplan, Chris Laverty, Ryan Smith, Austin Allen, Collin Cooper, Steven Egnatoff, Daniel Parlock, Tyler Salmons, Ryan Wareheim, Jacob Burcham, Avery Campbell, Niles Dailey, Mason Dino, Ryan Dotson, David Jobe, Jared King, Brian Lawhon, Jeremy Waugh, Seth Myers, Eric Wooten, Amos Parlock and Zach Sellards; and
Whereas, In addition to the team's success, Jacob Burcham, Tyler Salmons, Jeremy Waugh and Ryan Smith earned All-State Honors; and
Whereas, Jacob Burcham was named the
2010 West Virginia Gatorade Boys Cross Country Runner of the Year, NXN 3rd team All American, where he finished 16th overall in Portland, Oregon, NXN Southeast Region 5th place finish, 2010 West Virginia AAA State Champion (set new course record 15:12.16), led his team to the AAA Boys State Championship team title, was undefeated by West Virginia runners in the 2010 season, PR of 15:05 at the Midwest meet of Champions, ranked in the Dyestat Elite 25 Individuals as high as 18th during the 2010 season, ranked number #3 sophomore in the nation by Dyestat and set course records in 4 of his 8 races during the 2010 season; and
Whereas, The Cabell Midland High School Boys' Cross Country team displayed their strong will and determination for an entire season; and
Whereas, The Cabell Midland High School Boys' Cross Country
team will be remembered as one of the best teams ever assembled in West Virginia high school cross country history; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the Cabell Midland High School Boys' Cross Country
team on winning the 2010 Class AAA state championship; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the coach and each member of the Cabell Midland High School Boys' Cross Country
team.
At the request of Senator Plymale, 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.
(Senator Kessler, Acting President, in the Chair.)

The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 21, Requesting DOH name bridge on I-79, spanning WV 14, "Hodges Brothers Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
On page two, in the ninth Whereas clause, by striking out "14" and inserting in lieu thereof "114";
On page two, in the first Resolved clause, by striking out "14" and inserting in lieu thereof "114";
And,
By striking out the title and substituting therefor a new title, to read as follows:
Senate Concurrent Resolution No. 21-
-Requesting the Division of Highways name the bridge on I-79, spanning WV 114, commonly called the Big Chimney Interchange Bridge, the "Hodges Brothers Bridge".
The question being on the adoption of the resolution, as amended, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Senate Concurrent Resolution No. 22, Requesting DOH name bridge located in Renick, Greenbrier County, "Keene Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
On motion of Senator Klempa, the resolution was recommitted to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 24, Requesting DOH name bridge in Monongalia County "Joseph C. Bartolo Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

Senate Concurrent Resolution No. 31,
Urging EPA change course and operate in good faith.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 303, Adding captive cervids to list of animals protected from dogs.
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: Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--31.
The nays were: None.
Absent:
Barnes, Beach and Tomblin (Mr. President)--3 .
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. 303) 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. 376, Permitting unit owners' associations institute legal action to collect dues.
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: Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--31.
The nays were: None.
Absent:
Barnes, Beach and Tomblin (Mr. President)--3 .
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. 376) 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. 413, Changing title of Racing Commission's racing secretary.
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: Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--31.
The nays were: None.
Absent:
Barnes, Beach and Tomblin (Mr. President)--3 .
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. 413) passed with its title.
Senator Unger moved that the bill take effect July 1, 2011.
On this question, the yeas were: Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--31.
The nays were: None.
Absent:
Barnes, Beach and Tomblin (Mr. President)--3 .
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. 413) 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. 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 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: Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--31.
The nays were: None.
Absent:
Barnes, Beach and Tomblin (Mr. President)--3 .
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. 464) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

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 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: Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--31.
The nays were: None.
Absent:
Barnes, Beach and Tomblin (Mr. President)--3 .
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 H. B. No. 2696) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--31.
The nays were: None.
Absent:
Barnes, Beach and Tomblin (Mr. President)--3 .
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 H. B. No. 2696) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 61, Relating generally to juvenile drug courts.
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. 219, Relating to maintaining solvency of Unemployment Compensation Fund.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Senate Bill No. 329, Updating provisions of sales and use tax.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Senate Bill No. 331, Correcting invalid code reference in definition of "eligible taxpayer".
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Senate Bill No. 371, Updating list of jurisdictions identified as tax havens.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

Senate Bill No. 375, Authorizing Higher Education Policy Commission collect and disseminate information concerning higher education institutions.
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. 439, Clarifying that filing of manufactured housing complaint with state regulatory board is prerequisite for lawsuit.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

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.
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.
Senate Bill No. 304, Providing alternative means for initial purchaser of junked vehicles to notify DMV.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Jenkins and Unger.
Thereafter, at the request of Senator Browning, and by unanimous consent, the remarks by Senator Unger were ordered printed in the Appendix to the Journal.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Tucker, the name of Senator Tucker was removed as a sponsor of Senate Bill No. 500 (Modifying deliberate intention exception to employers' immunity from lawsuits based on work-related injuries granted by Workers' Compensation).
On motion of Senator Unger, leaves of absence for the day were granted Senators Barnes and Beach.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Unger, the Senate adjourned until tomorrow, Wednesday, February 16, 2011, at 11 a.m.
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