sdj-41st day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2011
FORTY-FIRST DAY
____________
Charleston, W. Va., Monday, February 21, 2011
The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)
Prayer was offered by Pastor Tom Price, Roxalana Gospel
Tabernacle, Dunbar, West Virginia. Erica Dodge of Marietta, Ohio,
then proceeded in the singing of "When I Look at You" and "Change".
Pending the reading of the Journal of Friday, February 18,
2011,
On motion of Senator Foster, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
On motion of Senator Unger, the Senate recessed for five
minutes to permit Maggie Dillon to address the Senate on behalf of
the Governor's School for the Arts and Matthew Artimez to address
the Senate on behalf of the Governor's Honors Academy.
Upon expiration of the recess, the Senate reconvened and
proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from passage, of
Eng. Senate Bill No. 205, Updating certain terms in
Corporation Net Income Tax Act.
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. 215, Updating certain terms in Personal
Income Tax Act.
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. 254, Making supplementary appropriation
of federal funds to Development Office and Division of Human
Services.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 18, Requesting DOH name
bridge on Corridor H in Moorefield, Hardy County, "Richard Lee
'Dickie' Moyers Veterans Memorial Bridge".
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. 2586--A Bill to amend and
reenact article 8, chapter 64 of the Code of West Virginia, 1931,
as amended, relating generally to the promulgation of
administrative rules by the Department of Transportation; legislative mandate or authorization for the promulgation of
certain legislative rules by various executive or administrative
agencies of the state; authorizing certain of the agencies to
promulgate certain legislative rules in the form that the rules
were filed in the State Register; authorizing certain of the
agencies to promulgate certain legislative rules with various
modifications presented to and recommended by the Legislative Rule-
Making Review Committee; authorizing the Commissioner of Highways
to promulgate legislative rules relating to the use of state road
rights of way and adjacent areas (157 CSR 6) the transportation of
hazardous wastes upon the roads and highways (157 CSR 7), and
Community Empowerment Transportation Act Program (157 CSR 10);
authorizing the Division of Motor Vehicles to promulgate a
legislative rule relating to the Motor Vehicle Inspection Manual
(91 CSR 12); and authorizing the Department of Transportation -
State Rail Authority to promulgate a legislative rule relating to
the valuation of used rolling stock and equipment (172 CSR 2).
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. Com. Sub. for House Bill No. 2613--A Bill to amend and
reenact article 6, chapter 64 of the Code of West Virginia, 1931,
as amended, relating generally to the promulgation of
administrative rules by the Department of Military Affairs and
Public Safety and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain
legislative rules by various executive or administrative agencies
of the Department of Military Affairs and Public Safety;
authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in the
State Register; authorizing certain of the agencies to promulgate
certain legislative rules with various modifications presented to
and recommended by the Legislative Rule-Making Review Committee;
authorizing certain of the agencies to promulgate certain
legislative rules as amended by the Legislature; authorizing
certain of the agencies to promulgate certain legislative rules
with various modifications presented to and recommended by the
Legislative Rule-Making Review Committee and as amended by the
Legislature; authorizing the Governor's Committee on Crime,
Delinquency and Correction to promulgate legislative rules relating
to Protocol for Law Enforcement Response to Domestic Violence, (149
CSR 3) and Law Enforcement Training Standards, (149 CSR 2).
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. Com. Sub. for House Bill No. 2626--A Bill to amend and
reenact article 10, chapter 64 of the Code of West Virginia, 1931,
as amended, all relating generally to the promulgation of
administrative rules by the Department of Commerce; legislative
mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies
of the state; authorizing certain of the agencies to promulgate
certain legislative rules in the form that the rules were filed in
the State Register; authorizing certain of the agencies to
promulgate certain legislative rules with various modifications
presented to and recommended by the Legislative Rule-Making Review
Committee; authorizing certain of the agencies to promulgate
certain legislative rules as amended by the Legislature;
authorizing certain of the agencies to promulgate certain
legislative rules with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee and as
amended by the Legislature; authorizing the Workforce West Virginia
to promulgate a legislative rule related to the employer violator
system, (96 CSR 3); authorizing the Division of Natural Resources
to promulgate legislative rules relating to special motorboating
regulations, (58 CSR 27), prohibitions when hunting and trapping,
(58 CSR 47), and general hunting, (58 CSR 49); authorizing the
Division of Labor to promulgate legislative rules relating to the
Elevator Safety Act, (42 CSR 21), supervision of elevator mechanics
and apprentices, (42 CSR 21A), the Crane Operator Certification
Act, (42 CSR 24), and the Crane Operator Certification Act -
practical examination, (42 CSR 25).
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. Com. Sub. for House Bill No. 2885--A Bill to amend and
reenact §44A-1-8 of the Code of West Virginia, 1931, as amended;
and to amend said code by adding thereto a new section, designated
§44A-1-15, all relating to the eligibility of guardians or
conservators to be hired to provide care to a protected person
through employment with a behavioral health provider in certain
circumstances.
Referred to the Committee on Health and Human Resources; 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. 2918--A Bill to amend and reenact
§11-12-3, §11-12-5 and §11-12-86 of the Code of West Virginia,
1931, as amended, all relating to permanent business registrations;
changing the procedure for suspending, revoking or canceling a
business registration certificate; permitting a registrant to
appeal an order to suspend, revoke or cancel a business
registration certificate; permitting a business registration
certificate to be revoked, canceled or suspended for nonpayment of
property taxes; changing the sparkler and novelty registration fee
from annual one to an initial one; and updating permanent
registration language.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 37--Requesting the Division of
Highways to name the second bridge, number 23-16/1-0.15, in
Accoville Hollow of Buffalo Creek Road on Route 16, Logan County,
West Virginia, the "Cpl. Druey L. Hatfield 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. 38--Requesting the Division of
Highways to name bridge number 21-79-95.73 on I-79 in Weston, West
Virginia, the "Colonel James E. Hiteshew 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. 63--Requesting that the
portion of Route 273 between the Veterans Memorial Bridge and the
intersection at the Robert "Bob" Mollohan Bridge from Interstate 79
into Fairmont, Marion County, West Virginia be named the "Alan B.
Mollohan Gateway".
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. 70--Requesting the Division of
Highways to name the bridge on US Route 220 which crosses the North
Branch of the Potomac River in the city of Keyser, Mineral County,
West Virginia, bridge number 29-220-14.83, as the "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. 86--Requesting the Division of
Highways to name the bridge located on the new Route 35, crossing
Route 34 at Poplar Fork, Putnam County, specifically bridge number
40-35-2.40, the "PFC Roger Lee Byus 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. 87--Requesting the Division of
Highways to name the bridge on Brounland Road, crossing Brier Creek
in Kanawha County, bridge number 20-15-2.64, as the "James Paul
Harrison WWII 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. 40, Excluding certain taxicab companies from
Workers' Compensation Fund liability.
And reports the same back a committee substitute for same with
the following title:
Com. Sub. for Senate Bill No. 40 (originating in the Committee
on Transportation and Infrastructure)--A Bill to amend and reenact
§23-2-1 of the Code of West Virginia, 1931, as amended, relating to
providing that taxicab companies are not required to subscribe to
or pay into the Workers' Compensation Fund by having insurance
policies approved by the Insurance Commissioner.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Robert D. Beach,
Chair.
At the request of Senator Klempa, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 40) contained in the
preceding report from the Committee on Transportation and
Infrastructure 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 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. 66, Increasing speed limit for use of
low-speed vehicles in municipalities.
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 Government Organization.
Respectfully submitted,
Robert D. Beach,
Chair.
At the request of Senator Klempa, unanimous consent being
granted, the bill (S. B. No. 66) contained in the preceding report
from the Committee on Transportation and Infrastructure 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 Government Organization.
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. 225, Creating WV Innovation and Development Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 225 (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 §5E-3-1, §5E-3-2, §5E-3-3, §5E-3-4, §5E-3-5, §5E-3-6,
§5E-3-7, §5E-3-8, §5E-3-9, §5E-3-10 and §5E-3-11; and to amend and
reenact §31-15-6 of said code, all relating to the creation of an
innovation and development program; providing short title;
declaration of policy; setting forth purposes; providing
definitions; authorizing and directing the Economic Development
Authority to propose rules to implement its provisions and provide
for the effective and efficient administration of the program;
authorizing the authority to provide technical and professional
assistance to entrepreneurs in the state; authorizing the authority
to make qualified investments and loans; authorizing recoverable
revenue credits to private investors for investments in qualified
investment companies pursuant to rules to be promulgated by the
authority; authorizing tax credits to investors in qualified
community development entities; creating a revolving fund to
deposit all profits collected by the Economic Development
Authority; and specifying disclosure, conflict of interest and
confidentiality standards for the operation of the innovation and
development program.
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,
Richard Browning,
Chair.
At the request of Senator Browning, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 225) 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 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. 268, Establishing driver's license restoration
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.
At the request of Senator Klempa, unanimous consent being
granted, the bill (S. B. No. 268) contained in the preceding report
from the Committee on Transportation and Infrastructure 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 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. 518, Revising high-growth business investment
tax credit.
And,
Senate Bill No. 520, Relating to Economic Development
Authority's criteria for loans to tourism projects.
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,
Richard Browning,
Chair.
At the request of Senator Browning, unanimous consent being
granted, the bills (S. B. Nos. 518 and 520) 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 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. 28, Requesting DOH name
intersection of Stoney Ridge and King Coal Highway in Mercer County
"Christine West Interchange".
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".
Senate Concurrent Resolution No. 30, Requesting DOH name
bridge number 03-119-16.22 "PFC Willie Ray Stollings Memorial
Bridge".
Senate Concurrent Resolution No. 32, Requesting DOH name
bridge on U. S. Route 60 in Gauley Bridge "Sgt. Scott Angel
Memorial Bridge".
Senate Concurrent Resolution No. 33, Requesting DOH name
bridge on Route 16 in Wyoming County "Justin Lane Haga Janes and
Matthew Robert Wrenn Memorial Bridge".
And,
House Concurrent Resolution No. 57, The "Lance Corporal John
Darrell Smith 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 Minard and D. Facemire:
Senate Bill No. 562--A Bill to amend and reenact §48-6-301 of
the Code of West Virginia, 1931, as amended, relating to providing
that a court may not consider income producing assets, which were
the subject of equitable marital distribution under article seven
of said chapter, when determining spousal support duration, amounts
or purposes.
Referred to the Committee on the Judiciary.
By Senators Foster, Edgell, Wells, McCabe and Palumbo:
Senate Bill No. 563--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §8-22-25a, relating to authorizing municipalities to
create deferred retirement option plans for certain employees.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Wells, Snyder, Browning, Edgell, D. Facemire,
Green, Palumbo, Plymale, Prezioso, Unger, Hall, Barnes, Jenkins,
Foster, Kessler (Acting President), Miller and McCabe:
Senate Bill No. 564--A Bill to amend and reenact §4-2-5 of the
Code of West Virginia, 1931, as amended, relating to creation of a
Fiscal and Policy Division under the Joint Committee on Government
and Finance.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Palumbo, Wills, Foster and Kessler (Acting
President:
Senate Bill No. 565--A Bill to amend and reenact §61-11A-2 and
§61-11A-6 of the Code of West Virginia, 1931, as amended; and to
amend and reenact §62-12-23 of said code, all relating to adding
persons who resided with crime victims to those who are provided
notice of matters in the prosecutorial process and the right to be
heard at sentencing and parole proceedings.
Referred to the Committee on the Judiciary.
By Senators McCabe, Wells, Foster, Kessler (Acting President)
and Palumbo:
Senate Bill No. 566--A Bill to amend and reenact §5-16-5 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§5-16D-1, §5-16D-2 and §5-16D-6 of said code; to amend and reenact
§11-10-5d of said code; to amend and reenact §11-17-3 of said code;
and to amend and reenact §18-9A-24 of said code, all relating to
other post-employment benefits generally; prohibiting Public
Employees Insurance Agency Finance Board from including in the
financial plans any subsidy for the cost of coverage for retired
employees who were hired on or after July 1, 2010; capping the
amount the finance board may include in the financial plans as
subsidy for the cost of coverage for retired employees who were
hired before July 1, 2010 at $150 million; defining "contractually
required contribution"; authorizing the finance board to set
minimum annual required contribution below annual required contribution; specifying that each participating government entity
is required to remit annual contractual obligation; authorizing the
Tax Commissioner to disclose certain return information to the
Public Employees Insurance Agency to determine total income for
premium calculation; increasing the excise tax on cigarettes from
55 cents to $1.55 per pack; dedicating a portion of the increased
tax to the West Virginia Retiree Health Benefit Trust Fund for ten
years; specifying that the trust fund is to keep all earnings
during the ten-year period; specifying that the foundation
allowance for Public Employees Insurance Fund shall be paid
directly to the West Virginia Retiree Health Benefit Trust Fund and
each county board shall reflect its share of the payment as revenue
on its financial statements to offset the applicable portion of its
annual contractually required contribution expense; and providing
that any amount of annual contractually required contribution
allocated to and billed county boards of education for certain
employees is a liability of the state until fully paid.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Snyder and McCabe:
Senate Bill No. 567--A Bill to amend and reenact §8A-6-3 of
the Code of West Virginia, 1931, as amended, relating to
establishing a planning commission's rights and obligations when a
developer hasfiled for bankruptcy and the development has not
been completed.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Tucker and Plymale:
Senate Bill No. 568--A Bill to amend and reenact §29-21-9 of
the Code of West Virginia, 1931, as amended, relating to panel
attorneys; and providing that an attorney from the public defender
office shall be appointed by a judge in certain cases.
Referred to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 569--A Bill to amend and reenact §36B-1-203 of
the Code of West Virginia, 1931, as amended, relating to an
increase in homeowners' associations' dues so that there is
sufficient funding to maintain environmental management plans and
streets.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Browning, Laird, Williams, Palumbo, Foster and
Plymale:
Senate Bill No. 570--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §30-41-1, §30-41-2, §30-41-3, §30-41-4, §30-41-5,
§30-41-6, §30-41-7, §30-41-8 and §30-41-9, all relating to creating
the Volunteer for Nonprofit Youth Organizations Exemption from
Licensing, Certification and Permitting Act; exempting certain
volunteers for nonprofit youth organizations from licensing,
certification and permitting; stating purpose; defining terms;
exempting certain medical service professionals; exempting certain emergency medical personnel; exempting certain law-enforcement
officers; stating duties of the nonprofit youth organization;
defining liability of the volunteers and the nonprofit youth
organizations; and declaring the sections of said article
severable.
Referred to the Committee on Government Organization.
By Senators Miller and Unger:
Senate Bill No. 571--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18C-3-4, relating to health professionals student loan
programs; health sciences tuition program; and providing in-state
tuition rates to out-of-state medical and osteopathic students who
agree to practice for a specific time within West Virginia.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Wills and Snyder:
Senate Bill No. 572--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §22A-1-40, relating to prohibiting certain employees of
the Office of Miners' Health, Safety and Training from being called
as witnesses in actions arising from mine accidents where those
employees served as mine rescue personnel without the prior written
permission of the director; and authorizing rulemaking.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Jenkins and Plymale:
Senate Bill No. 573--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-11-27, relating to additional punishment for
utilizing a minor in the commission of a crime.
Referred to the Committee on the Judiciary.
By Senators Green, Kessler (Acting President), Beach, Hall,
Minard, Plymale, Prezioso, Sypolt, Unger, Jenkins, Browning and
McCabe:
Senate Bill No. 574--A Bill to amend and reenact §16-5-21 of
the Code of West Virginia, 1931, as amended, relating to fetal
death reporting; and creating the Grieving Parents Act.
Referred to the Committee on the Judiciary.
By Senator McCabe:
Senate Bill No. 575--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 and §11-
13BB-5; and to amend and reenact §24-2-1j of said code, all
relating to the establishment of tax credits against the coal
severance tax; payments by taxpayers claiming the credit to
utilities providing electric service to energy intensive industrial
consumers at special rates; legislative findings; defining certain
terms; setting forth the amount of the tax credits; when the tax
credits may be taken; how the tax credits are to be calculated and
allocated; how the payments triggered by the tax credits are to be
made to utilities; and when the provisions authorizing the tax
credit expire.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on Finance.
By Senators Kessler (Acting President), Wells, Foster,
Browning, Green, Unger and Jenkins:
Senate Bill No. 576--A Bill to repeal §11-21-22a of the Code
of West Virginia, 1931, as amended; and to amend and reenact
§11-21-22 and §11-21-22b of said code, all relating to personal
income tax; and authorizing a refundable tax credit based upon the
federal earned income tax credit.
Referred to the Committee on Finance.
By Senators McCabe, Wells, Foster, Miller and Klempa:
Senate Bill No. 577--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18-9D-22, relating to authorizing the School Building
Authority to award grants or moneys to county and local library
boards in connection with public library construction projects from
any funds appropriated by the Legislature; defining "public library
construction project"; requiring a demonstration of county or local
effort and fundraising before grants or moneys may be awarded for
a public library construction project; describing what costs may be
paid by the School Building Authority; setting forth additional
powers of authority concerning construction projects; and
authorizing the authority to establish guidelines and procedures
for the award of grants or moneys for public library construction
projects.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Hall and Barnes:
Senate Bill No. 578--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §57-3A-1, §57-3A-2, §57-3A-3, §57-3A-4, §57-3A-5, §57-
3A-6, §57-3A-7, §57-3A-8, §57-3A-9, §57-3A-10, §57-3A-11 and §57-
3A-12, all relating to creating the Reliability in Expert Testimony
Standards Act; providing standards of admission for expert witness
testimony; opinion testimony by lay witnesses; testimony by
experts; basis of expert opinion testimony; bars to expert
testimony; mandatory pretrial hearing and disclosure of expert
testimony; interpretation of article; interlocutory appeal;
standard of review; severability clause; and providing effective
date.
Referred to the Committee on the Judiciary.
By Senators Foster, Wells and Miller:
Senate Bill No. 579--A Bill to amend and reenact §17C-5-2 of
the Code of West Virginia, 1931, as amended, relating to making it
a felony to drive a vehicle while under the influence of alcohol,
controlled substance or other drug that causes serious bodily
injury to another person; establishing penalties for first and
subsequent violations of certain provisions; and defining a term.
Referred to the Committee on the Judiciary.
By Senators Yost and Klempa:
Senate Bill No. 580--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article, designated §16-43-1, §16-43-2, §16-43-3, §16-43-4, §16-43-5 and
§16-43-6, all relating to creation of the Medication Therapy
Management Act; and that fees for third-party providers pay for the
therapy under this act.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Unger and K. Facemyer:
Senate Bill No. 581--A Bill to amend and reenact §3-3-3 of the
Code of West Virginia, 1931, as amended, relating to reducing the
days for early voting in person; and allowing Saturday early voting
in all elections.
Referred to the Committee on the Judiciary.
By Senators Miller and Williams:
Senate Bill No. 582--A Bill to amend and reenact §29-4-15 of
the Code of West Virginia, 1931, as amended, relating to notaries
and commissioners; and designating specific criteria for seals of
commissioners appointed by the Governor to acknowledge signatures.
Referred to the Committee on Government Organization.
By Senators Kessler (Acting President), Unger, Snyder,
Prezioso, Plymale, Palumbo, Green, Stollings, Browning, Edgell,
Miller, D. Facemire, Helmick, Fanning, Foster, Klempa, Minard,
McCabe, Wells, Beach, Laird, Wills, Williams, Jenkins, Tucker,
Chafin, Nohe, K. Facemyer, Hall and Boley:
Senate Bill No. 583--A Bill to amend and reenact §33-3-33 of
the Code of West Virginia, 1931, as amended, relating to taking
back the surcharge on fire and casualty insurance policies to one percent; and having this surcharge benefit volunteer and part-
volunteer fire departments.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senator Jenkins:
Senate Bill No. 584--A Bill to amend and reenact §33-6A-1 of
the Code of West Virginia, 1931, as amended, relating to automobile
liability insurance policies; cancellation prohibited except for
specified reasons; and providing for nonrenewal for failure of
consideration.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Miller and Williams:
Senate Bill No. 585--A Bill to amend and reenact §31B-8-809 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§31D-14-1420 of said code; to amend and reenact §31D-15-1530 of
said code; to amend and reenact §31E-13-1320 of said code; and to
amend and reenact §31E-14-1430 of said code, all relating to
permitting the Secretary of State to dissolve a corporate entity if
its professional license has been revoked or is in default with the
Bureau of Employment Programs.
Referred to the Committee on the Judiciary.
By Senator Hall:
Senate Bill No. 586--A Bill to amend and reenact §18A-2-2 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§18A-3-1, §18A-3-2 and §18A-3-2a of said code; to amend and reenact §18A-4-7a of said code; and to amend said code by adding thereto a
new section, designated §18A-3A-6a, all relating to school
personnel; employment of teachers; changing reference to "classroom
teacher" to "professional personnel"; training; certification;
licensing; professional development; teacher preparation programs;
teacher certification; authority of state superintendent to issue
certificates; center for professional development; establishing a
National Board Certification Candidacy Cohort Program; salaries,
wages and other benefits; and standards relating to employment,
promotion and transfer of professional personnel and seniority.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Kessler (Acting President), Unger, Browning and
Stollings:
Senate Bill No. 587--A Bill to amend and reenact §5B-2E-5 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto two new sections, designated §5B-2E-7b and §5B-
2E-7c, all relating generally to the West Virginia Tourism
Development Act; and adding a small-scale tourism development
component and an ancillary project component.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senator Jenkins:
Senate Bill No. 588--A Bill to amend and reenact §33-6A-4 of
the Code of West Virginia, 1931, as amended, relating to placing a
private passenger vehicle into commercial service as proper reason to refuse to renew coverage.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senator Palumbo:
Senate Bill No. 589--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §27-5-2a, relating to hiring of permanent full-time and
part-time mental hygiene commissioners by the Supreme Court of
Appeals.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Browning and Green:
Senate Bill No. 590--A Bill to amend and reenact §5B-2E-7a of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §5B-2E-7b, all relating
generally to tourism development projects; removing annual credit
cap for expansion projects; providing rule for determining credit
for multiyear, multiphase projects; and providing consumers sales
and service tax presumption.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Miller and Williams:
Senate Bill No. 591--A Bill to amend and reenact §59-1-2a of
the Code of West Virginia, 1931, as amended, relating to
authorizing the Secretary of State to charge fees for current
electronic and online services.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Palumbo, Stollings, Plymale, Unger, Browning,
Minard, Foster, Wells, Fanning, Jenkins, Tucker and Kessler (Acting
President):
Senate Bill No. 592--A Bill to amend and reenact §18-9F-1 of
the Code of West Virginia, 1931, as amended; to amend said code by
adding thereto a new section, designated §18-9F-9; and to amend and
reenact §18-28-2 of said code, all relating to requiring that
schools have crisis response plans; updating legislative findings
and intent; establishing criteria for creating and updating crisis
response plans; authorizing legislative rules to assist in devising
requirements for crisis response plans; and requiring private,
parochial and religious schools to create crisis response plans.
Referred to the Committee on Education.
By Senators Stollings and Miller:
Senate Bill No. 593--A Bill to amend and reenact §3-3-10 of
the Code of West Virginia, 1931, as amended, relating to allowing
registered voters to challenge absentee ballots under certain
circumstances.
Referred to the Committee on the Judiciary.
By Senator Sypolt:
Senate Bill No. 594--A Bill to amend and reenact §36-3-5a of
the Code of West Virginia, 1931, as amended, relating to
descriptions of easements and rights-of-way in deeds and similar
instruments.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senator Sypolt:
Senate Bill No. 595--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §24A-2-4c, relating to requiring all open or open-topped
motor carriers engaged in the transportation of solid waste to be
equipped and operated with truck tarpaulins.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senator Sypolt:
Senate Bill No. 596--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-15-9n, relating to a sales tax exemption for
veterinary medications.
Referred to the Committee on Agriculture; and then to the
Committee on Finance.
By Senator Sypolt:
Senate Bill No. 597--A Bill to amend and reenact §11-10-13c
and §11-10-13f of the Code of West Virginia, 1931, as amended, all
relating to notice and removal of personal property from real
property after a tax sale.
Referred to the Committee on the Judiciary.
By Senator Unger (By Request):
Senate Bill No. 598--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article, designated §21-3E-1, §21-3E-2, §21-3E-3, §21-3E-4, §21-3E-5, §21-
3E-6, §21-3E-7, §21-3E-8 and §21-3E-9, all relating to labor;
providing for healthy workplaces by providing remedies for hostile
work environments; defining terms; providing an affirmative defense
for employers; banning retaliation in certain circumstances;
providing an employer duty to respond to third-party acts of
malice; restricting applicability to employment practices not
covered by existing state laws on human rights or wrongful
discharge; and providing certain time limitations for commencing
action.
Referred to the Committee on Labor; and then to the Committee
on the Judiciary.
By Senator Laird:
Senate Bill No. 599--A Bill to amend and reenact §29A-5-1 of
the Code of West Virginia, 1931, as amended, relating to providing
that hearing examiners conducting state agency administrative
hearings be selected from a panel of five hearing examiners by a
process in which the state agency first strikes two hearing
examiners and the respondent subsequently strikes two hearing
examiners.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Unger:
Senate Bill No. 600--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §15-2B-15, relating to DNA data collection generally; and allowing the use of partial-match analysis as an investigative
tool in murder, kidnapping and first and second degree sexual
assault cases where all investigated leads have been exhausted.
Referred to the Committee on the Judiciary.
By Senators Unger and D. Facemire:
Senate Bill No. 601--A Bill to amend and reenact §5-5-2 of the
Code of West Virginia, 1931, as amended, relating to increasing the
amount of annual and incremental salary increases for eligible
employees from $60 to $120.
Referred to the Committee on Finance.
By Senator Unger:
Senate Bill No. 602--A Bill to amend and reenact §23-2-1 and
§23-2-1b of the Code of West Virginia, 1931, as amended; to amend
and reenact §23-2C-10 of said code; and to amend said code by
adding thereto a new section, designated §33-2-21a, all relating to
workers' compensation programs of state government entities and
their employees; defining participants and exceptions thereto;
including the West Virginia Wing of the Civil Air Patrol in such
coverage; 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 a 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; allowing coverage under
assigned risk plan; and authorizing Insurance Commissioner to propose legislative rules and to adopt emergency rules.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Jenkins and Plymale:
Senate Bill No. 603--A Bill to amend and reenact §23-2-1, §23-
2-1a and §23-2-1b of the Code of West Virginia, 1931, as amended,
all relating to workers' compensation programs of state government
entities and their employees; defining participants and exceptions
thereto; including the West Virginia Wing of the Civil Air Patrol
in such coverage when performing a mission within the state and for
state agencies that do not qualify for funded federal mission
status; and designating the National Guard as the employer of
record of members of the West Virginia Wing of the Civil Air Patrol
for purposes of workers' compensation coverage.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Hall, Unger and Plymale:
Senate Bill No. 604--A Bill to amend and reenact §17-4-47 of
the Code of West Virginia, 1931, as amended, relating to granting
access to unused property of the Department of Highways to real
property owners within a one-mile radius of the land.
Referred to the Committee on Transportation and
Infrastructure.
By Senators Williams and Minard:
Senate Bill No. 605--A Bill to amend and reenact §60-8-30 of
the Code of West Virginia, 1931, as amended, relating to allowing wine distribution agreements to be by geographic areas and not the
state as a whole.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Kessler (Acting President) and Hall (By Request of
the Executive):
Senate Bill No. 606-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§12-6-20; to amend and reenact §17-16A-10 of said code; and to
amend and reenact §31-15A-11 of said code, all relating to
providing funding and financing mechanisms for the parkways project
along U.S. Route 35 in Putnam and Mason Counties; authorizing the
Investment Management Board to make investments out of the Public
Employees Retirement System by purchasing bonds issued by the
Parkways Authority to finance construction of a portion of an
approved parkways project on U.S. Route 35 in Mason County and
Putnam County; providing legislative findings; providing
limitations on the amount of financing; establishing rate of return
on investment; creating a Parkways Authority Investment Fund in the
State Treasury; providing the manner in which the Investment
Management Board will be repaid from the Parkways Authority
Investment Fund; requiring certification of certain transfers
between the Investment Management Board and the Parkways Authority
Investment Fund; providing the Investment Management Board immunity
from liability if actions proper according to provisions of
section; requiring the general manager of the Parkways Authority to certify funding amounts in Debt Service Reserve Fund to certain
persons on dates certain; providing that subsequent to transfer of
certain moneys from the West Virginia Infrastructure Fund into the
West Virginia Infrastructure Lottery Revenue Debt Service Fund,
other moneys in the West Virginia Infrastructure Fund be dedicated
to maintaining the Debt Service Reserve Fund for the U.S. Route 35
parkways project before being dedicated to other infrastructure
projects; and making technical corrections.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
Senators Wills and Klempa offered the following resolution:
Senate Concurrent Resolution No. 39--Requesting the Division
of Highways name West Virginia 20 between the city of Cowen and the
Webster and Nicholas county lines the "Chief Samuel 'Ed' Plummer
Memorial Highway".
Whereas, Samuel Edward Plummer was born on June 27, 1901, and
passed away in October, 1995; and
Whereas, Samuel Edward Plummer dedicated most of his life to
the service of the people as a police officer in the cities of
Camden-on-Gauley and Clay, West Virginia; and
Whereas, Samuel Edward Plummer served as the chief of police
for the city of Camden-on-Gauley from 1949 to 1951 and 1963 to
1972; and
Whereas, Samuel Edward Plummer served as the chief of police
for the city of Clay from 1958 to 1963; and
Whereas, Samuel Edward Plummer was injured in the line of duty serving as the city of Clay's chief of police and after sustaining
multiple stab wounds, was still able to apprehend all of his
assailants; and
Whereas, Samuel Edward Plummer performed his duties without
ever driving an automobile, by walking the beat and personally
engaging the community he was sworn to protect; and
Whereas, Samuel Edward Plummer was an avid storyteller and
recounted many of his experiences serving as an officer of the law
to his family, friends, neighbors and community members, where to
this day, those that knew him and heard his stories can recall them
word for word; and
Whereas, Samuel Edward Plummer was a committed and respected
officer of the law and worked tirelessly protecting the communities
of Camden-on-Gauley and Clay. He was a beloved grandfather who
passed away after many years in the service to his communities and
will be missed by all who knew him; and
Whereas, The life of Samuel Edward Plummer shall be recognized
and honored; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways name West Virginia 20 between
the city of Cowen and the Webster and Nicholas county lines the
"Chief Samuel 'Ed' Plummer Memorial Highway"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the highway
as the "Chief Samuel 'Ed' Plummer Memorial Highway"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and the family of Samuel Edward
Plummer.
Which, under the rules, lies over one day.
Senators Hall, Wells and Klempa offered the following
resolution:
Senate Concurrent Resolution No. 40--Requesting the
Commissioner of the Division of Highways to name bridge number 40-
35-2.40, located on the new Route 35, crossing Route 34 at Poplar
Fork, Putnam County, the "PFC Roger Lee Byus Memorial Bridge,
Killed in Action, Vietnam 1969".
Whereas, Roger Lee Byus was born on March 23, 1949, the son of
Mervin C. Byus, Jr. and Alma Ruth Ball Byus in Winfield, Putnam
County, West Virginia and raised and educated in Putnam County. He
attended Black Lick School, a one-room elementary school near his
home, Hurricane Middle School and Hurricane High School, where he
played football. He enjoyed hunting, fishing and riding
motorcycles and any activity related to snow. He was employed by
C. H. Heist Corporation. He married Judy Elaine Dillon on
September 19, 1966. Eight days later she was killed in an
automobile accident; and
Whereas, On March 20, 1969, Roger Lee Byus was inducted into
the United States Army along with his two best friends, William
Gillespie and Keith Grant and were sent to Fort Knox, Kentucky
where he completed his basic and AIT training. He was then sent to
Vietnam, arriving there on October 13, 1969, where he became a member of the elite 11th Armored Calvary, Blackhorse Regiment,
Second Squadron, E Troop as a gunner. On November 24, 1969, while
on a volunteer mission in Phuoc Long, South Vietnam, E Troop
encountered enemy forces and called for mortar support. The
coordinates were incorrectly sent and E Troop suffered a direct hit
injuring PFC Roger Lee Byus who was dead upon arrival at a base
hospital; and
Whereas, PFC Roger Lee Byus made the ultimate sacrifice for
his country, during the conflict in Vietnam, earning the Purple
Heart, Bronze Star and other medals posthumously; and
Whereas, The nature of the sacrifice of this brave and
courageous son of Putnam County requires us to honor his memory, by
ensuring that future generations are aware of his bravery and
sacrifice in the cause of freedom; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Commissioner of the
Division of Highways to name bridge number 40-35-2.40, located on
the new Route 35, crossing Route 34 at Poplar Fork, Putnam County
the "PFC Roger Lee Byus Memorial Bridge, Killed in Action, Vietnam,
1969"; and, be it
Further Resolved,
That the Commissioner of the Division of
Highways is hereby requested to cause to be fabricated signs to be
erected at each entry of said bridge, containing bold and prominent
letters proclaiming the bridge to be the
"PFC Roger Lee Byus
Memorial Bridge, Killed in Action, Vietnam, 1969"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of
Transportation, the Commissioner of the Division of Highways and
the surviving family of PFC Roger Lee Byus.
Which, under the rules, lies over one day.
Senators Miller and Klempa offered the following resolution:
Senate Concurrent Resolution No. 41--Requesting the Division
of Highways to name the bridge located in Greenbrier County, West
Virginia, that spans the Muddy Creek River on Route 3, Bridge No.
13-3-0.41, the "Campbell Memorial Bridge".
Whereas, James William "Bill" Campbell was born on February 5,
1930, at the Campbell home place on Teaberry Road in Ronceverte,
West Virginia. He served in the Korean War as a Corporal from
October 18, 1951, to September 30, 1953, and remained in reserve
duty after the Korean War showing his dedication to his country;
and
Whereas, James William "Bill" Campbell was a life-long member
of the VFW, served the City of Hinton from 1963 to 1970, including
a period from 1964-1966 in which he served as Chief of Police. He
served the Greenbrier Hotel from 1970 to 1993 as a Security Guard
and from 1990 to 1994, Bill Campbell was Vice-Chairman of the
Greenbrier County Democrat Committee; and
Whereas, Corporal James William "Bill" Campbell passed away on
November 16, 2010, and his service and commitment to his country
and community should not go unnoticed and it is a fitting
remembrance and tribute to name a bridge in his honor; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the
bridge located in Greenbrier County, West Virginia, that spans the
Muddy Creek River on Route 3, Bridge No. 13-3-0.41, the "Campbell
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
"Campbell 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
surviving Campbell family members and the Secretary of the
Department of Transportation.
Which, under the rules, lies over one day.
Senators Unger, Snyder, Wells, Kessler (Acting President),
McCabe, Plymale and Klempa offered the following resolution:
Senate Resolution No. 31--Designating February 21, 2011, as
Jefferson County Day at the Capitol.
Whereas, Jefferson County Day at the Capitol is sponsored and
founded by West Virginia Communication Outreach of Jefferson
County, an all-volunteer, non-political, non-partisan, non-
denominational outreach organization structured to help benefit and
increase the communications between Jefferson County residents,
local governments and West Virginia state government through fact-
finding and information-sharing; and
Whereas, Jefferson County Day at the Capitol is representative
of five areas of Jefferson County, Arts & Humanities, supported by Paul Pritchard, President, and Board Member Julie Siler of the Arts
and Humanities Alliance of Jefferson County, Businesses, supported
by Heather Morgan, Director of Jefferson County Chamber of
Commerce, Economic Development, supported by, Whitney Burch,
Research Assistant for Jefferson County Development Authority, and
Educational/University Systems, supported by Susan Wall,
Superintendent of Jefferson County Schools, Susan Sowers, Patrick
Blanc, and Rob Perks, also of Jefferson County Schools, Craig
Gilman, of American Public University, Tourism & Cultural Heritage,
supported by Cheryl Keyrouze, Director of Shepherdstown Visitors
Center; and
Whereas, Jefferson County Day at the Capitol is encouraged in
principal and supported fiscally through the Jefferson County
Convention and Visitors Bureau, the Jefferson County Commission,
and the Jefferson County Development Authority; and
Whereas, Jefferson County Day at the Capitol is supported by
the Bavarian Inn, the Clarion Hotel and Conference Center, the
Holiday Inn Express, the Hollywood Casino at Charles Town Races,
and the Quality Inn Conference Center; and
Whereas, Jefferson County Day at the Capitol will continue on
as an annual event through the efforts of West Virginia
Communication Outreach of Jefferson County being committed to
developing and continuing to nurture an ongoing direct relationship
between the residents of Jefferson County and the State of
West Virginia, while continuing to meet with West Virginia state
legislators and develop relationships between counties to optimize our strengths and strengthen our weaknesses; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 21, 2011, as
Jefferson County Day at the Capitol; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate officials representing
Jefferson County Day at the Capitol.
At the request of Senator Unger, 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.
At the expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Senators Unger, Snyder, Wells, Kessler (Acting President),
McCabe, Plymale and Klempa offered the following resolution:
Senate Resolution No. 32--Recognizing Leadership Jefferson for
its service, dedication and commitment to Jefferson County.
Whereas, The objective of Leadership Jefferson is to promote
knowledge and awareness of the problems, opportunities and issues
facing Jefferson County; and
Whereas, Leadership Jefferson is designed to provide a series
of educational and participatory experiences, as well as an
opportunity for dialogue and the development of a correlation among
participants in order to encourage local participation in the
growth of Jefferson County; and
Whereas, The membership of Leadership Jefferson includes
individuals from nearly every facet of Jefferson County's business,
professional, religious, governmental, educational, civic, the
arts, organized labor and minority organizations who demonstrate a
commitment to the community; and
Whereas, The 2011 membership of Leadership Jefferson consists
of Chris Atkins, Teacher of the Year; Lisa Bowers, Holiday Inn
Express; Tim Boyde, Jefferson County Commission; Leslie Cooper,
BB&T; Lane Donley, Jefferson County Development Authority; Todd
Fagan, Jefferson County Commission; Ashley Flanigan; Hans Fogle,
Prettyman Broadcasting; Jacqueline Geigel, APUS; Joshua
Householder, BCT; Amber Kraft, H.F. National Park; Melissa
Mallamas, Friends in Action of the Eastern Panhandle; Dee Mara,
Hollywood Casino at Charles Town Races; Todd McKinney, For Love of
Children; Debra Mendes, Valens Point; Martha Mumaw, Jefferson
Memorial Hospital; Dale Nisbet, H.F. National Park; Gary Rawlings,
City of Charles Town; Teresa Saunders-Meske, Saunders-Meske, P.A.;
Robert Sell, Jefferson County Sheriff Department; Paul Taylor,
Attorney; Joan Timmerman, WVUH-East; Teresa Warnick, Family
Resources/United Way; David White, Thompson Gas/Chamber; Jeremy
Williams, United Bank; Christina Coad, WVU Hospitals East/Jefferson
Memorial Hospital; Heather Morgan, Executive Director of the
Jefferson County Chamber of Commerce, Inc.; and Andrew Skinner of
the Skinner Law Firm; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes Leadership Jefferson for its service, dedication and commitment to Jefferson County; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate officials of
Leadership Jefferson.
At the request of Senator Unger, 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.
At the expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Senators Wells,
Yost, Edgell, D. Facemire, Laird, Williams,
Boley, Nohe, Sypolt, Barnes, Beach, Browning, Chafin, K. Facemyer,
Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler (Acting
President), Klempa, McCabe, Miller, Minard, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Tucker, Unger and Wills
offered the
following resolution:
Senate Resolution No. 33--
Designating Monday, February 21,
2011, as "Veterans Visibility Day".
Whereas, From the Revolutionary War, which gave America its
identity as a free and democratic nation, to this moment, America's
men and women have always risen to the call of duty in order to
defend and preserve our freedom and help maintain freedom
throughout the world; and
Whereas, Per capita, more citizens from West Virginia have
served in our nation's armed forces than from any other state. We are proud of our citizens who, despite danger, have done what they
must for peace and freedom; and
Whereas, Through wars, conflicts and the threat of terror,
thousands of West Virginians have paid the ultimate price for
freedom with their lives and thousands more have been wounded in
battle; and
Whereas, The Senate is proud to honor those future veterans
currently serving in harm's way in Iraq, Afghanistan and in other
countries all over the world to protect democracy from the threat
of terror; and
Whereas, It is always important that we honor the many brave
West Virginians who have faced the enemy, been wounded and even
given their lives not only for our freedom, but for freedom around
the world; therefore, be it
Resolved by the Senate:
That the Senate hereby designates Monday, February 21, 2011,
as "Veterans Visibility Day"; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Division of Veterans' Affairs.
At the request of Senator Wells, 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.
At the expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Petitions
Senator Laird presented a petition from Tonya Murphy and one
hundred fourteen West Virginia residents, opposing Committee
Substitute for Senate Bill No. 362
(Increasing excise tax on all
tobacco products).
Referred to the Committee on Finance.
At the request of Senator Unger, unanimous consent being
granted, the Senate returned to the fourth order of business.
Senator Jenkins, from the Committee on Interstate Cooperation,
submitted the following report, which was received:
Your Committee on Interstate Cooperation has had under
consideration
Senate Concurrent Resolution No. 42 (originating in the
Committee on Interstate Cooperation)--
Requesting the Joint
Committee on Government and Finance to study opportunities for West
Virginia to adopt model legislation and/or COMPAC to facilitate the
sharing of prescription data with other states.
Whereas, One of West Virginia's most significant health and
public safety challenges surrounds the problem of prescription drug
fraud, abuse and misuse. Tragically, in recent years West Virginia
has ranked at or near the top in the nation on poison deaths many
of which involve prescription drugs. West Virginia is not unique
in this health and public safety challenge and like many states
West Virginia has been proactive in advancing public policy
initiatives to address this crisis; and
Whereas, One of the most powerful tools in the fight against prescription drug abuse was the establishment of West Virginia's
Controlled Substance Monitoring Program. This database was
established by law over a decade ago and is housed and managed by
the West Virginia Board of Pharmacy. West Virginia was one of the
first states in the country to establish such a program; and
Whereas, Many other states have established their own
controlled substance monitoring database and much like in West
Virginia it is a repository of information about prescription data.
Currently approximately forty states have a controlled substance
database either up and running or approved by state law to be
created; and
Whereas, With the establishment of a large number of state
databases that essentially serve as silos of information,
initiatives have begun to establish methods and processes through
which interstate sharing of data can be facilitated; and
Whereas, West Virginia will likely have the opportunity to
engage in a partnership to develop model legislation, uniform laws
and or interstate COMPAC agreements with other states to share
data; therefore, be it
Resolved by the Legislature of West Virginia:
That the Committee on Interstate Cooperation review and
consider opportunities for West Virginia to adopt model legislation
and or COMPACS to facilitate the sharing of prescription data.
Specific attention in the review should be given to recommendations
on how our prescription data is collected, who has authority to
access the information and how that information can be shared; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the Legislature, on the first day of the regular
session, 2012, on its findings, conclusions and recommendations
together with drafts of any legislation to effectuate its
recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Evan H. Jenkins,
Chair.
On motion of Senator Jenkins, the resolution (S. C. R. No. 42)
contained in the foregoing report from the Committee on Interstate
Cooperation was then referred to the Committee on Rules.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 36, Requesting Joint
Committee on Government and Finance study educational and
communication barriers facing children deaf or hard of hearing.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Education;
and then to the Committee on Rules.
Senate Concurrent Resolution No. 37, Urging WV Delegation to Congress oppose any action by Congress or President to reduce
funding for Community Service Block Grants.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Finance.
Senate Concurrent Resolution No. 38, Requesting Joint
Committee on Government and Finance study needs, challenges and
issues facing West Virginians with Alzheimer's.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Health and
Human Resources; and then to the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 253, Amending insurance
code with respect to holding companies.
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, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills and
Kessler (Acting President)--32.
The nays were: None.
Absent: Yost 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. 253) passed with its title.
Senator Unger moved that the bill take effect July 1, 2012.
On this question, the yeas were: Barnes, Beach, 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 and
Kessler (Acting President)--32.
The nays were: None.
Absent: Yost 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. 253) takes effect July 1, 2012.
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. 334, Creating criminal
offense for animal fighting ventures involvement.
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: Beach, Boley,
Browning, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall,
Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo,
Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells,
Williams, Wills and Kessler (Acting President)--27.
The nays were: Barnes, Chafin, Fanning, Helmick and
Tucker--5.
Absent: Yost 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. 334) passed.
On motion of Senator Palumbo, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Bill No. 334--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §61-8-19c, relating to making it a misdemeanor
to wager at animal fighting ventures; creating the misdemeanor
offense of conducting, financing, managing, supervising, owning or
leasing any part of an animal fighting venture or the premises on
which it takes place with knowledge that wagering is occurring; and
providing a criminal penalty.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 335,
Authorizing certain municipalities regulate taxis and taxi stands
by ordinance.
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, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills and
Kessler (Acting President)--32.
The nays were: None.
Absent: Yost 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 Com. Sub. for S. B. No. 335) 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 Senate Bill No. 390, Adding web-enabled
mobile devices to crime of invasion of privacy on computer.
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, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills and
Kessler (Acting President)--32.
The nays were: None.
Absent: Yost 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. 390) 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 Senate Bill No. 407, Incorporating federal health insurance reforms into insurance code.
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: Beach, Browning,
Chafin, Edgell, D. Facemire, Fanning, Foster, Green, Helmick,
Jenkins, Klempa, Laird, McCabe, Miller, Minard, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills
and Kessler (Acting President)--26.
The nays were: Barnes, Boley, K. Facemyer, Hall, Nohe and
Sypolt--6.
Absent: Yost 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. 407) 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. 507, Continuing Broadband Deployment
Council.
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, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills and
Kessler (Acting President)--32.
The nays were: None.
Absent: Yost 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. 507) passed with its title.
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. 193, Relating to law-enforcement
certification generally.
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. 241, Relating to Division of
Tourism and Tourism Commission.
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. 243, Relating to Neighborhood
Investment Program Act.
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. 247, Exempting certain
construction contractor purchases from consumers sales, service and
use tax.
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. 263, Relating to special plates for testing of vehicles operated by certain nonprofit corporations.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 267, Increasing fine or penalty Commissioner
of Banking may impose on residential mortgage brokers and lenders.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Unger, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Senate Bill No. 274, Allowing Commissioner of Banking assess
state banks on quarterly basis.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Unger, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Com. Sub. for Senate Bill No. 388, Allowing fire chief appoint
member to serve as designee on property safety enforcement agency.
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. 460, Authorizing Division of
Forestry establish practices and procedures to address
law-enforcement requirements of division.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Eng. House Bill No. 2556, Resetting the expiration date of
provisions that allow the employment of retired teachers as
substitutes beyond the post-retirement employment limit.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2882, Relating to the
Commissioner's Assessment and Examination Fund.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2962, Increasing the amount
of a fine or penalty the Commissioner of Banking may impose on
residential mortgage brokers and lenders.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular
order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Bill No. 238, Redesignating Division of
Veterans' Affairs as Department of Veterans' Assistance.
Com. Sub. for Senate Bill No. 282, Continuing Highway
Design-Build Pilot Program.
Com. Sub. for Senate Bill No. 344, Relating to special method
for appraising qualified capital additions to manufacturing
facilities.
Com. Sub. for Senate Bill No. 474, Relating to manufacturer's
liability for prescription drug warning or instruction.
Senate Bill No. 514, Authorizing legislative rule for Higher
Education Policy Commission regarding authorization of
degree-granting institutions.
And,
Senate Bill No. 538, Creating Learn and Earn Cooperative
Education Program.
The Senate proceeded to the thirteenth order of business.
Senator Klempa called attention to today being the birthday of
the senator from Wayne and on behalf of the Senate extended
felicitations and good wishes to Senator Plymale, with Senator
Klempa leading the members in singing "Happy Birthday".
On motion of Senator Unger, leaves of absence for the day were
granted Senators Tomblin (Mr. President) and Yost.
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 22, 2011, at 11 a.m.
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