Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home
SENATE (2011)(RS):| Bills Introduced | Bill History | Topical Index | Committee Schedule | Calendar | Journal | Menu |

Senate Journal



Day 1
Day 2
Day 3
Day 6
Day 7
Day 8
Day 9
Day 10
Day 13
Day 14
Day 15
Day 16
Day 17
Day 20
Day 21
Day 22
Day 23
Day 24
Day 27
Day 28
Day 29
Day 30
Day 31
Day 34
Day 35
Day 36
Day 37
Day 38
Day 41
Day 42
Day 43
Day 44
Day 45
Day 48
Day 49
Day 50
Day 51
Day 52
Day 55
Day 56
Day 57
Day 58
Day 59
Day 60
Day 61
Day 62
Day 63
Day 64
Day 65
Day 66
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.
____________

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ***