sdj-52nd day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2011
FIFTY-SECOND DAY
____________
Charleston, W. Va., Friday, March 4, 2011
The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)
Prayer was offered by the Reverend Danny Beckner, Leatherwood
Primitive Advent Church, Elkview, West Virginia.
Pending the reading of the Journal of Thursday, March 3, 2011,
On motion of Senator Klempa, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate next proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
that that body had refused to concur in the Senate amendments to,
and requested the Senate to recede therefrom, as to
Eng. Com. Sub. for House Bill No. 2464, Adding additional
requirements to the Ethics Act.
On motion of Senator Unger, the Senate refused to recede from
its amendments to the bill and requested the appointment of a committee of conference of three from each house on the disagreeing
votes of the two houses.
Whereupon, Senator Kessler (Acting President) appointed the
following conferees on the part of the Senate:
Senators Palumbo, Wills and Nohe.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Executive Communications
Senator Kessler (Acting President) laid before the Senate the
following communication from His Excellency, the Governor:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 3, 2011
The Honorable Jeffrey V. Kessler
Acting President, West Virginia Senate
The Honorable Richard Thompson
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear President Kessler and Speaker Thompson:
After submission of my recommended FY 2012 Executive Budget on
January 12, 2011, there have been a few areas that require
adjustments and, therefore, I would like to provide you with several recommended revisions to the TITLE II -- APPROPRIATIONS:
Section 1. Appropriations from general revenue.
Judicial
Supreme Court, Fund 0180, Fiscal Year 2012, Org 2400
(To adjust the appropriations to the January 21, 2011
actuarial estimation for JRS.)
Decrease "Judges' Retirement System," Activity 110 by
$160,000.
Increase "Retirement Systems - Unfunded Liability,"
Activity 775 by $160,000.
Executive
Auditor's Office - General Administration, Fund 0116, Fiscal Year
2012, Org 1200
(To add reappropriation language for funding related to the
Volunteer Fire Department's Worker's Compensation subsidy
program supplemental funding from FY 2011.)
Add reappropriation language for Unclassified - Surplus,
Activity 097.
Department of Commerce
West Virginia Development Office, Fund 0256, Fiscal Year 2012, Org
0307
(To provide onetime funding for infrastructure projects.)
Add "Infrastructure Projects," Activity 079 for $785,186.
Division of Miners' Health, Safety and Training, Fund 0277, Fiscal Year 2012, Org 0314
(To provide additional funding for salary increases for Mine
Inspectors.)
Increase "Personal Service," Activity 001 by $580,000.
Increase "Employee Benefits," Activity 010 by $170,000.
Department of Education
State Department of Education, Fund 0313, Fiscal Year 2012, Org
0402
(To add new line items of appropriation for programs that were
originally recommended in the State Aid Formula, Fund 0317.)
Add "Math and Science Teacher Loan Assistance Program,"
Activity NEW for $490,800.
Add "Local Solutions Dropout Prevention and Recovery,"
Activity NEW for $2,230,000.
Insert the following language:
"The above appropriation for Math and Science Teacher Loan
Assistance Program shall be transferred to the Math and
Science Teacher Loan Assistance Fund."
"The above appropriation for Local Solutions Dropout
Prevention and Recovery shall be transferred to the Local
Solutions Dropout Prevention and Recovery Fund."
State Department of Education - State Aid to Schools, Fund 0317,
Fiscal Year 2012, Org 0402
(To adjust the State Aid Formula related to the movement of funding for the Math and Science Teacher Loan Program and
Dropout Prevention and Recovery program funding to fund 0313
and Salary Equity allocation.)
Increase "Other Current Expenses," Activity 022 by $2,804.
Decrease "Professional Educators," Activity 151 by
$4,238,389.
Increase "Service Personnel," Activity 152 by $4,260,818.
Increase "Fixed Charges," Activity 153 by $1,974.
(To adjust Local Share to estimated need based on February 17,
2011 calculations.)
Increase "Less Local Share," line by $14,455,760 from
($367,378,063) to ($381,833,823).
(To adjust the appropriation to the January 21, 2011 actuarial
estimation for TRS and adjustments to the state aid formula.)
Decrease "Teachers' Retirement System," Activity 019 by
$2,311,225.
Increase "Retirement Systems - Unfunded Liability,"
Activity 775 by $3,487,350.
Department of Education and the Arts
Department of Education and the Arts - Office of the Secretary,
Fund 0294, Fiscal Year 2012, Org 0431
(To adjust recommendation to the Governor's Honor Academy and
Center for Professional Development.)
Decrease "Center for Professional Development," Activity 115 for $100,000.
Increase "Governor's Honor Academy," Activity 478 for
$100,000.
Department of Health and Human Resources
Division of Human Services, Fund 0403, Fiscal Year 2012, Org 0511
(To add funding for Home Care reimbursement rates.)
Increase "Title XIX Waiver for Seniors," Activity 533 by
$2,087,500.
(To add new funding for Traumatic Brain Injury waiver.)
Add "Traumatic Brain Injury Waiver," Activity NEW by
$800,000.
Department of Military Affairs and Public Safety
Adjutant General - State Militia, Fund 0433, Fiscal Year 2012, Org
0603
(To provide onetime funding.)
Increase "Unclassified," Activity 099 by $3,000,000.
West Virginia State Police, Fund 0453, Fiscal Year 2012, Org 0612
(To adjust the appropriation to the January 21, 2011 actuarial
estimation for Plan A Retirement.)
Decrease "Retirement Systems - Unfunded Liability,"
Activity 775 by $649,000.
Division of Justice and Community Services, Fund 0546, Fiscal Year
2012, Org 0620
(To add funding for Meth lab clean up.)
Add "Meth Lab Clean Up," Activity NEW, for $500,000.
Higher Education
West Virginia Council for Community and Technical College Education
- Control Account, Fund 0596, Fiscal Year 2012, Org 0420
(To add onetime funding for various Community and Technical
College projects.)
Add "Unclassified," Activity 099 for $2,000,000.
Higher Education Policy Commission - System - Control Account, Fund
0586, Fiscal Year 2012, Org 0442
(To add onetime funding for various higher education
projects.)
Add "Unclassified," Activity 099 for $2,000,000.
Section 3. Appropriations from other funds.
Department of Administration
Department of Administration - Office of the Secretary Employee
Pension and Health Care Benefit Fund, Fund 2044, Fiscal Year
2012, Org 0201
(To adjust the spending authority due to a January 2011
actuarial estimation for TRS.)
Decrease "Unclassified - Total," Activity 096 by
$1,184,000.
Department of Health and Human Resources
West Virginia Health Care Authority - West Virginia Health
Information Network Account, Fund 5380, Fiscal Year 2012, Org 0507
(To increase the spending authority to provide state matching
dollars and proof of sustainability for the program.)
Increase "Unclassified," Activity 099 by $500,000.
West Virginia Health Care Authority - Revolving Loan Fund, Fund
5382, Fiscal Year 2012, Org 0507
(To add language allowing a transfer of cash to match the
federal grant to the West Virginia Health Information Network
for the start-up costs of the statewide Health Information
Exchange.)
"The Health Care Authority is authorized to transfer up to
$4,000,000 from this fund to the West Virginia Health
Information Account (fund 5380) as authorized by W. Va. Code
§16-29G-4."
Department of Military Affairs and Public Safety
West Virginia State Police - Surplus Transfer Account, Fund 6519,
Fiscal Year 2012, Org 0612
(To add reappropriation language for the Unclassified
appropriation.)
"Any unexpended balance remaining in the appropriation for
Unclassified (fund 6519, activity 099) at the close of fiscal
year 2011 is hereby reappropriated for expenditure during the
fiscal year 2012."
Department of Revenue
Lottery Commission - Revenue Center Construction Fund, Fund 7209,
Fiscal Year 2012, Org 0705
(To adjust the spending authority for renovations.)
Increase "Unclassified - Total," Activity 096 by
$9,645,343.
Miscellaneous Boards and Commissions
WV Board of Examiners for Registered Professional Nurses, Fund
8520, Fiscal Year 2012, Org 0907
(To increase spending authority for a new position, Nurse
Investigator, with the board.)
Increase "Unclassified - Total," Activity 096 by $90,000.
Section 5. Appropriations from state
excess lottery revenue fund.
Please replace the second paragraph of section 5 with the following
to reflect the priority order of appropriations in the excess
lottery:
"After first funding the appropriations required by W. Va.
Code §29-22-18a, the director of the lottery shall provide
funding from the state excess lottery revenue fund for the
remaining appropriations in this section to the extent that
funds are available. In the event that revenues to the state
excess lottery revenue fund are not sufficient to meet all the
appropriations made pursuant to this section, then the
director of the lottery shall first provide the necessary funds to meet the appropriation for Fund 7208, activity 482 of
this section; next, to provide the funds necessary for Fund
3517, activity 775 of this section; next, to provide the funds
necessary for Fund 7208, activity 095 of this section.
Allocation of the funds for each appropriation shall be
allocated in succession before any funds are provided for the
next subsequent appropriation."
Lottery Commission - Excess Lottery Revenue Fund Surplus, Fund
7208, Fiscal Year 2012, Org 0705
(To adjust the appropriation due to a January 2011 actuarial
estimation for TRS.)
Decrease "Teachers' Retirement Savings Realized," Activity
095 by $1,184,000.
State Department of Education, Fund 3517, Fiscal Year 2012, Org
0402
(To adjust the appropriation to the required funding per the
January 21, 2011 actuarial estimation for TRS and add funding
above that required for TRS.)
Increase "Retirement Systems - Unfunded Liability,"
Activity 775 by $1,184,000.
Section 6. Appropriations of federal funds.
Department of Education and the Arts
Department of Education and the Arts - Office of the Secretary,
Fund 8841, Fiscal Year 2012, Org 0431
(To reflect an increase in spending authority for a grant from
the U. S. Department of Health and Human Services to support
early childhood development.)
Increase "Federal Economic Stimulus," Activity 891 by
$350,000.
Section 8. Awards for claims against the state.
Please amend the language to read as follows:
"There are hereby appropriated for fiscal year 2012, from the
funds as designated, in the amounts as specified, general
revenue funds in the amount of $5,957,942, special revenue
funds in the amount of $97,929, and state road funds in the
amount of $2,389,260 for payment of claims against the state."
Thank you for your time and consideration in this matter.
Your cooperation is always appreciated. Should you have any
questions or require additional information, please call me at any
time.
Sincerely,
Earl Ray Tomblin,
Governor.
Which communication was received and referred to the Committee
on Finance.
The Clerk then presented communications from His Excellency,
the Governor, advising that on March 2, 2011, he had approved
Enr.
Senate Bill No. 205, Enr. Senate Bill No. 215, Enr. Senate Bill No. 254, Enr. House Bill No. 2475 and
Enr. Committee Substitute for
House Bill No. 2696; and on March 3, 2011, he had approved
Enr.
Committee Substitute for Senate Bill No. 382, Enr. Committee
Substitute for House Bill No. 2882 and
Enr. Committee Substitute
for House Bill No. 2962.
The Senate proceeded to the fourth order of business.
Senator Miller, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 3rd day of March, 2011, presented to His
Excellency, the Governor, for his action, the following bill,
signed by the Acting President of the Senate and the Speaker of the
House of Delegates:
(S. B. No. 507), Continuing Broadband Deployment Council.
(Com. Sub. for H. B. No. 2613), Authorizing the Department of
Military Affairs and Public Safety to promulgate legislative rules.
Respectfully submitted,
Ronald F. Miller,
Chair, Senate Committee.
Meshea L. Poore,
Chair, House Committee.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 617 (originating in the Committee on Finance)-
-A Bill
making a supplementary appropriation of federal funds from
the balance of moneys remaining unappropriated for the fiscal year
ending June 30, 2011, to the Department of Education and the Arts -
Department of Education and the Arts - Office of the Secretary,
fund 8841, fiscal year 2011, organization 0431, and to the
Department of Health and Human Resources - Division of Health -
West Virginia Safe Drinking Water Treatment, fund 8824, fiscal year
2011, organization 0506, by supplementing and amending the
appropriations for the fiscal year ending June 30, 2011.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 618 (originating in the Committee on Finance)-
-A Bill
supplementing, amending, decreasing and increasing items of
the existing appropriations from the State Road Fund to the
Department of Transportation - Division of Highways, fund 9017,
fiscal year 2011, organization 0803, and to the Department of
Transportation - Office of Administrative Hearings, fund 9027, fiscal year 2011, organization 0808, for the fiscal year ending
June 30, 2011.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 619 (originating in the Committee on Finance)-
-A Bill
making a supplementary appropriation from the balance of
moneys remaining unappropriated for the fiscal year ending June 30,
2011, to the Department of Military Affairs and Public Safety -
West Virginia Division of Corrections - Parolee Supervision Fees,
fund 6362, fiscal year 2011, organization 0608, to the Department
of Military Affairs and Public Safety - West Virginia State Police
- Motor Vehicle Inspection Fund, fund 6501, fiscal year 2011,
organization 0612, to the Department of Revenue - Office of the
Secretary - State Debt Reduction Fund, fund 7007, fiscal year 2011,
organization 0701, and to the Department of Transportation - Public
Port Authority - Special Railroad and Intermodal Enhancement Fund,
fund 8254, fiscal year 2011, organization 0806, all supplementing
and amending the appropriation for the fiscal year ending June 30, 2011.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Stollings, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. Com. Sub. for House Bill No. 2479, Relating to dental
anesthesia.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Ron Stollings,
Chair.
At the request of Senator Palumbo, as chair of the Committee
on the Judiciary, unanimous consent was granted to dispense with
the second committee reference of the bill contained in the
foregoing report from the Committee on Health and Human Resources.
At the request of Senator Stollings, and by unanimous consent, the bill was taken up for immediate consideration, read a first
time and ordered to second reading.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2520, Relating to centers
for housing young adult offenders.
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,
Corey Palumbo,
Chair.
At the request of Senator Prezioso, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on the Judiciary.
Senator Stollings, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. Com. Sub. for House Bill No. 2522, Relating to nursing
home administrative appeals.
Eng. Com. Sub. for House Bill No. 2525, Relating to the practice of social work.
Eng. Com. Sub. for House Bill No. 2860, Authorizing the
promulgation of rules by the Governor's Committee on Crime,
Delinquency and Correction.
Eng. Com. Sub. for House Bill No. 2885, Allowing a guardian or
conservator to be employed or in an employment contract with a
behavioral health provider.
And,
Eng. House Bill No. 3114, Allowing the development and
operation of a nursing home on the grounds of a critical access
hospital meeting certain restrictions.
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 the Judiciary.
Respectfully submitted,
Ron Stollings,
Chair.
At the request of Senator Palumbo, as chair of the Committee
on the Judiciary, unanimous consent was granted to dispense with
the second committee reference of Engrossed Committee Substitute
for House Bill No. 2522, Engrossed Committee Substitute for House
Bill No. 2525 and Engrossed House Bill No. 3114 contained in the
foregoing report from the Committee on Health and Human Resources.
At the request of Senator Stollings, and by unanimous consent, the bills (Eng. Com. Sub. for H. B. No. 2522, Eng. Com. Sub. for H.
B. No. 2525 and Eng. H. B. No. 3114) were each taken up for
immediate consideration, read a first time and ordered to second
reading.
At the further request of Senator Stollings, unanimous consent
being granted, Engrossed Committee Substitute for House Bill Nos.
2860 and 2885 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
the Judiciary.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2555, Establishing the
offense of operating a motor vehicle while sending, reading or
receiving a text message.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Eng. Com. Sub. for House Bill No. 2745, Providing that certain
information provided by insurance companies to the Insurance
Commissioner is confidential.
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 the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
At the request of Senator Minard, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2745) contained in
the preceding report from the Committee on Banking and Insurance
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 the Judiciary.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2818, Increasing the
allowable expense that may be paid for the clean-up of real
property damage by a meth lab.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Eng. Com. Sub. for House Bill No. 2876, Expanding eligibility
for subsidies to enrollees in the model health plan.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2959, Providing additional
funds to the West Virginia Racing Commission.
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,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2959) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on Finance.
Senator Stollings, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. House Bill No. 2971, Relating to the definition of the
term "durable medical equipment".
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,
Ron Stollings,
Chair.
At the request of Senator Prezioso, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing report from the Committee on Health and Human Resources.
Senator Stollings, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. Com. Sub. for House Bill No. 3021, Adding two new members
to the Comprehensive Behavioral Health Commission.
And,
Eng. Com. Sub. for House Bill No. 3028, Expanding the
responsibilities of the Maternal Mortality Review Team.
And reports the same back with the recommendations that they
each do pass; but under the original double committee references
first be referred to the Committee on Government Organization.
Respectfully submitted,
Ron Stollings,
Chair.
At the request of Senator Stollings, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. Nos. 3021 and 3028)
contained in the preceding report from the Committee on Health and
Human Resources 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 Government Organization.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 3064, Finding and declaring certain claims
against the state and its agencies to be moral obligations of the
state.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Eng. H. B. No. 3064) contained in the preceding
report from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
The Senate proceeded to the sixth order of business.
Senators Unger, Foster, Edgell, Plymale, Klempa, Stollings and
Kessler (Acting President) offered the following resolution:
Senate Resolution No. 43--Recognizing the Alpha Kappa Alpha
Sorority for its dedicated public service.
Whereas, The Alpha Kappa Alpha Sorority is the oldest Greek
-letter organization established in America by African American
college-educated women; and
Whereas, The Alpha Kappa Alpha Sorority, founded in 1908 by nine students of Howard University in Washington, D.C., has
escalated its membership to over 200,000 on the campus of over 400
institutions of higher learning in the United States, the
Caribbean, Europe, and Africa; and
Whereas, As the Alpha Kappa Alpha Sorority has grown, it has
kept in balance two very important themes: the importance of the
individual and strength of an organization of women of courage and
ability; and
Whereas, Since its founding over a century ago, the Alpha
Kappa Alpha Sorority's mission has been to cultivate and encourage
high scholastic and ethical standards, to promote unity and
friendship among college women, to study and help alleviate
problems concerning girls and women in order to improve their
social stature, to maintain a progressive interest in college life
and to be of service to all mankind; and
Whereas, The 2010-2014 Administration of the Alpha Kappa Alpha
Sorority has built meaningful relationships with the American
Diabetes Association, the American Heart Association, the American
Kidney Fund, the National Institute of Health, Heifer International
and the American Cancer Society, to help achieve the national
program initiatives; and
Whereas, The Alpha Kappa Alpha Sorority's national initiatives
include emerging young leaders, encouraging healthy life-styles,
fighting global poverty, promoting economic security, emphasizing social justice and human rights and providing advanced leadership
training to all of its members; and
Whereas, The Alpha Kappa Alpha Sorority is shining example of
what can be accomplished through teamwork, dedication and spirit,
and its efforts constitute a priceless part of the global
experience in the 21st century; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the Alpha Kappa Alpha
Sorority for its dedicated public service; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Alpha Kappa Alpha Sorority.
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, at
the request of Senator Unger, unanimous consent being granted,
returned to the second order of business and the introduction of
guests.
The Senate again proceeded to the sixth order of business.
Petitions
Senator Yost presented a petition from Dave Adkins and
numerous West Virginia residents, supporting House Concurrent Resolution No. 103
(The "Lt. Ronnie D. Ferrell Memorial Bridge").
Referred to the Committee on Transportation and
Infrastructure.
Senator Barnes presented a petition from Carolyn Patterson and
numerous West Virginia residents, urging the Legislature to stop
tax funding of abortions and to opt out of insurance plans that pay
for abortions as a result of the federal health care plan.
Referred to the Committee on Health and Human Resources.
Senator Barnes presented a petition from Dennis McLaughlin and
forty-six residents of the fifteenth senatorial district, opposing
Senate Bill No. 226
(Prohibiting discrimination based on age or
sexual orientation).
Referred to the Committee on the Judiciary.
The Senate then proceeded to the seventh order of business.
Senate Concurrent Resolution No. 53, Requesting DOH name
bridge number 30-3/5-3.01, in Mingo County, "Brittany Nicole Dentro
Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
The Senate next proceeded to the ninth order of business.
Senate Bill No. 615, Increasing salaries for certain public
employees.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Prezioso, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
On pages forty-five through forty-seven, section one-c, by
striking out all of lines fourteen through sixty-five and inserting
in lieu thereof the following:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Natural Resources Police Officer In Training
(first year until end of probation)$30,995
Natural Resources Police Officer
(second year)$34,727
Natural Resources Police Officer
(third year)$35,131
Senior Natural Resources Police Officer
(fourth and fifth year)$35,461
Senior Natural Resources Police Officer First Class
(after fifth year)$37,701
Senior Natural Resources Police Officer
(after tenth year)$38,313
Senior Natural Resources Police Officer
(after fifteenth year)$38,758
Corporal
(after sixteenth year)$42,095
Sergeant$46,477
First Sergeant$48,668
Lieutenant$53,062
Captain$55,253
Major$57,444
Lieutenant Colonel$59,635
Colonel
Natural resources police officers in service at the time the
amendment to this section becomes effective shall be given credit
for prior service and shall be paid salaries as the same length of
service will entitle entitles them to receive under the provisions
of this section.;
And,
On page forty-seven, section one-c, line seventy-seven, after
the word "another" by changing the period to a colon and inserting
the following proviso: Provided, however, That any natural
resources police officer who receives an increase in compensation
pursuant to the amendment and reenactment of this section in 2011
shall not receive any across-the-board pay increase granted by the
Legislature or the Governor in 2011.
On motion of Senator K. Facemyer, the following amendments to
the bill (S. B. No. 615) were next reported by the Clerk and
considered simultaneously:
On page forty-nine, section three, line forty-one, after the
word "dollars." by striking out the words "
Provided further, That
on and after the first day of July, 2011, magistrates who serve
fewer than eight thousand four hundred in population shall be paid
annual salaries of $51,125 and magistrates who serve eight thousand
four hundred or more in population shall be paid annual salaries of
$57,500.
" and inserting in lieu thereof the following proviso:
Provided further, after a magistrate is elected in a subsequent
election, elected magistrates who serve fewer than eight thousand
four hundred in population shall be paid annual salaries of $51,125
and elected magistrates who serve eight thousand four hundred or
more in population shall be paid annual salaries of $57,500.
;
On page fifty, section ten-a, lines four through six, by
striking out the words
"Provided, however, That beginning July 1,
2011, the annual salary of a justice of the Supreme Court shall be
$136,000.
" and inserting in lieu thereof the following proviso:
Provided, however, That after a justice of the Supreme Court is
elected in a subsequent election, the annual salary of that elected
justice of the Supreme Court shall be $136,000.;
On page fifty-one, section thirteen, lines eight and nine, by
striking out the words
"Provided, however, That beginning July 1,
2011, the annual salary of a circuit court judge shall be
$126,000.
" and inserting in lieu thereof the following proviso:
Provided, however, That after a circuit court judge is elected in a subsequent election, the annual salary of that elected circuit
court judge shall be $126,000.
;
And,
On page fifty-one, section six, lines five through seven, by
striking out the words
"Provided, however, That beginning July 1,
2011, the annual salary of a family court judge shall be $94,500.
"
and inserting in lieu thereof the following proviso:
Provided,
however, That after a family court judge is elected in a subsequent
election
, the annual salary of that elected family court judge
shall be $94,500.
Following discussion,
The question being on the adoption of Senator K. Facemyer's
amendments to the bill (S. B. No. 615), the same was put and did
not prevail.
On motion of Senator K. Facemyer, the following amendments to
the bill were reported by the Clerk and considered simultaneously:
On page forty-nine, section three, line forty-one, after the
word "dollars." by striking out the following proviso:
Provided
further, That on and after the first day of July, 2011, magistrates
who serve fewer than eight thousand four hundred in population
shall be paid annual salaries of $51,125 and magistrates who serve
eight thousand four hundred or more in population shall be paid
annual salaries of $57,500.
";
On page fifty, section ten-a, line four, after "$121,000" by changing the colon to a period;
On page fifty, section ten-a, lines four through six, by
striking out the following proviso:
Provided, however, That
beginning July 1, 2011, the annual salary of a justice of the
Supreme Court shall be $136,000.
;
On page fifty-one, section thirteen, line seven, after the
word "year" by changing the colon to a period;
On page fifty-one, section thirteen, lines eight and nine, by
striking out the following proviso:
Provided, however, That
beginning July 1, 2011, the annual salary of a circuit court judge
shall be $126,000.
;
On page fifty-one, section six, line five, after "$82,500" by
changing the colon to a period;
And,
On page fifty-one, section six, lines five through seven, by
striking out the following proviso:
Provided, however, That
beginning July 1, 2011, the annual salary of a family court judge
shall be $94,500.
Following discussion,
The question being on the adoption of Senator K. Facemyer's
amendments to the bill, the same was put and did not prevail.
The bill (S. B. No. 615), as amended, was then ordered to
engrossment and third reading.
Eng. House Bill No. 2708, Removing a twelve-month limitation for certain agreements between or among law-enforcement agencies.
On second reading, coming up in regular order, was read a
second time
The following amendment to the bill, from the Committee on
Government Organization, was reported by the Clerk and adopted:
On page five, section four, line seventy three, after the word
"withdrawn" by inserting the words "in writing".
The bill, as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2879, Providing a one-time,
nonbase building, supplemental salary increase for all eligible
state employees.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Prezioso, the following amendment to the
bill was reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the provisions of Engrossed Senate Bill
No. 615.
Following discussion,
The question being on the adoption of Senator Prezioso's
amendment to the bill, the same was put and prevailed.
The bill (Eng. Com. Sub. for H. B. No. 2879), as amended, was
then ordered to third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular
order, were each read a first time and ordered to second reading:
Eng. Com. Sub. for House Bill No. 2438, Bringing older
contradicting language still remaining in the code into conformity
with §3-2-5 and reestablishing a definition for "independent
voter".
Eng. Com. Sub. for House Bill No. 2532, Zipline Responsibility
Act.
Eng. Com. Sub. for House Bill No. 2586, Authorizing the
Department of Transportation to promulgate legislative rules.
Eng. Com. Sub. for House Bill No. 2626, Authorizing the
Department of Commerce to promulgate legislative rules.
Eng. House Bill No. 2648, Increasing the faculty senate
allotment for classroom teachers and librarians.
Eng. House Bill No. 2697, Updating the recordkeeping
requirements of municipalities.
Eng. Com. Sub. for House Bill No. 2750, Adding consideration
of sexual assault in issuing an order to temporarily or permanently
end a parent-child relationship.
Eng. House Bill No. 2765, Relating to the retirement plans
administered by the West Virginia Consolidated Public Retirement
Board.
Eng. Com. Sub. for House Bill No. 2766, Relating to
contribution rate for the Deputy Sheriff Retirement System.
Eng. House Bill No. 2871, Relating to brownfield economic
development districts.
Eng. House Bill No. 2935, Repealing an outdated article of
election code relating to voting systems.
Eng. Com. Sub. for House Bill No. 2939, Clarifying the
definition of compensation for purposes of calculating required
contributions to the public employees retirement system.
Eng. House Bill No. 2989, Creating a process by which the West
Virginia Racing Commission may grant stay requests.
Eng. House Bill No. 2990, Changing the renewal of Racing
Commission-issued occupational permits.
And,
Eng. Com. Sub. for House Bill No. 3205, Reducing jail sentence
for successful completion of education and rehabilitation programs.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator K. Facemyer.
The Senate then proceeded to the thirteenth order of business.
At the request of Senator Yost, the name of Senator Yost was
removed as a sponsor of Senate Concurrent Resolution No. 50
(Calling on WV Congressional Delegation to promote and protect
Title X funding).
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Unger, the Senate adjourned until Monday, March 7, 2011, at 11 a.m.
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