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sdj-52nd day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2010

FIFTY-SECOND DAY

____________

Charleston, W. Va., Friday, March 5, 2010

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

Prayer was offered by the Reverend Mark Stump, Gassaway Baptist Church, Gassaway, West Virginia.
Pending the reading of the Journal of Thursday, March 4, 2010,
On motion of Senator Yost, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
Executive Communications

Senator Tomblin (Mr. President) laid before the Senate the following communications from His Excellency, the Governor, consisting of executive nominations for appointees:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 3, 2010

Senate Executive Message No. 3
TO:The Honorable Members of the
West Virginia Senate
Ladies and Gentlemen:
I respectfully submit the following nominations for your advice and consent:
1.For Member, School of Osteopathic Medicine Board of Governors, Dr. John Manchin II, Farmington, Marion County, for the term ending June 30, 2013.
2.For Member, Jobs Investment Trust Board, James Cava, Jr., Morgantown, Monongalia County, for the term ending June 30, 2013.
3.For Member, Ethics Commission, Monte Williams, Morgantown, Monongalia County, for the term ending June 30, 2012.
4.For Member, Public Employees Insurance Agency Finance Board, William Milam, Charleston, Kanawha County, for the term ending June 30, 2012.
5.For Member, Commission on the Arts, Susan Hogan, Wheeling, Ohio County, for the term ending June 30, 2012.
6.For Member, Commission on the Arts, Cindy McGhee, Charleston, Kanawha County, for the term ending June 30, 2012.
7.For Member, Commission on the Arts, Rosa Lee Vitez-Hall, Huntington, Cabell County, for the term ending June 30, 2012.
8.For Member, Commission on the Arts, Edward George III, Wheeling, Ohio County, for the term ending June 30, 2012.
9.For Member, Northern Community College Board of Governors, Gus Monezis, Weirton, Hancock County, for the term ending June 30, 2013.
10.For Member, Bluefield State College Board of Governors, James Palmer III, Bluefield, Mercer County, for the term ending June 30, 2013.
11.For Acting Secretary, Department of Military Affairs and Public Safety, Joseph Thornton, Culloden, Putnam County, to serve at the will and pleasure of the Governor.
12.For Member, Workforce Investment Council, Shawn Daly, Hurricane, Putnam County, for the term ending June 30, 2012.
13.For Member, Board of Examiners for Registered Professional Nurses, Joyce Egnor, Summersville, Nicholas County, for the term ending June 30, 2013.
14.For Member, Board of Examiners for Registered Professional Nurses, Mary Friel Fanning, Morgantown, Monongalia County, for the term ending June 30, 2012.
15.For Member, Board of Examiners for Registered Professional Nurses, Teresa Ritchie, Big Springs, Calhoun County, for the term ending June 30, 2014.
16.For Member, Board of Examiners for Registered Professional Nurses, Pamela Cain, Charleston, Kanawha County, for the term ending June 30, 2010.
17.For Member, Fire Commission, Doug Mongold, Moorefield, Hardy County, for the term ending June 30, 2013.
18.For Member, Fire Commission, Robert Miller, Glenwood, Mason County, for the term ending June 30, 2013.
19.For Member, Blue Ridge Community and Technical College Board of Governors, Keith Unger, Berkeley Springs, Morgan County, for the term ending June 30, 2012.
20.For Member, Jobs Investment Trust Board, Robert Welty, Charleston, Kanawha County, for the term ending June 30, 2012.
21.For Member, Jobs Investment Trust Board, Todd Fry, Barboursville, Cabell County, for the term ending June 30, 2013.
22.For Member, Jobs Investment Trust Board, Edward Payne III, Beckley, Raleigh County, for the term ending June 30, 2010.
23.For Member, Board of Funeral Service Examiners, Sarah Lobban, Alderson, Greenbrier County, for the term ending June 30, 2013.
24.For Member, Workforce Investment Council, Philip Pfister, Charleston, Kanawha County, for the term ending June 30, 2011.
25.For Member, Women's Commission, Kameron Miller, Huntington, Cabell County, for the term ending June 30, 2010.
26.For Member, Eastern West Virginia Community and Technical College Board of Governors, Richard Gillespie, Franklin, Pendleton County, for the term ending June 30, 2012.
27.For Member, Board of the College Prepaid Tuition and Savings Program, Martin Gargano, Charleston, Kanawha County, for the term ending June 30, 2014.
28.For Member, Board of the College Prepaid Tuition and Savings Program, Donna Kuhn, Petersburg, Grant County, for the term ending June 30, 2012.
29.For Member, Lottery Commission, Michael Adams, Weirton, Hancock County, for the term ending June 30, 2012.
30.For Member, Lottery Commission, William Clayton, South Charleston, Kanawha County, for the term ending June 30, 2010.
31.For Member, Lottery Commission, Kenneth Greear, Charleston, Kanawha County, for the term ending June 30, 2013.
32.For Member, Lottery Commission, David McCormick, Jr., Morgantown, Monongalia County, for the term ending June 30, 2012.
33.For Member, Lottery Commission, David Lemmon, Nitro, Kanawha County, for the term ending June 30, 2011.
Notice of these appointments was previously provided to the appropriate legislative staff at the time the appointments were made.
Sincerely,
Joe Manchin III,
Governor.
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 3, 2010

Senate Executive Message No. 4
TO:The Honorable Members of the
West Virginia Senate
Ladies and Gentlemen:
I respectfully submit the following nominations for your advice and consent:
1.For Member, Fairmont State University Board of Governors, Jack Robert White, Fairmont, Marion County, for the term ending June 30, 2013.
2.For Member, Fairmont State University Board of Governors, Bryan Towns, Fairmont, Marion County, for the term ending June 30, 2013.
Notice of these appointments was previously provided to the appropriate legislative staff at the time the appointments were made.
Sincerely,
Joe Manchin III,
Governor.
Which, communications were received and referred to the Committee on Confirmations.
On motion of Senator Stollings, consideration of the nominations immediately hereinbefore reported were made a special order of business for Saturday, March 13, 2010, at 11 a.m.
The Senate proceeded to the fourth order of business.
Senator Palumbo, 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 4th day of March, 2010, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
(H. B. No. 4037), Relating generally to federal subsidy bonds and bond financing.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Prezioso, 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. 2485, Allowing pharmacy interns to vend pseudoephedrine and other chemical precursors of methamphetamine.
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,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 2542, "Jason Flatt Act of 2010".
And,
Eng. Com. Sub. for House Bill No. 4324, Extending the expiration date of employment of retired teachers beyond the post-retirement employment limit
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,
Robert H. Plymale,
Chair.
The bills, under the original double committee references, were then referred to the Committee on Finance.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Eng. House Bill No. 2561, Providing that an applicant for a farm use exemption certificate may not be required to appear before any assessor for renewal.
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,
John R. Unger II,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with amendments from the Committee on Transportation and Infrastructure pending.
Senator Kessler, 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. 3301, Amending the Division of Labor rule verifying employees legal employment status.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 3301) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator McCabe, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4035, Relating to electronic filing of tax returns and electronic funds transfers in payment of taxes.
Eng. Com. Sub. for House Bill No. 4187, Continuing the current hazardous waste management fee until 2015.
And,
Eng. House Bill No. 4312, Relating to the Tax Procedure and Administration Act.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Brooks F. McCabe, Jr.,
Vice Chair.
Senator Kessler, 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. 4133, Clarifying the requirements to practice marriage and family therapy.
With amendments from the Committee on Government Organization pending;
And has also amended same.
And reports the same back with the recommendation that it do pass as last amended by the Committee on the Judiciary.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4133) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 4171, Relating to criminogenic risk and needs assessments.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. H. B. No. 4171) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Prezioso, 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. 4176, Relating to credentialing of health care practitioners.
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 Banking and Insurance.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Banking and Insurance, with an amendment from the Committee on Health and Human Resources pending.
Senator Prezioso, 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. 4186, Relating to the practice of nursing home administration.
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,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Government Organization.
Senator Kessler, 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. 4291, Eliminating duplicitous criminal background investigations with both the West Virginia State Police and the Federal Bureau of Investigation.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4291) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator McCabe, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4299, Providing that nonstate retired employees who have worked for their last nonstate employer for less than five years are responsible for their entire premium cost.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 4335, Relating to the business registration tax.
And has amended same.
And reports the same back with the recommendation that they each do pass, as amended.
Respectfully submitted,
Brooks F. McCabe, Jr.,
Vice Chair.
Senator Kessler, 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. 4352, Authorizing the West Virginia Supreme Court of Appeals to create a Business Court Division within certain circuit court districts.
And had amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4352) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 4361, Removing provisions prohibiting sharing domestic violence information with other governments.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. H. B. No. 4361) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Green, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Eng. Com. Sub. for House Bill No. 4457, Relating to the access to and protection of cemeteries.
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,
Mike Green,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with amendments from the Committee on Energy, Industry and Mining pending.
Senator Kessler, 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. 4459, Increasing the time in which a dependent may apply for Workers Compensation death benefits where occupational pneumoconiosis is determined to be a cause of death.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4459) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Eng. House Bill No. 4593, Relating to high school graduation improvement.
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 Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Education pending.
The Senate proceeded to the sixth order of business.
Senator Chafin offered the following resolution:
Senate Concurrent Resolution No. 49--Requesting the Division of Highways name bridge number 28-52-3.55, located in Mercer County, the "Isabella Freeman Memorial Bridge".
Whereas, Isabella Freeman was born July 11, 1830, in England; and
Whereas, Isabella Freeman came to Mercer County with her husband John, who was the owner of Caswell Creek Coal & Coal Company, a forerunner of Pocahontas Fuel Corporation; and
Whereas, Isabella and John Freeman built a home on the property located at the end of the existing Route 52 bridge, where they lived for many years and are buried in the cemetery within site of the bridge; and
Whereas, It is fitting, to honor the memory of Isabella Freeman, who represents the strong women of the pioneer coal mining days who helped husbands achieve success for themselves and the great Pocahontas coalfield, by naming bridge number 28-52-3.55, located in Mercer County, the "Isabella Freeman Memorial Bridge"; therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways name bridge number 28-52-3.55, located in Mercer County, the "Isabella Freeman Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Isabella Freeman Memorial Bridge"; 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 Isabella Freeman.
Which, under the rules, lies over one day.
Senators Chafin and Plymale offered the following resolution:
Senate Concurrent Resolution No. 50--Requesting the Division of Highways name bridge number 50-52-15.93, located in Wayne County, the "Corporal Samuel R. Drown Memorial Bridge".
Whereas, Corporal Samuel R. Drown was from Prichard, Wayne County, West Virginia; and
Whereas, Corporal Samuel R. Drown joined the United States Marines in April of 1964; and
Whereas, Corporal Samuel R. Drown was called to duty in the Republic of South Vietnam; and
Whereas, Corporal Samuel R. Drown was a team leader in the weapons platoon of Company "I", and his aggressive spirit leadership and singular determination to do every job well were qualities that were respected by all of his fellow Marines; and
Whereas, Sadly, Corporal Samuel R. Drown was mortally wounded while engaged in an intensive fire fight on March 6, 1967; and
Whereas, Corporal Samuel R. Drown was awarded the Purple Heart for his heroism in action, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign ribbon bar and two Gold Star lapel buttons; and
Whereas, Corporal Samuel R. Drown left behind a host of family and friends who have missed him dearly everyday for the last 43 years since his death; and
Whereas, It is fitting, to honor the memory of Corporal Samuel R. Drown, who made the ultimate sacrifice for his country and state, by naming bridge number 50-52-15.93, located in Wayne County, the "Corporal Samuel R. Drown Memorial Bridge"; therefore, be it
Resolved by the Legislature:
That the Legislature hereby requests the Division of Highways name bridge number 50-52-15.93, located in Wayne County, the "Corporal Samuel R. Drown Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Corporal Samuel R. Drown Memorial Bridge"; 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 Corporal Samuel R. Drown.
Which, under the rules, lies over one day.
Senators Foster, Unger, Stollings, Laird, Jenkins, Snyder, Oliverio, Williams, Yost, Kessler, McCabe and Plymale offered the following resolution:
Senate Resolution No. 48--Designating the month of March 2010, as "American Red Cross".
Whereas, The American Red Cross was founded in 1881 and chartered by Congress in 1905; and
Whereas, The American Red Cross is recognized as a humanitarian organization which provides compassionate care in times of war and disaster; and
Whereas, The American Red Cross depends on the support of the American people to sustain the Red Cross mission; and
Whereas, In 2009, more than a thousand Red Cross volunteers from West Virginia responded to more than 870 disasters statewide, including devastating flooding in Mingo, Logan and Raleigh Counties, assisted 2,100 military families through a wide variety of support programs, and trained more than 70 thousand people in lifesaving courses such as CPR, First Aid and Water Safety; and
Whereas, The American Red Cross collects more than 67,000 pints of life-giving blood from generous West Virginia donors; and
Whereas, The American Red Cross could not provide its vital services without contributions from the American people; therefore, be it
Resolved by the Senate:
That the Senate hereby designates the month of March 2010, as "Red Cross Month"; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of the American Red Cross.
At the request of Senator Stollings, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and, at the request of Senator Chafin, unanimous consent being granted, returned to the fourth order of business.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Concurrent Resolution No. 51 (originating in the Committee on the Judiciary)--Requesting the Joint Committee on Government and Finance to study the 1987 law establishing the West Virginia Occupational, Safety and Health Act for public employees and to specify recommendations necessary to properly implement the law in accordance with federal guidelines in order to receive federal matching funds.
Whereas, The Legislature created Article Three-A of Chapter Twenty-one of the West Virginia Code in an attempt to create the West Virginia Occupational Safety and Health Act in compliance with federal guidelines; and
Whereas, According to a 2002 Legislative Audit, this the West Virginia Occupational Safety and Health Act has never been properly implemented or enforced; and
Whereas, Proper implementation and enforcement of the West Virginia Occupational Safety and Health Act would provide federal matching funds for state implementation and enforcement of Occupational Safety and Health Act standards for public employees; and
Whereas, It is a priority of the Legislature to ensure that all employees of the state have a safe workplace to carry out their daily duties and implementation and enforcement of the West Virginia Occupational Safety and Health Act would further that priority; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the current implementation of the West Virginia Occupational Safety and Health Act for the purpose of determining what changes to the law must be made in order to make state law eligible for federal matching funds from the proper implementation and enforcement of the West Virginia Occupational Safety and Health Act standards for public employees; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature in 2011 on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That 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; but with the further recommendation that it first be referred to the Committee on Rules.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
On motion of Senator Kessler, the resolution (S. C. R. No. 51) contained in the foregoing report from the Committee on the Judiciary was then referred to the Committee on Rules.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Concurrent Resolution No. 52 (originating in the Committee on the Judiciary)--Requesting the Joint Committee on the Judiciary to study the need to designate the State Police Crimes Against Children unit as the entity charged with issuing administrative subpoenas for child pornography investigations in order to connect an IP address to a physical location which can be further investigated in order to obtain a search warrant or an arrest warrant.
Whereas, Viewing child pornography and soliciting minors via the internet is a growing problem in West Virginia; and
Whereas, The State Police Crimes Against Children unit monitors the internet usage in West Virginia in an attempt to protect children from harm; and
Whereas, Monitoring internet usage allows the State Police to recover certain IP addresses of computers that are viewing or transmitting child pornography or involved in the solicitation of minors; and
Whereas, The State Police do not have the ability to connect an IP address to a physical location without assistance from an Internet Service Provider; and
Whereas, The current process requires the State Police to obtain a subpoena from a court before the Internet Service Provider will provide the physical location to the State Police or utilize federal statutes; and
Whereas, The additional time required to obtain the subpoena from a court may cause a delay during the time, namely the first hour, when most abducted children are killed by their abductor; and
Whereas, The Internet Service Providers are already cooperating with federal law enforcement through similar subpoenas; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on the Judiciary is hereby requested to study the process currently used to investigate child pornography and other child-related internet crimes, as well as how the additional tool of an administrative subpoena by the State Police will effect that process; and, be it
Further Resolved, That the Joint Committee on the Judiciary report to the regular session of the Legislature in 2011 on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That 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 the Judiciary.
And reports the same back with the recommendation that it be adopted; but with the further recommendation that it first be referred to the Committee on Rules.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
On motion of Senator Kessler, the resolution (S. C. R. No. 52) contained in the foregoing report from the Committee on the Judiciary was then referred to the Committee on Rules.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Concurrent Resolution No. 53 (originating in the Committee on the Judiciary)--Requesting the Joint Committee on Government and Finance to study the practical application of West Virginia Code §5F-2-7 to determine how the section of the code is being used by state departments, when employees are involuntarily transferred, and what, if anything, should be done to ensure that involuntary transfer only occurs when the person transferred is from "a position that is to be consolidated or eliminated" as required by §5F-2-7.
Whereas, State law provides for the involuntary transfer of state employees only when a position is to be consolidated or eliminated; and
Whereas, State law provides that the transferred employee receive the same level of benefits and rate of compensation or higher; and
Whereas, State law requires the option to transfer be offered to each employee starting with the most senior employee and then down through the least senior employee and until the requisite number of employees to be transferred agree to take the voluntary transfer; and
Whereas, State law requires that if there are not enough employees voluntarily transferred, then an involuntary transfer may be ordered beginning with the least senior permanent employee who qualifies for the position; and
Whereas, State law contains certain requirements that limit the use of the involuntary transfer mechanism; and
Whereas, The West Virginia Public Workers Union has expressed concern over the use of the involuntary transfer mechanism as a form of punishment or retaliation; therefore be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the instances of involuntary transfers of state employees from one department to another under the authority granted to the transferring department by West Virginia Code §5F-2- 7; and, be it
Further Resolved, That an assessment be made as to the efficacy of West Virginia Code §5F-2-7 with a particular emphasis on the use of involuntary transfers under circumstances not contemplated by the plain language of the statute; and, be it
Further Resolved, That if the Joint Committee on Government and Finance concludes that involuntary transfers are being used in a way contrary to the language of the statute, then the Joint Committee on Government and Finance shall prepare recommendations to clarify the statute or repeal the statute in order to best meet the goals of the original intent of the statute; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature in 2011 on its findings, conclusions and recommendations, together with any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That 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; but with the further recommendation that it first be referred to the Committee on Rules.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
On motion of Senator Kessler, the resolution (S. C. R. No. 53) contained in the foregoing report from the Committee on the Judiciary was then referred to the Committee on Rules.
Senator Prezioso, 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
Senate Concurrent Resolution No. 54 (originating in the Committee on Health and Human Resources)--Requesting the Joint Committee on Government and Finance to study the establishment of a commission to make recommendations to the Legislature on the scope of practice of health care professions.
Whereas, Scope of practice issues for health care delivery is a complex and often contentious process; and,
Whereas, Factors such as fluctuations in the health care workforce and specific health specialities, geographic and economic disparities in access to health care services, economic incentives for health care professionals and consumer demand influence the decision making regarding the scope of practice across all health care disciplines; and,
Whereas, Health care is an evolving, dynamic industry and changes in the scope of practice are inherent in the health care system; and,
Whereas, The regulation of health care professions is designed to protect the public and enhance consumer access to competent health care; and,
Whereas, Changes to the scope of practice should recognize the established history of the practice scope within the profession, a recognition of the education and training received by a particular health care discipline, evidence supporting the need for a change to the scope of practice and the appropriate regulatory environment; and,
Whereas, It is necessary to seek advice from within the health care industry when making informed decisions regarding the scope of practice of health care professions due to the complexities in examining scope of practice issues; and,
Whereas, The Legislature needs solid expert guidance on issues such as education levels, skills training, adequate evidence supporting a modification and sufficient regulation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the establishment of a commission to make recommendations to the Legislature on the scope of practice of health care professions; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2011, on its findings, conclusions and recommendations, together with drafts of any legislation necessary 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; but with the further recommendation that it first be referred to the Committee on Rules.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
On motion of Senator Stollings, the resolution (S. C. R. No. 54) contained in the foregoing report from the Committee on Health and Human Resources was then referred to the Committee on Rules.
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 Resolution No. 49 (originating in the Committee on Economic Development)--Supporting the efforts of the Governor in developing the South Charleston Technology Park as a viable research based economic development incubator.
Whereas, For more than 50 years, the Union Carbide Tech Center, now called the South Charleston Technology Park, was arguably the top research center in the chemical industry, issuing thousands of patents which resulted in globally distributed products worth billions of dollars; and
Whereas, The UC Tech Center once employed more than 2,600, including many scientists and engineers with advanced degrees as well as a large support staff of highly skilled technicians and operators, with a mid-1990's average pay of more than $75,000 which was significantly higher than average in the state and contributed greatly to the region's economy; and
Whereas, West Virginia is in need to both diversify its economy and expand on its leadership position in energy, chemicals and related technologies; and
Whereas, In his recent State of the Union address, President Obama pledged his support for "continued investments in clean coal technologies," announcing the creation of a special task force to explore carbon capture and storage just last week when Governor Manchin, and other governors from other major coal producing states met with the President; and
Whereas, The South Charleston Technology Park has more than $200 million in existing infrastructure to rapidly move scientific discovery into the marketplace to solve environmental issues, increase our technical leadership in clean coal, natural gas and renewable energy, and create new manufacturing jobs; and
Whereas, The South Charleston Technology Park can be an economic engine for the local economy much like the Research Triangle Park in North Carolina, which has created more than 43,000 high-quality jobs and attracted over 150 new companies to their region; therefore, be it
Resolved by the Senate:
That the Senate hereby supports the efforts of the Governor to develop the South Charleston Technology Park as a viable research based economic development incubator and encourages all political subdivisions contained in Kanawha County to support the same; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of the political subdivisions contained in Kanawha County.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Richard Browning,
Chair.
The Senate proceeded to the seventh order of business.
House Concurrent Resolution No. 8, The "Lance Corporal Larry Steven Heater Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 12, The "Private Archie A. 'Whack' Jordan Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 15, The "John Joseph Walkup, Jr., Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 18, The "Sgt. Richard W. Griffith Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 28, The "Trooper First Class James Thomas Brammer Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 30, The "Chief Warrant Officer John Michael Hohman Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 35, The "Dr. Mabel Nichols Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 37, The "CMS Marshall Irvin Pauley Memorial Bridge, Killed in Action, Vietnam 1966".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 39, The "Corporal Menifee Carter Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 40, The "Ernie Wallace Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 41, The "Charley Meddings Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 42, The "Lance Corporal Samuel R. Drown Memorial Bridge, Killed in Action, Vietnam 1967".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 45, The "Robert L. McAtee, Sr. Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 47, The "Childhood Cancer Survivor and Memorial Highway".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 53, The "Fletcher Brothers Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 54, The "William H. Sanders II Memorial Highway".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 56, Erection of signs near Mahan and Oak Hill, in Fayette County, indicating the crossing of the 38th Parallel North in honor of the Veterans of the Korean War.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
The Senate proceeded to the eighth order of business.
Eng. House Bill No. 4026, Relating to higher education capital facilities generally.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
The Senate proceeded to the ninth order of business.
Eng. Com. Sub. for House Bill No. 4374, Caregivers Consent Act.
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. 4407, Updating the law regarding the rabies vaccinations of dogs and cats.
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. 4652, Establishing a school calendar committee for each county.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
The Senate proceeded to the eleventh order of business and the introduction of guests.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until Monday, March 8, 2010, at 11 a.m.
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