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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.)

  1. Decrease "Judges' Retirement System," Activity 110 by $160,000.

  2. 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.)

  1. 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.)

  1. 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.)

  1. Increase "Personal Service," Activity 001 by $580,000.

  2. 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.)

  1. Add "Math and Science Teacher Loan Assistance Program," Activity NEW for $490,800.

  2. Add "Local Solutions Dropout Prevention and Recovery," Activity NEW for $2,230,000.

  3. 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.)

  1. Increase "Other Current Expenses," Activity 022 by $2,804.

  2. Decrease "Professional Educators," Activity 151 by $4,238,389.

  3. Increase "Service Personnel," Activity 152 by $4,260,818.

  4. Increase "Fixed Charges," Activity 153 by $1,974.

(To adjust Local Share to estimated need based on February 17, 2011 calculations.)

  1. 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.)

  1. Decrease "Teachers' Retirement System," Activity 019 by $2,311,225.

  2. 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.)

  1. Decrease "Center for Professional Development," Activity 115 for $100,000.

  2. 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.)

  1. Increase "Title XIX Waiver for Seniors," Activity 533 by $2,087,500.

(To add new funding for Traumatic Brain Injury waiver.)

  1. 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.)

  1. 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.)

  1. 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.)

  1. 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.)

  1. 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.)

  1. 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.)

  1. 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.)

  1. 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.)

  1. 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.)

  1. 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.)

  1. 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.)

  1. 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.)

  1. 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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