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Senate Journal


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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2012

FIFTY-SECOND DAY

____________

Charleston, W. Va., Friday, March 2, 2012

    The Senate met at 11 a.m.

(Senator Kessler, Mr. President, in the Chair.)

    Prayer was offered by the Reverend David Moutz, Oakwood Baptist Church, Charleston, West Virginia.

    Pending the reading of the Journal of Thursday, March 1, 2012,

    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 then proceeded to the third order of business.

    A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of

    Senate Concurrent Resolution No. 30, Requesting DOH name portion of Rt. 85 in Boone County "BM2 Michael V. Dunlap and PFC Darrell E. Dunlap Memorial Highway.

    A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of

    Senate Concurrent Resolution No. 36, Requesting DOH name bridge in McDowell County "Corporal John A. Gero Memorial Bridge”.

    A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of

    House Concurrent Resolution No. 88--Requesting the Division of Highways to name the Merritt Creek Bridge on WV Route 10 in Cabell County, bridge number 06-10-4.99, the “1st Lt. Therrel Shane Childers Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of

    House Concurrent Resolution No. 89--Requesting the Division of Highways to name the 4-H Camp Bridge on County Road 42 at Barboursville, Cabell County, bridge number 06-42-9.34, the “PFC Rodney Kent Ranson Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of

    House Concurrent Resolution No. 94--Requesting the Division of Highways to name a section of Rt. 104 in Princeton, West Virginia, beginning at the intersection with Rt. 20, known as the Princeton-Athens Crossroads, and extending west on Rt. 104 along Roger Street, Brick Street and Stafford Drive to the intersection with Rt. 19 at the corner of Stafford Drive and Courthouse Road, the "Hunnicutt Family Highway”.

    Referred to the Committee on Transportation and Infrastructure.

Executive Communications

    The Clerk then presented communications from His Excellency, the Governor, advising that on March 1, 2012, he had approved Enr. Senate Bill No. 30, Enr. House Bill No. 4087 and Enr. House Bill No. 4415.

    The Senate proceeded to the fourth order of business.

    Senator Plymale, from the Committee on Education, submitted the following report, which was received:

    Your Committee on Education has had under consideration

    Senate Concurrent Resolution No. 57 (originating in the Committee on Education)--Requesting the Joint Committee on Government and Finance conduct a study on the efficacy of the state’s cooperative purchasing process, including comparison to other state processes, and determine whether or not it would be beneficial to increase flexibility within the process.

    Whereas, The Education Efficiency Audit of West Virginia’s Primary and Secondary Education System recognizes unique aspects that make purchases by the West Virginia Department of Education (WVDE) a hindrance; and

    Whereas, The same audit declares that the State procurement system provides neither adequate nor timely procurement services for certain operations; and 

    Whereas, West Virginia Code §5A-3-19 authorizes the Director of the Department of Administration, Division of Purchasing, to allow agencies to participate in consortium for the purchases of commodities or services with other public bodies if available and financially advantageous; and

    Whereas, Despite the authority to do so, the Department of Administration has determined that WVDE cannot use educational consortiums products and services without going through a Request for Proposal (RFP) or bid process, thereby creating a process that can take several months; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Joint Committee on Government and Finance to conduct a study on the efficacy of the state’s cooperative purchasing process, including comparison to other state processes, and determine whether or not it would be beneficial to increase flexibility within the process; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, 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,

                               Robert H. Plymale,

                                 Chair.

    On motion of Senator Plymale, the resolution (S. C. R. No. 57) contained in the foregoing report from the Committee on Education was referred to the Committee on Rules.

    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

    Senate Concurrent Resolution No. 58 (originating in the Committee on Health and Human Resources)--Requesting the Joint Committee on Government and Finance authorize a study of the practice of psychology in the State of West Virginia.

    Whereas, West Virginia is experiencing a critical shortage of psychologists trained at the national standard required under Medicare, the Veteran’s Administration, Rural and Community Health Medical Clinics and many private insurers; and

    Whereas, This shortage has resulted in significant portions of the state’s most vulnerable population going without care of a license psychologist; and

    Whereas, West Virginia receives failing grades from national mental health organizations regarding the delivery of mental health care to its citizens; and

    Whereas, The practice of psychology is a dynamic discipline and has changed significantly over the past several decades; and

    Whereas, The current licensing standards do not accurately reflect the current state of the practice of psychology; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to authorize a study of the practice of psychology in the State of West Virginia; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, 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.

    Senate Concurrent Resolution No. 59 (originating in the Committee on Health and Human Resources)--Requesting the Joint Committee on Government and Finance to study allowing health care providers to prescribe an antibiotic for the sexual partner or partners of a patient who presents with a sexually transmitted disease without first conducting an examination of the partner or partners.

    Whereas, Sexually transmitted diseases are a serious public health concern in West Virginia; and

    Whereas, The practice of prescribing antibiotics to a patient’s sexual partner without a medical examination is called expedited partner therapy; and

    Whereas, The logic behind expedited partner therapy is that if the partner is not treated simultaneously with the patient that the course of treatment for the patient will have little or no effect; and

    Whereas, Both the Centers for Disease Control and Prevention and the American College of Obstetricians and Gynecologists support expedited partner therapy as a means to treat and control certain sexually transmitted diseases; and

    Whereas, An assessment of the legal status of expedited partner therapy by the Center for Law and the Public’s Health and the Centers for Disease Control and Prevention found that three fourths of states or territories either expressly permit expedited partner therapy or do not expressly prohibit the practice; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study allowing health care providers to prescribe an antibiotic for the sexual partner or partners of a patient who presents with a sexually transmitted disease without first conducting an examination of the partner or partners; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, 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.

    Senate Concurrent Resolution No. 60 (originating in the Committee on Health and Human Resources)--Requesting the Joint Committee on Government and Finance to study the process of compiling and making available nonidentifying social and medical histories of birth parents prior to an adoption.

    Whereas, §48-23-601 of the Code of West Virginia prescribes the compilation of nonidentifying information on health history and social and genetic history of birth parents prior to an adoption for the Voluntary Adoption Registry; and

    Whereas, Facilitating the process of keeping, transcribing, and transmission of this information could help multiple parties gain access to important information both during the process of adoption and many years afterward; and

    Whereas, The Legislature requires more insight from agencies, adoptees, parents, and others to make the most prudent decisions on if and how to improve this process; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study the process of compiling and making available nonidentifying social and medical histories of birth parents prior to an adoption; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, 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.

    Senate Concurrent Resolution No. 61 (originating in the Committee on Health and Human Resources)--Requesting the Joint Committee on Government and Finance to study the hiring practices of certain employers when candidates for employment are tobacco users.

    Whereas, Smoking is a major public health problem in the United States and particularly in West Virginia, which has historically had smoking rates considerably higher than the national average; and

    Whereas, Health care facilities and related institutions have as one of their primary purposes or objectives to discourage the use of tobacco products by the general public; and

    Whereas, According to the Centers for Disease Control and Prevention in a 2011 report, it was found that between 11.8 and 23.7 percent of health care workers in the United States, varying according to their role within the industry, are smokers; and

    Whereas, The prevalence of smoking among health care workers has been perceived to undermine the public health message of these health care institutions with regards to smoking; and

    Whereas, This Legislature shares these public health concerns, and further discussion on how best to address this issue is needed; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study the hiring practices of certain employers when candidates for employment are tobacco users; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, 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,

    Senate Concurrent Resolution No. 62 (originating in the Committee on Health and Human Resources)--Requesting the Joint Committee on Government and Finance to study the implementation of licensure requirements for sonographers and defining the scope of practice for diagnostic medical sonography.

    Whereas, Operators of medical ultrasound equipment who perform ultrasounds for the purpose of capturing images for submission to a physician for interpretation, called sonographers, are an important part of the medical diagnostic process; and

    Whereas, Ultrasound screening units currently do not require an order from a licensed practitioners; and

    Whereas, By requiring sonographers to be credentialed, the public could be assured that their examinations would be performed by individuals who are didactically trained and clinically experienced; and

    Whereas, Requiring these practitioners to be licensed may allow for a more accurate and proper diagnosis from a physician; and

    Whereas, Individuals performing ultrasounds prior to the implementation could be allowed to work under an Apprentice license and be given an additional two years to obtain credentials in that modality; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study the implementation of licensure requirements for sonographers and defining the scope of practice for diagnostic medical sonography; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, 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 they each be adopted; but with the further recommendation that they first be referred to the Committee on Rules.

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

    On motion of Senator Stollings, the resolutions (S. C. R. Nos. 58, 59, 60, 61 and 62) contained in the foregoing report from the Committee on Health and Human Resources were referred to the Committee on Rules.

    Senator Prezioso, 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. 4062, Creating an in-home direct care workforce registry.

    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,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Finance pending.

    Senator Prezioso, 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. 4088, Repealing the West Virginia telecommunications tax.

    And reports the same back with the recommendation that it do pass.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 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. House Bill No. 4103, Consolidating of government services and enforcement of laws pertaining to the motor carrier industry.

    And has amended same.

    And reports the same back with the recommendation that it do pass, as amended.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    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. 4236, Relating to exclusions from the definition of professional personnel for evaluation purposes.

    And has amended same.

    And reports the same back with the recommendation that it do pass, as amended.

                             Respectfully submitted,

                               Robert H. Plymale,

                                 Chair.

    At the request of Senator Plymale, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4236) contained in the preceding report from the Committee on Education 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. House Bill No. 4251, Relating generally to amendments to the uniform commercial code.

    And reports the same back with the recommendation that it do pass.

                             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. 4260, Relating to insurance coverage for autism spectrum disorders.

    And has amended same.

    And reports the same back with the recommendation that it do pass, as amended.

                             Respectfully submitted,

                               Joseph M. Minard,

                                 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. House Bill No. 4271, Reporting requirements for residential mortgage lenders and broker licensees.

    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.

    The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.

    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. House Bill No. 4274, Expanding the authority of the Commissioner of Banking over regulated consumer lender licensees, and providing a penalty for violations.

    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,

                               Joseph M. Minard

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on Finance.

    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. 4345, Prohibiting the unauthorized sale of railroad scrap metal.

    And has amended same.

    And reports the same back with the recommendation that it do pass, as amended.

                             Respectfully submitted,

                               Corey Palumbo,

                                 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. 4351, Relating to mine safety.

    And has amended same.

    Now on second reading, having been read a first time and referred to the Committee on the Judiciary on March 1, 2012;

    And reports the same back with the recommendation that it do pass, as amended.

                             Respectfully submitted,

                               Corey Palumbo,

                                 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. 4392, Compensating all state magistrates, magistrate assistants, magistrate court clerks equally.

    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,

                               Corey Palumbo,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on Finance, with an amendment from the Committee on the Judiciary pending.

    Senator Prezioso, 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. 4398, Declaring certain claims against the state and its agencies to be moral obligations of the state.

    And reports the same back with the recommendation that it do pass.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 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. 4468, Prohibiting insurance companies from discriminating against certain health care providers.

    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.

    The bill, under the original double committee reference, was then referred to 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. 4504, Relating to development and operation of a nursing home on the grounds of a nonprofit community health care organization.

    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,

                               Ron Stollings,

                                 Chair.

    At the request of Senator Stollings, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4504) contained in the preceding report from the Committee on Health and Human Resources was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Government Organization.

    Senator Palumbo, 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. 4523, Relating to the Bureau for Child Support enforcement and reporting employment and income of an independent contractor.

    And reports the same back with the recommendation that it do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 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. 4530, Authorizing the Public Service Commission to consider and issue a financing order to certain regulated electric utilities to permit the recovery of expanded net energy costs.

    And has amended same.

    And reports the same back with the recommendation that it do pass, as amended.

                             Respectfully submitted,

                               Corey Palumbo,

                                 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. House Bill No. 4648, Implementing a domestic violence court pilot project.

    And has amended same.

    And reports the same back with the recommendation that it do pass, as amended.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    The Senate proceeded to the sixth order of business.

    Senators Hall, Kessler (Mr. President), Klempa, Laird, Prezioso, Foster, Stollings and Chafin offered the following resolution:

    Senate Resolution No. 48--Designating September 26, 2012, as “Mesothelioma Awareness Day”.

    Whereas, Mesothelioma is an aggressive, asbestos-related cancer that affects the linings of the lungs, abdomen, heart or testicles; and

    Whereas, The heavy use of asbestos in manufacturing, industry and construction has been recognized as the worst occupational health disaster in United States history; and

    Whereas, Asbestos was used in the construction of virtually all office buildings, public schools, and homes built before 1975; and

    Whereas, A high percentage of all mesothelioma victims were exposed to asbestos on naval ships and in shipyards; and

    Whereas, This is now believed to include many of the firefighters, police officers, and rescue workers from Ground Zero on 9/11/01; and

    Whereas, Exposure to asbestos for as little as one month can result in mesothelioma 30 years later; and

    Whereas, Because of occupational, Navy-service related, household, or even incidental exposures and the very long latency of the disease, tens of millions of Americans are now at risk for developing mesothelioma; and

    Whereas, For decades the need for research to develop effective treatments for mesothelioma was overlooked; and

    Whereas, The result of this neglect is that treatments available today generally have only limited effect and most patients die within only 12 to 15 months from diagnosis; and

    Whereas, In 1999, the Mesothelioma Applied Research Foundation was formed to eradicate the life-ending and vicious effects of mesothelioma, and early progress in developing effective treatments for the disease is now being made; and

    Whereas, The establishment of Mesothelioma Awareness Day would raise public awareness of the disease and of the need to develop effective treatments for it; therefore, be it

    Resolved by the Senate:

    That the Senate hereby designates September 26, 2012, as “Mesothelioma Awareness Day”; and, be it

    Further Resolved, That the Senate invites all members of the West Virginia Legislature and all citizens of West Virginia to join in recognizing September 26, 2012, as “Mesothelioma Awareness Day”; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Mesothelioma Applied Research Foundation.

    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.

    Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.

    Senators Kessler (Mr. President), Unger, Yost, Klempa, Prezioso, Foster, Stollings and Chafin offered the following resolution:

    Senate Resolution No. 49--Recognizing the students, alumni, faculty and staff of West Liberty University as they celebrate the 175th anniversary of the school.

    Whereas, Established as West Liberty Academy in 1837 (26 years before the state was admitted to the Union), it was created to respond to the need for higher educational opportunities west of the Appalachian ridge; and

    Whereas, West Liberty was named in the late 18th Century as the westernmost point of the new liberty provided through the Declaration of Independence; and

    Whereas, West Liberty University is a forward-looking, four-year public university steeped in a rich heritage as West Virginia’s oldest institution of higher education; and

    Whereas, West Liberty University has educated students who have become leaders in science, the arts, education, business, and many other fields; and

    Whereas, West Liberty University has a community of leaders dedicated to preparing informed, involved, principled, and productive citizens and leaders over a lifetime; and

    Whereas, West Liberty University will commemorate its founding throughout 2012, and celebrate its actual 175th anniversary on March 30, 2012; therefore, be it

    Resolved by the Senate:

    That the Senate hereby recognizes the students, alumni, faculty and staff of West Liberty University as they celebrate the 175th anniversary of the school; and, be it

    Further Resolved, That the Senate recognizes the many contributions of West Liberty University to the State of West Virginia; and, be it

    Further Resolved, That the Clerk in hereby directed to forward a copy of this resolution to the President of West Liberty University, Robin C. Capehart.

    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.

    Upon expiration of the recess, the Senate reconvened.

    At the request of Senator Plymale, and by unanimous consent, Senator Plymale addressed the Senate regarding Marshall University’s 175th anniversary.

    The Senate then resumed business under the sixth order.

    Senators Miller, Kessler (Mr. President), Beach, Klempa, Laird, Unger, Prezioso, Foster, Stollings and Chafin offered the following resolution:

    Senate Resolution No. 50--Recognizing Gus R. Douglass for his dedicated public service to the State of West Virginia.

    Whereas, Gus R. Douglass of Leon, West Virginia, in Mason County, began his employment with the West Virginia Department of Agriculture in 1957, as Assistant Commissioner; and

    Whereas, Gus R. Douglass was elected as Commissioner of Agriculture to an unprecedented 11 terms, including in 1964, 1968, 1972, 1976, 1980, 1984, 1992, 1996, 2000, 2004 and 2008; and

    Whereas, Gus R. Douglass is the senior Commissioner of Agriculture in the United States; and

    Whereas, Gus R. Douglass has served as state and national president of the Future Farmers of America (FFA), was chosen as a West Virginia Star Farmer and later helped to organize and served as first president of the National FFA Alumni Association. He is also a 4-H All-Star; and

    Whereas, Gus R. Douglass has served as president of the National Association of State Departments of Agriculture (NASDA) and the Southern Association of State Departments of Agriculture (SASDA), and was chairman of the Southern Regional Committee for Food and Agriculture under President Jimmy Carter. Additionally, Commissioner Douglass has served twice as president of the Southern United States Trade Association (SUSTA). He also participated as a member of several national agriculture committees and task forces, and has been frequently called upon to give testimony before Congressional committees regarding national agricultural policy. He chaired the U. S. Secretary of Agriculture’s Advisory Committee on Foreign Animal and Poultry Diseases an unprecedented four times, representing all state departments of agriculture. He has served extensively on three NASDA committees, including International Marketing and Trade, Food Regulation and Nutrition, and Animal and Plant Industries; and

    Whereas, In 2002, Gus R. Douglass was presented the prestigious Animal and Plant Health Inspection Service (APHIS) Administrator’s Award. He was also honored by the National Association of State Departments of Agriculture (NASDA) for his work safeguarding America’s animal and plant industries; and

    Whereas, In 2006, West Virginia State University renamed its land-grant programs as the Gus R. Douglass Institute for Commissioner Douglass’ dedication to education, research and extension outreach throughout the state; and

    Whereas, Gus R. Douglass chairs the State Conservation Committee, and is a member of the West Virginia Housing Development Fund and the Air Quality Board, a director for Peoples Bank of Point Pleasant, and a trustee for Pleasant Valley Hospital. He is a member of the board of the State Farm Museum, and is on the board of directors for the State Fair of West Virginia; and

    Whereas, During his tenure as Commissioner of Agriculture, Gus R. Douglass has served on more than 25 boards, commissions and committees, including chairman of the West Virginia Air Pollution Control Commission and the State Forestry Commission; and

    Whereas, Gus R. Douglass is a historic figure in the state of West Virginia and his likeness may never be seen here again; therefore, be it

    Resolved by the Senate:

    That the Senate hereby recognizes Gus R. Douglass for his dedicated public service to the State of West Virginia; and, be it

    Further Resolved, That the Senate expresses its sincere appreciation to Commissioner Douglass for his exemplary service; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution Gus R. Douglass.

    At the request of Senator Miller, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.

    Thereafter, at the request of Senator Williams, and by unanimous consent, the remarks by Senator Miller regarding the adoption of Senate Resolution No. 50 were ordered printed in the Appendix to the Journal.

    At the request of Senator Unger, unanimous consent being granted, the remarks by Senators K. Facemyer and Chafin regarding the adoption of Senate Resolution No. 50 were ordered printed in the Appendix to the Journal.

    On motion of Senator Unger, the Senate recessed for one minute.

    Upon expiration of the recess, the Senate reconvened and proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 56, Requesting DOH name bridge in Mingo County "James A. Bowers, Sr., Memorial Bridge".

    On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.

    House Concurrent Resolution No. 20, The "SP5 Lynn Waitman Peters 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. 62, Requesting that the sacrifice and service of the crew members of the U.S.S. West Virginia be recognized and rewarded for their actions during the Battle of Suriago Strait.

    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.

    Com. Sub. for House Concurrent Resolution No. 68, Declaring the City of Beckley's Exhibition Coal Mine as the official Exhibition Coal Mine of West Virginia.

    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. 70, The "Jones 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. 73, Honoring the members of the 78th Infantry Division and Proclaiming April 4, 2012 as 78th Lightning Division Day.

    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. 76, The "Cory Matthew Price Memorial Road".

    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.

    Thereafter, at the request of Senator Unger, and by unanimous consent, the remarks by Senator Kirkendoll regarding the adoption of House Concurrent Resolution No. 76 were ordered printed in the Appendix to the Journal.

    House Concurrent Resolution No. 81, The "Joe 'Bug' Marcum 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.

    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. 2521, Eliminating the requirement of serving domestic violence orders by certified mail.

    Eng. Com. Sub. for House Bill No. 3128, Relating to filing a civil petition for expungement of records relating to an arrest.

    Eng. Com. Sub. for House Bill No. 3177, Permitting an owner who sells real property pursuant to a deed of trust to terminate a preexisting tenancy.

    Eng. Com. Sub. for House Bill No. 4001, Authorizing boards to establish fees by legislative rule.

    Eng. House Bill No. 4002, Relating to annual seminar requirements for professional licensing boards.

    Eng. House Bill No. 4097, Creating a license to practice hair styling.

    Eng. House Bill No. 4119, Providing a definition for an athletic director who is employed by a county board of education.

    Eng. Com. Sub. for House Bill No. 4125, Correcting date for schools to send notice to parents alerting them to the existence of the school's crisis response plan.

    Eng. House Bill No. 4126, Authorizing legislative rules for the Higher Education Policy Commission and Council for Community and Technical College Education.

    Eng. Com. Sub. for House Bill No. 4220, Authorizing the department of commerce to promulgate legislative rules.

    Eng. Com. Sub. for House Bill No. 4238, Establishing procedures for address confidentiality program participants on the special absentee voting list.

    Eng. Com. Sub. for House Bill No. 4239, Increasing the membership of the West Virginia Board of Osteopathy.

    Eng. House Bill No. 4299, Authorizing a county board of education to use the services of a bus operator from another county in certain circumstances.

    Eng. House Bill No. 4320, Relating to the settlement of violations of the Hazardous Waste Management Act by consent agreements.

    Eng. Com. Sub. for House Bill No. 4330, Providing that drivers licenses may contain information designating the licensee as a person who is an honorably discharged veteran.

    Eng. House Bill No. 4481, Relating to the Comprehensive Behavioral Health Commission.

    And,

    Eng. Com. Sub. for House Bill No. 4630, Modifying the membership of the Braxton County Recreational Development Authority.

    Pending announcement of meetings of standing committees of the Senate, including majority and minority party caucuses,

    On motion of Senator Unger, the Senate adjourned until Monday, March 5, 2012, at 11 a.m.

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