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WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2012
NINTH DAY
____________
Charleston, W. Va., Thursday, January 19, 2012
The Senate met at 11 a.m.
(Senator Kessler, Mr. President, in the Chair.)
Prayer was offered by Elliott Gregory, Youth Pastor, Oakwood
Baptist Church, Charleston, West Virginia.
Pending the reading of the Journal of Wednesday, January 18,
2012,
On motion of Senator Barnes, 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 Clerk presented a communication from the Board of
Architects, submitting its annual report for fiscal years 2009 and
2011 as required by chapter thirty, article one, section twelve of
the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2402--A Bill to amend and reenact §29B-1-2
of the Code of West Virginia, 1931, as amended, relating to
redefining the term "public record" as it is used in the Freedom of
Information Act.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2521--A Bill to amend and
reenact §48-27-311 and §48-27-701 of the Code of West Virginia,
1931, as amended, relating to prevention and treatment of domestic
violence generally; eliminating the requirement of serving domestic
violence orders by certified mail where personal service fails;
authorizing fee to law enforcement for service of process; and
clarifying that personal service must be attempted at every address
for respondent provided by petitioner.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3128--A Bill to amend and reenact §61-11-25 of the Code of West Virginia, 1931, as amended,
relating to filing a civil petition for expungement of records
relating to an arrest or charges relating to the arrest when found
not guilty of the offense or charges have been dismissed; and
providing that no filing fees or costs be charged for processing
the action.
Referred to the Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 40, Creating tax credit for composting
garbage, landscape waste and food.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 40 (originating in the Committee
on the Judiciary)--A Bill to amend the Code of West Virginia, 1931,
as amended, by adding thereto a new article, designated §11-13CC-1,
§11-13CC-2, §11-13CC-3 and §11-13CC-4, all relating to creating a
tax credit for businesses that properly compost trash and unused
food rather than use the normal means of dumping trash and unused
food into a noncomposting dumpster; providing for legislative
findings and purpose; providing for eligibility of the credit;
providing for the amount of the credit; and authorizing the Tax Commissioner to promulgate legislative rules to administer the tax
credit.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Corey Palumbo,
Chair.
The bill (Com. Sub. for S. B. No. 40), 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
Senate Bill No. 100, Relating to fees collected by circuit
clerks.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 100 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §59-1-11
of the Code of West Virginia, 1931, as amended, relating to
collecting fees by circuit clerks; and removing the requirement
that the circuit clerk charge three times the amount of actual
postage when sending certain documents by mail or express.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 156, Allowing Corrections Commissioner use
excess funds to offset operational costs.
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,
Herb Snyder,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 168, Increasing compensation of certain county
officials.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 168 (originating in the
Committee on Government Organization)--A Bill to amend and reenact
§7-7-1 and §7-7-4 of the Code of West Virginia, 1931, as amended,
all relating to compensation of elected county officials and county
commissioners for each class of county; legislative findings; and
authorizing increasing this compensation after July 1, 2012.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Herb Snyder,
Chair.
The bill (Com. Sub. for S. B. No. 168), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 172, Creating equal pay coordinator within
Division of Personnel.
And reports the same back with the recommendation that it do pass; but with the further recommendation that it first be referred
to the Committee on Finance.
Respectfully submitted,
Herb Snyder,
Chair.
On motion of Senator Snyder, the bill (S. B. No. 172)
contained in the foregoing report from the Committee on Government
Organization was 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
Senate Bill No. 183, Increasing penalties for assault and
battery on athletic official.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Corey Palumbo,
Chair.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators Foster, Laird, McCabe, Jenkins, Kessler (Mr.
President), Stollings, Edgell, Klempa, Yost and Plymale:
Senate Bill No. 346--A Bill to repeal §60A-10-5 and §60A-10-8
of the Code of West Virginia, 1931, as amended; to amend and
reenact §60A-2-210 and §60A-2-212 of said code; to amend and
reenact §60A-10-2, §60A-10-3, §60A-10-4, §60A-10-6, §60A-10-7 and
§60A-10-11 of said code; and to amend said code by adding thereto
a new section, designated §60A-10-16, all relating to enacting The
Larry Border Act; requiring a prescription to dispense drug
products that contain ephedrine, pseudoephedrine,
phenylpropanolamine or other precursors of methamphetamine as an
active ingredient; recategorizing these drugs from Schedule V to
Schedule IV; eliminating the pediatric exemption; deleting certain
provisions and definitions that are no longer applicable; making
additional findings; exempting wholesalers from certain
requirements of the United States Drug Enforcement Administration
relating to storage, reporting, record-keeping or physical security
control requirements for controlled substances containing
ephedrine, pseudoephedrine or phenylpropanolamine; providing
penalties; adding affirmative defenses; permitting the Board of
Pharmacy to exempt certain products from prescription requirements;
and requiring the Superintendent of the State Police to submit a
report by December 1, 2012.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Snyder, Edgell, D. Facemire, Miller, Laird, Hall, Foster, Plymale and Wills:
Senate Bill No. 347--A Bill to amend and reenact §11-22-2 of
the Code of West Virginia,1931, as amended, relating to
redistributing an existing excise tax paid upon the transfer of
real property so that the tax is paid to the county where the
property is situate instead of to the state; requiring counties to
dedicate this excise tax to support regional jails; providing this
be accomplished incrementally over a five-year period; and
stylistic changes.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Hall:
Senate Bill No. 348--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §29A-3-19, relating to implementing a quality control
procedure for agency rules.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senator D. Facemire:
Senate Bill No. 349--A Bill to amend and reenact §48-6-301 of
the Code of West Virginia, 1931, as amended, relating to
prohibiting the use or consideration of an income-producing asset
for spousal support if the asset was the subject of equitable
distribution.
Referred to the Committee on the Judiciary.
By Senators D. Facemire and Sypolt:
Senate Bill No. 350--A Bill to amend and reenact §41-1-6 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §42-1-1 of said code, all relating to automatic revocation
of a will upon legal separation; and excluding from the definition
of "surviving spouse", for purposes of descent and distribution, a
person who is a party to a decree of legal separation.
Referred to the Committee on the Judiciary.
By Senators Snyder, Browning, Prezioso and Klempa:
Senate Bill No. 351--A Bill to amend and reenact §3-1-5 and
§3-1-29 of the Code of West Virginia, 1931, as amended, all
relating to limiting the size of voting precincts to three thousand
registered voters in urban areas and one thousand five hundred in
rural areas; permitting an increase in the size of standard
receiving boards; providing an option to have more poll workers and
commissioners; and permitting as few as four poll workers in a
precinct during a municipal election where there is no simultaneous
state or county election.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Edgell, Tucker, Chafin, Fanning, Jenkins, Minard,
Williams, Wills, Barnes, Boley, Nohe, Foster, Prezioso, Snyder,
Kessler (Mr. President), Unger, Stollings, Yost and Sypolt:
Senate Bill No. 352--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-2-31, relating to establishing criminal penalties
for failure to report a missing child by the child's custodian.
Referred to the Committee on the Judiciary.
Senators Stollings, Laird, Edgell, Foster, Prezioso, Browning,
Jenkins, Kessler (Mr. President), Unger, Klempa, Yost, Williams and
Plymale offered the following resolution:
Senate Resolution No. 6--Designating January 19, 2012, as
"West Virginia Physical Activity Day".
Whereas, Striving for a more healthy citizenry of the State of
West Virginia is of the utmost importance; and
Whereas, West Virginia Physical Activity Plan wants a
healthier West Virginia by providing opportunities throughout the
state to improve the health of West Virginia's citizens by
promoting healthy living where everyone lives, works and plays; and
Whereas, The overarching goal of the ActiveWV 2015 is to
provide a strategic direction to increase and maintain healthy
physical activity levels of the citizens of West Virginia through
the development, implementation, and evaluation of an effective
West Virginia Physical Activity Plan; and
Whereas, It is expected that the Plan's implementation will
increase the physical activity levels of children and adults to
meet or exceed the national physical activity recommendations and therefore improve the health and quality of life of West
Virginians; and
Whereas, The implementation of the Plan relies on the
cooperation of policy makers, community leaders, and leaders from
other sectors; therefore, be it
Resolved by the Senate:
That the Senate hereby designates January 19, 2012, as "West
Virginia Physical Activity Day"; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the West Virginia Physical Activity
Plan.
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 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. 1, Requesting DOH name bridge
in Mingo County Brittany Nicole Dentro 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 and request concurrence therein.
Com. Sub. for Senate Concurrent Resolution No. 2, Requesting
DOH name bridge in Monongalia County Colonel Zackquill Morgan
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 and request concurrence therein.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 96, Redefining basis for
disqualification of prospective jurors.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Unger, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
The Senate then proceeded to the tenth order of business.
Senate Bill No. 30, Providing additional means to notify DMV
of purchase of junked vehicle.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 118, Terminating residential
lease upon tenant death.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 129, Relating to descriptions of easements and
rights-of-way.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Stollings, Miller, Snyder and
Unger.
Thereafter, at the request of Senator Williams, and by
unanimous consent, the remarks by Senator Miller were ordered
printed in the Appendix to the Journal.
The Senate proceeded to the thirteenth order of business.
Senator Unger called attention to today being the birthday of
the senior senator from Kanawha and on behalf of the Senate
extended felicitations and good wishes to Senator McCabe with
Senator Klempa leading the members in singing "Happy Birthday".
At the respective requests of Senators Klempa and Yost, the
names of Senators Klempa and Yost were removed as sponsors of
Senate Bill No. 346 (Creating Larry Border Act).
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Unger, the Senate adjourned until
tomorrow, Friday, January 20, 2012, at 11 a.m.
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