sdj-06th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2010
SIXTH DAY
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Charleston, W. Va., Monday, January 18, 2010
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable John R. Unger II, a
senator from the sixteenth district. Appalachian Children's
Chorus, Charleston, West Virginia, then proceeded in the singing of
"Lord of the Dance" and "Country Roads" accompanied by Olga Young
on the piano.
Pending the reading of the Journal of Friday, January 15,
2010,
On motion of Senator Minard, 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
Examiners for Registered Professional Nurses, submitting its annual
report, in accordance with chapter thirty, article twenty-four,
section seven of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Commission on
Special Investigations, submitting its annual report as required by
chapter four, article five, section two of the code of West
Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Division of
Juvenile Services, submitting its annual report, in accordance with
chapter forty-nine, article five, section thirteen-e of the code of
West Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the Division of Motor
Vehicles, submitting its annual Motor Vehicle Alcohol Test and Lock
Program report as required by chapter seventeen-c, article five-a,
section three-a of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the West Virginia Lottery, submitting its annual report, in
accordance with chapter twenty-nine, article twenty-two, section
twenty of the code of West Virginia.
Which report was received and filed with the Clerk.
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 Bowman, Kessler, Yost, Browning, Edgell, Snyder,
D. Facemire and Wells:
Senate Bill No. 230--A Bill to repeal §30-8-2a, §30-8-2b, §30-
8-3a, §30-8-3b and §30-8-5a of the Code of West Virginia, 1931, as
amended; to amend and reenact §30-8-1, §30-8-2, §30-8-3, §30-8-4,
§30-8-5, §30-8-6, §30-8-7, §30-8-8, §30-8-9, §30-8-10 and §30-8-11
of said code; and to amend said code by adding thereto ten new
sections, designated §30-8-12, §30-8-13, §30-8-14, §30-8-15, §30-8-
16, §30-8-17, §30-8-18, §30-8-19, §30-8-20 and §30-8-21, all
relating to the Board of Optometry; prohibiting the practice of
optometry without a license; providing other applicable sections;
providing definitions; providing for board composition; setting
forth the powers and duties of the board; clarifying rule-making
authority; continuing a special revenue account; establishing
license requirements; providing for licensure for persons licensed
in another state; establishing renewal requirements; providing
permit requirements; requiring display of license; setting forth
grounds for disciplinary actions; allowing for specific
disciplinary actions; providing procedures for investigation of
complaints; providing for judicial review and appeals of decisions;
setting forth hearing and notice requirements; providing for civil
causes of action; providing criminal penalties; and providing that a single act is evidence of practice.
Referred to the Committee on Government Organization.
By Senators Laird and Snyder:
Senate Bill No. 231--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-21-12j, relating to creating a personal income tax
credit for persons who may choose to spay or neuter their pets.
Referred to the Committee on Finance.
Senators Laird, White, Chafin, Williams, Plymale and Oliverio
offered the following resolution:
Senate Concurrent Resolution No. 2--Requesting the Division of
Highways name that portion of Rt. 16 from the stop light on Rt. 19
at Fayetteville to Cotton Hill bridge as the "Robert K. "Bob"
Holliday Highway".
Whereas, Robert K. "Bob" Holliday served in the House of
Delegates from 1963 through 1968 and the State Senate from 1969 to
1972 and from 1981 through 1992 and was a respected member of
Senate and House Committees; and
Whereas, During his tenure in the State Legislature he served
as Chairman for the Committee on Labor, Chairman for the Committee
on Education, Chairman for the Committee on Interstate Cooperation
and Chairman for the Committee on Health and Human Resources; and
Whereas, Mr. Holliday graduated from Montgomery High School in
1950 where he was honored as the Outstanding Senior Student, graduated from West Virginia University, having received a B.A.
from the West Virginia Institute of Technology Journalism and
having received a M.A. from Marshall University in Political
Science; and
Whereas, Mr. Holliday received the Pearl S. Buck Award in
1982, the Distinguished Service Award from the West Virginia School
of Osteopathic Medicine in 1983, the West Virginia Rehabilitation
Structural Barriers Award, an Honorary Doctorate in the Adult Basic
Education Program and was selected to the Who's Who in American
Universities and Colleges; and
Whereas, Mr. Holliday having served as Chairman for the Heart
Fund, Region IV Mental Health Planning Committee, President for the
Fayette Mental Health Society, Director for the West Virginia
Mental Health Association, Board Member of the Plateau Group Homes,
and Director of the New River Gorge County Development Corporation;
and
Whereas, Mr. Holliday having been a member of many community
organizations, including the Midland Trail Improvement Association,
Pi Sigma Alpha, the Fayette Needy Association, the Coal Valley
Lodge: AF:AM, the 32 Scottish Rite, Shiner, the Fayette Volunteers
and the Fayette County Young Democratic Club; and
Whereas, Mr. Holliday having owned and been the editor of a
respected newspaper, a noted author, political scientist and
television producer; and
Whereas, Mr. Holliday is a loving and devoted husband to
Deborah Bragg Holliday and father of seven children, Kelvin Edward,
Kathleen Edna, Stephen Kerr, Robert Lawson, Jeffrey Edward, Tracey
Ann and Brandon Michael; and
Whereas, It is fitting to honor Robert K. "Bob" Holliday for
his service to his community and his state by naming the section of
Rt. 16 from the stop light on Rt. 19 at Fayetteville to Cotton Hill
bridge as the "Robert K. "Bob" Holliday Highway"; therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways
to name the section of Rt. 16 from the stop light on Rt. 19 at
Fayetteville to Cotton Hill bridge as the "Robert K. "Bob" Holliday
Highway"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the roadway
as the "Robert K. "Bob" Holliday Highway"; and, be it
Further Resolved, That the Senate forward a certified copy of
this resolution to the Secretary of the Department of
Transportation, to Robert K. "Bob" Holliday and to his family.
Which, under the rules, lies over one day.
Senators Laird, White and Kessler offered the following
resolution:
Senate Concurrent Resolution No. 3--Requesting the Division of
Highways name bridge number 10-16-23.35 on Route 16 located 0.39 miles south of the junction with U.S. Route 60 in Fayette County,
West Virginia the "Eugene Mitchell Skaggs Memorial Bridge."
Whereas, Eugene Mitchell Skaggs was born and raised in Ansted,
West Virginia; and
Whereas, Sadly, Signalman First Class Eugene Mitchell Skaggs
was killed serving his state and country during World War II on
December 7, 1941; and
Whereas, Naming bridge number 10-16-23.35, would forever honor
the memory of Signalman First Class Eugene Mitchell Skaggs who made
the ultimate sacrifice for his country and state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name bridge number 10-16-23.35 on U.S. Route 16 located 0.39
miles south of the junction with U.S. Route 60 in Fayette County,
West Virginia on U.S. Route 16 the "Eugene Mitchell Skaggs Memorial
Bridge"; and, be it
Further Resolved, That the Division of Highways is requested
to have made and be placed signs identifying the bridge as the
"Eugene Mitchell Skaggs Memorial Bridge."
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
Transportation, the Commissioner of Highways, and the family of the
late Eugene Mitchell Skaggs.
Which, under the rules, lies over one day.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 1, Requesting Division of
Highways name bridge in Doddridge County "SPC Jason N. Marchand
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 proceeded to the eleventh order of business and the
introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senator Deem.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Tuesday, January 19, 2010, at 11 a.m.
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