WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-FIRST LEGISLATURE
REGULAR SESSION, 2013
EIGHTH DAY
____________
Charleston, W. Va., Wednesday, February 20, 2013
The Senate met at 11 a.m.
(Senator Kessler, Mr. President, in the Chair.)
Prayer was offered by the Reverend Jim McQuerry, Associate Pastor of Worship Ministries, Bible Center Church, Charleston, West Virginia.
Pending the reading of the Journal of Tuesday, February 19, 2013,
On motion of Senator Nohe, 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.
Senator Kessler (Mr. President) presented a communication from the Legislative Rule-Making Review Committee, submitting its annual report, in accordance with chapter twenty-nine-a, article three, section twelve of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
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. 71, Requiring descriptions of easements and rights-of-way include width in addition to centerline.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 71 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §36-3-5a of the Code of West Virginia, 1931, as amended, relating to descriptions of easements and rights-of-way in deeds and similar instruments; amending the centerline method of description to include width; and clarifying that description requirement regarding easements and rights-of-way does not apply to certain leases.
And,
Senate Bill No. 145, Conforming election complaint procedures statute to federal code.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 145 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §3-1-50 of the Code of West Virginia, 1931, as amended, relating to the administrative procedure in response to election-related complaints; clarifying language to allow the procedure to be utilized for certain federal election violations; and providing an exception to the procedure for certain allegations that may result in a finding of a criminal violation.
With the recommendation that the two committee substitutes do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 129, Making failure to wear safety belts primary offense.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 129 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §17C-15-49 of the Code of West Virginia, 1931, as amended, relating to making the offense of failure to wear safety belts a primary offense; requiring all passengers in the back seat to be restrained by a safety belt or child passenger safety device system; limiting an exception for mail carriers to operators; broadening an exception regarding physical disability; and specifying the fine amount.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Robert D. Beach,
Chair.
The bill (Com. Sub. for S. B. No. 129), under the original double committee reference, was then referred to the Committee on the Judiciary.
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 Senator Snyder:
Senate Bill No. 219--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Administration to promulgate a legislative rule relating to selecting design-builders under the Design-Build Procurement Act.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 220--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Administration to promulgate a legislative rule relating to state-owned vehicles.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 221--A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Office of Administrative Hearings to promulgate a legislative rule relating to appeal procedures.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 222--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to animal disease control.
Referred to the Committee on Agriculture and Rural Development; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 223--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Architects to promulgate a legislative rule relating to the registration of architects.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 224--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Athletic Commission to promulgate a legislative rule relating to mixed martial arts.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 225--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to the procedures, criteria and curricula for examination and licensure of barbers, cosmetologists, nail technicians, aestheticians and hair stylists.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 226--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to barber apprenticeships.
Referred to the Committee on Government Organization; then to the Committee on Finance; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 227--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to the operational standards for schools of barbering and beauty culture.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 228--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Broadband Deployment Council to promulgate a legislative rule relating to broadband deployment grants programs.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 229--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Conservation Committee to promulgate a legislative rule relating to the operation of the West Virginia State Conservation Committee and conservation districts.
Referred to the Committee on Agriculture and Rural Development; then to the Committee on Natural Resources; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 230--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to general provisions.
Referred to the Committee on Pensions; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 231--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to benefit determination and appeal.
Referred to the Committee on Pensions; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 232--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Teachers Retirement System.
Referred to the Committee on Pensions; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 233--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Public Employees Retirement System.
Referred to the Committee on Pensions; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 234--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the West Virginia State Police.
Referred to the Committee on Pensions; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 235--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the board.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 236--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Dental Examiners to promulgate a legislative rule relating to practitioner requirements for accessing the West Virginia Controlled Substances Monitoring Program database.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 237--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Dental Examiners to promulgate a legislative rule relating to continuing education requirements.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 238--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the expanded duties of dental hygienists and dental assistants.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 239--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction and major modification of major stationary sources for the prevention of significant deterioration of air quality.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 240--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 241--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from the combustion of solid waste.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 242--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from hazardous waste treatment, storage and disposal facilities.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 243--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements for operating permits.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 244--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 245--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to horizontal well development.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 246--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to covered electronic devices recycling.
Referred to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 247--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to hazardous waste administrative proceedings and civil penalty assessment.
Referred to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 248--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to water pollution control permit fee schedules.
Referred to the Committee on Finance; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 249--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the WV/NPDES regulations for coal mining facilities.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 250--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Development Office to promulgate a legislative rule relating to the use of coalbed methane severance tax proceeds.
Referred to the Committee on Finance; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 251--A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Fire Commission to promulgate a legislative rule relating to the State Building Code.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 252--A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Fire Commission to promulgate a legislative rule relating to volunteer firefighters' training, equipment and operating standards.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 253--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Governor’s Committee on Crime, Delinquency and Correction to promulgate a legislative rule relating to law-enforcement training and certification standards.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 254--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Governor’s Committee on Crime, Delinquency and Correction to promulgate a legislative rule relating to the protocol for law-enforcement response to stalking.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 255--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Governor’s Committee on Crime, Delinquency and Correction to promulgate a legislative rule relating to the protocol for law-enforcement response to child abuse and neglect.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 256--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Hatfield-McCoy Regional Recreation Authority to promulgate a legislative rule relating to rules for use of the facility.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 257--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the regulation of opioid treatment programs.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 258--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to chronic pain management clinic licensure.
Referred to the Committee on Health and Human Resources; then to the Committee on Finance; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 259--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to child care centers’ licensing.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 260--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to minimum licensing requirements for residential child care and treatment facilities for children and transitioning adults in West Virginia.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 261--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to poultry litter and manure movement into primary poultry breeder rearing areas.
Referred to the Committee on Agriculture and Rural Development; then to the Committee on Finance; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 262--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Health Care Authority to promulgate a legislative rule relating to the West Virginia Health Information Network.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 263--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to pulse oximetry newborn testing.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 264--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to general sanitation.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 265--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to Grade A pasturized milk.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 266--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to fees for services.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 267--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to reportable diseases, events and conditions.
Referred to the Committee on Health and Human Resources; then to the Committee on Finance; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 268--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the regulation of opioid treatment programs.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 269--A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Highways to promulgate a legislative rule relating to the transportation of hazardous wastes upon the roads and highways.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 270--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to provider-sponsored networks.
Referred to the Committee on Banking and Insurance; then to the Committee on Finance; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 271--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to bedding and upholstered furniture.
Referred to the Committee on Labor; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 272--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to the Amusement Rides and Amusement Attractions Safety Act.
Referred to the Committee on Labor; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 273--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to the supervision of elevator mechanics and apprentices.
Referred to the Committee on Labor; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 274--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to the Crane Operator Certification Act.
Referred to the Committee on Labor; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 275--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to the Crane Operator Certification Act--practical examination.
Referred to the Committee on Labor; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 276--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Lottery Commission to promulgate a legislative rule relating to state lottery rules.
Referred to the Committee on Finance; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 277--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Medicine to promulgate a legislative rule relating to practitioner requirements for accessing the West Virginia Controlled Substances Monitoring Program database.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 278--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Medicine to promulgate a legislative rule relating to licensure, disciplinary and complaint procedures; continuing education; and physician assistants.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 279--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Medicine to promulgate a legislative rule relating to continuing education for physicians and podiatrists.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 280--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Miner Training, Education and Certification to promulgate a legislative rule relating to the standards for certification of coal mine electricians.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 281--A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Motor Vehicles to promulgate a legislative rule relating to the denial, suspension, revocation, disqualification, restriction, nonrenewal, cancellation, administrative appeals and reinstatement of motor vehicle operating privileges.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 282--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to special boating.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 283--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to special motorboating.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 284--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to defining the terms used in all hunting and trapping rules.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 285--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to prohibitions when hunting and trapping.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 286--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to deer hunting.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 287--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to general trapping.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 288--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to special waterfowl hunting.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 289--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to special fishing.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 290--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to falconry.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 291--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Optometry to promulgate a legislative rule relating to continuing education.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 292--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Optometry to promulgate a legislative rule relating to expanded therapeutic procedures certificates.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 293--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Optometry to promulgate a legislative rule relating to a schedule of fees.
Referred to the Committee on Health and Human Resources; then to the Committee on Finance; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 294--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Osteopathic Medicine to promulgate a legislative rule relating to licensing procedures for osteopathic physicians.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 295--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Osteopathic Medicine to promulgate a legislative rule relating to practitioner requirements for controlled substances licensure; and accessing the West Virginia Controlled Substances Monitoring Program database.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 296--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Pharmacy to promulgate a legislative rule relating to ephedrine and pseudoephedrine control.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 297--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Pharmacy to promulgate a legislative rule relating to controlled substances monitoring.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 298--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Protective Services to promulgate a legislative rule relating to contracted police or security services.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 299--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Racing Commission to promulgate a legislative rule relating to thoroughbred racing.
Referred to the Committee on Finance; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 300--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Racing Commission to promulgate a legislative rule relating to greyhound racing.
Referred to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 301--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Racing Commission to promulgate a legislative rule relating to pari-mutuel wagering.
Referred to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 302--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Real Estate Appraiser Licensing and Certification Board to promulgate a legislative rule relating to requirements for licensure and certification.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 303--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Real Estate Appraiser Licensing and Certification Board to promulgate a legislative rule relating to renewal of licensure--qualifications for renewal.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 304--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to fees for services rendered by the board and supplemental renewal fee for the Center for Nursing.
Referred to the Committee on Health and Human Resources; then to the Committee on Finance; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 305--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to practitioner requirements for accessing the West Virginia Controlled Substances Monitoring Program database.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 306--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to the announcement of advanced practice.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 307--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to limited prescriptive authority for nurses in advanced practice.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 308--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Secretary of State to promulgate a legislative rule relating to the Uniform Commercial Code.
Referred to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 309--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Secretary of State to promulgate a legislative rule relating to administration of the Address Confidentiality Program.
Referred to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 310--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Secretary of State to promulgate a legislative rule relating to the regulation of political party headquarters financing.
Referred to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 311--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Secretary of State to promulgate a legislative rule relating to the regulation of late registration.
Referred to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 312--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Bureau of Senior Services to promulgate a legislative rule relating to the in-home care worker registry.
Referred to the Committee on Health and Human Resources; then to the Committee on Finance; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 313--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Social Work to promulgate a legislative rule relating to a fee schedule.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 314--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Social Work to promulgate a legislative rule relating to qualifications for the profession of social work.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 315--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Social Work to promulgate a legislative rule relating to applications.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 316--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Social Work to promulgate a legislative rule relating to continuing education for social workers and providers.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 317--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Social Work to promulgate a legislative rule relating to a code of ethics.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 318--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Examiners for Speech-Language Pathology and Audiology to promulgate a legislative rule relating to the licensure of speech pathology and audiology.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 319--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a legislative rule relating to the valuation of commercial and industrial real and personal property for ad valorem property tax purposes.
Referred to the Committee on Finance; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 320--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Treasurer’s Office to promulgate a legislative rule relating to the enforcement of the Uniform Unclaimed Property Act.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 321--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to the organization and operation and licensing of veterinarians.
Referred to the Committee on Agriculture and Rural Development; then to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 322--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to a schedule of fees.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 323--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Osteopathic Medicine to promulgate a legislative rule relating to osteopathic physician assistants.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Stollings and Beach:
Senate Bill No. 324--A Bill to amend and reenact §30-5-1a and §30-5-16 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60A-3-301 of said code, all relating to permits for manufacture, distribution and dispensing of controlled substances; and providing boards which license persons who engage in manufacture, distribution or dispensing of controlled substances with legislative rule-making authority to set fees.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Stollings, Jenkins, Kirkendoll, Laird, Miller, Palumbo, Plymale, Prezioso, Tucker, Yost, Boley, M. Hall, Unger, Fitzsimmons, Beach, Carmichael and Nohe:
Senate Bill No. 325--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-45-1, §16-45-2, §16-45-3, §16-45-4, §16-45-5 and §16-45-6, all relating to creating a loan forgiveness program for health professionals.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Plymale, Prezioso, Laird, Miller, Unger, Wells, Boley, Beach and Tucker:
Senate Bill No. 326--A Bill to amend and reenact §18B-1A-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18B-2A-3 of said code, all relating to institutional operating budgets; the West Virginia Network of Educational Telecomputing; requiring the Higher Education Policy Commission and Council for Community and Technical College Education to propose procedural rules by certain date; specifying prior approval by Legislative Oversight Commission on Education Accountability; setting forth goals and objectives for state institutions of higher education and specifying procedures for measuring attainment; designating a pilot year and requiring certain reports; specifying percentages of operating budgets to be applied to outcomes-based funding annually and designating total percentages; requiring establishment of legislative committee to advise in developing procedural rules; collecting, synthesizing and disseminating data from state institutions of higher education; directing institutional boards of governors to cooperate in certain data-related operations; and providing certain privacy protections.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Beach, Kirkendoll and Williams:
Senate Bill No. 327--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-2-4a, relating to school personnel; school bus operators; providing for examination by any certified state business; certification of out-of-state school bus operators; and requiring recertification every three years.
Referred to the Committee on Education; and then to the Committee on Government Organization.
By Senators Tucker and Barnes:
Senate Bill No. 328--A Bill to amend and reenact §33-31-16a of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-40-3 of said code, all relating to the financial oversight of entities regulated by the Insurance Commissioner; requiring captive insurance companies organized as risk retention groups to comply with risk-based capital for insurers’ provisions and a specific state rule; and incorporating a solvency trend test for property and casualty insurance companies.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Laird, Miller, Unger, Snyder, Fitzsimmons, Beach, Barnes, Stollings and Nohe:
Senate Bill No. 329--A Bill to amend and reenact §48-9-103 of the Code of West Virginia, 1931, as amended; and to amend and reenact §48-10-403 and §48-10-502 of said code, all relating to grandparent’s rights; permitting the grandparent or psychological parent to institute an action for custodial or decision-making responsibility of a child; allowing a guardian ad litem to recommend a psychological evaluation; increasing the importance of the factor considering the grandparent’s significant caretaking of the child; and minimizing a parent’s bias toward a grandparent as a factor.
Referred to the Committee on the Judiciary.
By Senators Unger, Beach, Williams and Nohe:
Senate Bill No. 330--A Bill to amend and reenact §15-5-6 and §15-5-19a of the Code of West Virginia, 1931, as amended, all relating to the Division of Homeland Security and Emergency Management; emergency powers of the Governor; possession of firearms during a declared state of emergency; prohibiting the seizure or confiscation of lawfully possessed firearms or the registration of such firearms or ammunition during a declared state of emergency; and providing remedies for violations of these provisions, including an action at law and awarding of attorney fees and costs for prevailing plaintiffs.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Kessler (Mr. President), Unger, Miller, Laird, D. Hall, Beach, Williams and Plymale:
Senate Bill No. 331--A Bill to amend and reenact §29-26-2, §29-26-5 and §29-26-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto eight new sections, designated §29-26-7, §29-26-8, §29-26-9, §29-26-10, §29-26-11, §29-26-12, §29-26-13 and §29-26-14, all relating to providing the West Virginia Courthouse Facilities Improvement Authority with the ability to issue bonds to raise funds for paying the costs of approved modifications or construction of courthouse facilities; defining terms; adding bond-related activities to the powers of the authority; providing that moneys from the West Virginia Courthouse Facilities Improvement Fund may be disbursed for payment of debt service on bonds; authorizing the authority to issue bonds; setting circumstances for bond issuance and potential terms of bonds; authorizing repayment of debt; permitting bonds be secured by trust agreement and setting certain parameters; permitting refunding bonds; clarifying that bonds by the authority are not a pledge of faith and credit of the state, county, municipality or other subdivision of the state; declaring bonds issued as negotiable instruments under the Uniform Commercial Code; exempting all bonds by the authority, as well as interest and income thereon, from taxation by the state or any subdivision; declaring that certain individuals have no personal liability in relation to issuance of bonds; and granting cumulative authority for exercising certain powers, including if no bonds are issued by the authority.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senator Yost:
Senate Bill No. 332--A Bill to amend and reenact §17-4-19 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17-17-7, §17-17-16 and §17-17-17 of said code, all relating to certification requirements for applicators who paint state bridges.
Referred to the Committee on Labor; and then to the Committee on Government Organization.
By Senators Sypolt, D. Hall and Williams:
Senate Bill No. 333--A Bill to amend and reenact §61-6-19 of the Code of West Virginia, 1931, as amended, relating to permitting persons who have been issued state licenses to carry concealed deadly weapons to carry those weapons on the grounds of the State Capitol Complex, except for the third and fourth floors of the east wing of Building One.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Yost and Edgell:
Senate Bill No. 334--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-3-22, relating to requiring onsite employees at certain public works construction projects to complete an Occupational Safety and Health Administration-approved ten-hour construction safety program prior to beginning work; civil penalties; and exemptions.
Referred to the Committee on Labor; and then to the Committee on the Judiciary.
By Senators Yost, Edgell and Fitzsimmons:
Senate Bill No. 335--A Bill to amend and reenact §16-2D-4 of the Code of West Virginia, 1931, as amended, relating to permitting certain hospitals to request an exemption from certificates of need for health care facilities in specific instances.
Referred to the Committee on Government Organization.
Senators Stollings and Kirkendoll offered the following resolution:
Senate Concurrent Resolution No. 3--Requesting the Division of Highways to name bridge number 3-3-2.96 on Route 3 in Boone County the "Army Sergeant Junior Elwood Dunlap Memorial Bridge".
Whereas, Sergeant Dunlap enlisted in the United States Army on January 1, 1949; and
Whereas, Sergeant Dunlap was captured during the Korean War while serving as a sergeant with Tank Company, Second Infantry Division’s 38th Regiment on November 1, 1950, the second in the famous Indian Head Division that was the hardest hit out of the Korean Battle Front; and
Whereas, Sergeant Dunlap was held captive for thirty-two months and returned home in August 1953 when he was twenty-four years old; and
Whereas, Sergeant Dunlap was married to Lillian Barrickman, raised four children and had nine grandchildren, six great-grandchildren and one great-great-grandchild; and
Whereas, Sergeant Dunlap spoke numerous times at high schools, universities and public events regarding his experiences in Korea and the honor of serving one’s country; and
Whereas, Sergeant Dunlap passed away at age seventy-seven on December 24, 2006; and
Whereas, It is fitting to honor Sergeant Dunlap for his commitment, dedication and service to his country and his state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 3-3-2.96 on Route 3 in Boone County the “Army Sergeant Junior Elwood Dunlap 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 "Army Sergeant Junior Elwood Dunlap Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of the late Sergeant Junior Elwood Dunlap.
Which, under the rules, lies over one day.
Senators Stollings, Green, D. Hall and Kirkendoll offered the following resolution:
Senate Concurrent Resolution No. 4--Requesting the Division of Highways to name the Falling Rock Bridge in Boone County, bridge number 3-1-8.75, the “James ‘Eddie’ Mooney Memorial Bridge”.
Whereas, James “Eddie” Mooney was born on December 19, 1958; and
Whereas, James “Eddie” Mooney lived in Ashford, Boone County, West Virginia; and
Whereas, James “Eddie” Mooney attended Sherman High School in Seth, West Virginia; and
Whereas, James “Eddie” Mooney was a loving husband to his high school sweetheart, Sheila Kirk Mooney, for thirty-three years; and
Whereas, James “Eddie” Mooney was a loving dad to his children Misty Case and Austin Mooney; and
Whereas, James “Eddie” Mooney loved life and loved to laugh; and
Whereas, James “Eddie” Mooney enjoyed taking his son hunting and fishing, and enjoyed camping and four wheeling; and
Whereas, James “Eddie” Mooney was a member of Rumble Community Baptist Church; and
Whereas, James “Eddie” Mooney was a lifelong coal miner; and
Whereas, James “Eddie” Mooney lost his life at the age of fifty-one, on April 5, 2010, in Raleigh County, one of the twenty-nine miners who died in the Upper Big Branch Mine disaster; and
Whereas, It is fitting and proper that the memory of James “Eddie” Mooney be honored by naming the Falling Rock Bridge in Boone County, bridge number 3-1-8.75, the “James ‘Eddie’ Mooney Memorial Bridge”; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the Falling Rock Bridge in Boone County, bridge number 3-1-8.75, the “James ‘Eddie’ Mooney Memorial Bridge”; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “James ‘Eddie’ Mooney Memorial Bridge”; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the surviving family of James “Eddie” Mooney.
Which, under the rules, lies over one day.
Senators Yost and Edgell offered the following resolution:
Senate Concurrent Resolution No. 5--Requesting the Division of Highways to name the Reader Bridge in Wetzel County, bridge number 52-48-0.01, the “Sgt. Norman R. Cunningham Memorial Bridge”.
Whereas, Sgt. Norman R. Cunningham was born on September 11, 1926, in Rymer, Marion County, West Virginia; and
Whereas, Sgt. Cunningham attended Pine Grove High School; and
Whereas, Sgt. Cunningham was drafted in 1944, at the age of 18, into the United States Army’s 77th Infantry Division; and
Whereas, Sgt. Cunningham became a member of the Army Air Corps and served during World War II until 1947, including at Okinawa and Yokohama, Japan; and
Whereas, During Sgt. Cunningham’s service in Japan, he attempted to save the lives of two young girls from drowning, and was recognized by the community for his efforts; and
Whereas, Sgt. Cunningham returned home and married Martha Lou Brown of Piney, West Virginia, on January 17, 1948; and
Whereas, Sgt. Cunningham reenlisted in the United States Air Force in 1951, and went on to serve in the Korean War with the 2750th Medical Group in France and the 75th Transport Squadron; and
Whereas, After leaving the military in 1953, Sgt. Cunningham worked for Consolidated Natural Gas for over thirty-five years until his retirement; and
Whereas, Sgt. Cunningham also operated a meat cutting, wrapping and storage business in Reader, and often provided his services free of charge to those who could not afford them; and
Whereas, In 1969, Sgt. Cunningham received an award from the American Red Cross for saving the life of a Reader, West Virginia, girl after nearly drowning in Fishing Creek, just below the Reader Bridge; and
Whereas, Sgt. Cunningham was known to all who knew and loved him as Mr. Haney, because he enjoyed buying, selling and trading anything and everything; and
Whereas, Sgt. Cunningham was an active member of Trinity United Methodist Church of Reader and a member of the Benton M. Lowe Post 81 American Legion of Pine Grove; and
Whereas, Sgt. Cunningham passed away in January, 2013, leaving behind his beloved wife, five children, thirteen grandchildren and fifteen great-grandchildren; and
Whereas, It is fitting and proper that the military service of Sgt. Cunningham, his service to the Reader community and his life-saving rescue under the Reader Bridge be honored by naming the Reader Bridge in Wetzel County, bridge number 52-48-0.01, the “Sgt. Norman R. Cunningham Memorial Bridge”; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the Reader Bridge in Wetzel County, bridge number 52-48-0.01, the “Sgt. Norman R. Cunningham Memorial Bridge”; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “Sgt. Norman R. Cunningham Memorial Bridge”; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the surviving family of Sgt. Norman R. Cunningham.
Which, under the rules, lies over one day.
Senators Plymale, Jenkins, Kessler (Mr. President), Unger, Snyder, Miller, Laird, Fitzsimmons, McCabe, D. Hall, Cole, Carmichael, Williams, Prezioso, Stollings and Chafin offered the following resolution:
Senate Resolution No. 15--Designating February 20, 2013, as “Marshall University Day”.
Whereas, The year 2013 marks the 176th anniversary of Marshall University, the oldest institution of higher education in West Virginia, founded in 1837 as Marshall Academy in honor of Chief Justice John Marshall; and
Whereas, Marshall University is one of the state’s premier institutions of higher education and educates more than 14,000 students at campuses in Huntington, Point Pleasant, South Charleston, Beckley, Logan and Gilbert; and
Whereas, Marshall University offers degrees at the associate, baccalaureate, master’s and doctoral levels; and
Whereas, Marshall University this year met its goal of raising $15 million in private donations for research which, along with the match from the Bucks for Brains West Virginia Research Trust Fund, has resulted in the creation of sixteen new research endowments and a fifteen percent increase in the university’s overall endowment; and
Whereas, Marshall University this year added 107 new professional students in its inaugural Physical Therapy and School of Pharmacy programs; and
Whereas, Marshall University has built a national reputation
for research in biotechnology, forensics and medicine; and
Whereas, With every dollar the state invests in Marshall University, the university generates nearly $20 spent in the West Virginia economy, resulting in an estimated economic output of $1.5 billion per year; and
Whereas, The Robert C. Byrd Institute for Advanced Flexible Manufacturing serves all fifty-five state counties providing expertise to manufacturers across West Virginia; and
Whereas, The Nick J. Rahall, II Appalachian Transportation Institute of Marshall University is setting national standards in transportation; and
Whereas, Marshall University’s Health Sciences train hundreds of West Virginians to serve as doctors, nurses, therapists and health technicians each year; and
Whereas, Marshall University graduates number nearly 91,000 across the globe; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 20, 2013, as “Marshall University Day”; and, be it
Further Resolved, That the Senate hereby recognizes Marshall University for its tremendous contributions to the State of West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Stephen J. Kopp, President of Marshall University.
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, at the request of Senator Jenkins, and by unanimous consent, returned to the second order of business and the introduction of guests.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 74, Replacing "other infamous offense" term relating to jury service disqualification.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent was granted to offer an amendment to the bill on third reading.
Thereupon, on motion of Senator Chafin, the following amendment to the bill was reported by the Clerk:
On page six, section five-a, after line eighty-six, by adding a new subsection, designated subsection (e), to read as follows:
(e) Upon the clerks’s receipt of the juror qualification questionnaires of persons selected as prospective petit jurors, he or she shall make the questionnaires of the persons so selected available, upon request, to counsel of record in the trial or trials for which the persons have been selected as prospective jurors.
Senator Sypolt arose to a point of order that Senator Chafin’s amendment to the bill (Eng. Com. Sub. for S. B. No. 74) was not germane to the bill.
Which point of order, the President ruled not well taken.
The question now being on the adoption of Senator Chafin’s amendment to the bill, the same was put and prevailed.
The bill, as just amended, was again ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 74 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 74) passed.
On motion of Senator Chafin, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Bill No. 74--A Bill to amend and reenact §52-1-5a and §52-1-8 of the Code of West Virginia, 1931, as amended, all relating to redefining the basis for disqualification of prospective jurors to include those who have been convicted of any crime punishable by imprisonment in excess of one year, perjury or false swearing; and requiring clerks to provide copies of certain juror qualification questionnaires to counsel of record upon request.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 116, Relating to crimes against property involving graffiti.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 116) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
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 Miller.
Thereafter, at the request of Senator Stollings, and by unanimous consent, the remarks by Senator Miller were ordered printed in the Appendix to the Journal.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Unger, the Senate adjourned until tomorrow, Thursday, February 21, 2013, at 11 a.m.
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