sdj-09th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2010
NINTH DAY
____________
Charleston, W. Va., Thursday, January 21, 2010
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Dr. Allen Reasons, Senior Minister,
Fifth Avenue Baptist Church, Huntington, West Virginia.
Pending the reading of the Journal of Wednesday, January 20,
2010,
On motion of Senator Boley, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4016--A Bill
to amend and
reenact §6B-2-6 and §6B-2-7 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §6B-3-2 of said code, all
relating to the Ethics Act; requiring public servants to disclose
additional information on financial disclosure statements; defining a new term; requiring the ethics commission to give public notice
of delinquent filing of statements; clarifying existing
requirements; and prohibiting certain public servants from becoming
a lobbyist during and for a period of one year following state
government employment.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
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 Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 282--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Energy to promulgate a legislative
rule relating to community development assessment and real property
valuation procedures for the Office of Coalfield Community
Development.
Referred to the Committee on Economic Development; then to the
Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 283--A Bill to amend and reenact article 6,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Fire Commission to promulgate a legislative rule relating to the State Fire Code.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 284--A Bill to amend and reenact article 6,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the 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 Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 285--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
facilities.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 286--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 Agriculture; and then to the
Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 287--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; then
to the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 288--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 distribution of state
aid funds to local boards of health.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 289--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 hospital ambulatory health care
facilities.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 290--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 nurse aid abuse
registry.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 291--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 use of state road rights-of-way
and adjacent areas.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 292--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 Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 293--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 the West Virginia Life and Health
Insurance Guaranty Association Act notice requirements.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 294--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 mental health parity.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 295--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 viatical settlements.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 296--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 the use of senior-specific
certifications and professional designations in the sale of life
insurance and annuities.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
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 State Board of Examiners for Licensed Practical
Nurses to promulgate a legislative rule relating to policies and
procedures for development and maintenance of educational programs
in practical nursing.
Referred to the Committee on Health and Human Resources; then
to the Committee on Government Organization; and then to the
Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
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 Board of Medicine to promulgate a legislative
rule relating to fees for services rendered by the board, including
assistance to the board-designated physician health program for
physicians, podiatrists and physician assistants.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 299--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,
restriction or nonrenewal of driving privileges.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 300--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 collection of tax on the sale of
a vehicle.
Referred to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 301--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 commercial whitewater outfitters.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 302--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 Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 303--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 Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
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 Occupational Therapy to promulgate a
legislative rule relating to administrative rules of the board and
licensure of occupational therapists and occupational therapy
assistants.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
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 Occupational Therapy to promulgate a
legislative rule relating to fees for services rendered by the
board.
Referred to the Committee on Government Organization; then to
the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
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 Occupational Therapy to promulgate a
legislative rule relating to continuing education and competence.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
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 Occupational Therapy to promulgate a
legislative rule relating to competency standards for advance
practice by occupational therapists and occupational therapy
assistants.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
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 Board of Occupational Therapy to promulgate a
legislative rule relating to ethical standards of practice.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
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 Board of Osteopathy to promulgate a legislative
rule relating to licensing procedures for osteopathic physicians.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
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 Board of Osteopathy to promulgate a legislative
rule relating to the formation and approval of professional limited
liability companies.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
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 Board of Osteopathy to promulgate a legislative
rule relating to fees for services rendered by the board.
Referred to the Committee on Government Organization; then to
the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 312--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 trustees of the Outdoor Heritage
Conservation Fund to promulgate a legislative rule relating to the
fund.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 313--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Personnel to promulgate a
legislative rule relating to the administration of the division.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
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 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 Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
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 Real Estate Appraiser Licensing and
Certification Board to promulgate a legislative rule relating to
renewal of licensure or certification.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
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 Secretary of State to promulgate a legislative
rule relating to early voting in person satellite precincts.
Referred to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
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 Secretary of State to promulgate a legislative
rule relating to the Vote-by-Mail Pilot Project Phase 1: Class IV
Early Voting by Mail.
Referred to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
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 Secretary of State to promulgate a legislative
rule relating to the Vote-by-Mail Pilot Project Phase 2: Voting by
Mail.
Referred to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 319--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 Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 320--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 Consumers Sales and Service Tax and Use Tax -
drugs, durable medical goods, mobility-enhancing equipment and
prosthetic devices per se exemption; and motor vehicles per se
exemption.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 321--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 residential solar energy tax credit.
Referred to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 322--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 Tourism to promulgate a legislative
rule relating to the direct advertising grants program.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Snyder, Prezioso, Unger, Boley and K.
Facemyer:
Senate Bill No. 323--A Bill to amend and reenact article 8,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Transportation to promulgate a
legislative rule relating to the valuation of used rolling stock
and equipment.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators McCabe, Browning, Kessler, D. Facemire, Wells,
Barnes, Jenkins, Chafin, White, Stollings, Plymale, Prezioso,
Palumbo and Oliverio:
Senate Bill No. 324--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §11-13AA-1, §11-13AA-2, §11-13AA-3 and §11-13AA-4; and
to amend and reenact §11-21-12 of said code, all relating to
establishing a tax credit for graduates of a higher education institution for a portion of the interest paid on student loans;
providing for the promulgation of rules by the State Tax
Commissioner for such purpose; establishing a modification reducing
federal adjusted gross income for recent graduates of higher
education institutions; and providing for the promulgation of rules
by the Tax Commissioner for such purpose.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Wells, D. Facemire, Williams, Yost, Sypolt,
Barnes, Unger, Jenkins, Minard, Chafin, Stollings and Prezioso:
Senate Bill No. 325--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18B-4-9, relating to providing services and facilities
to assist student veterans at state institutions of higher
education.
Referred to the Committee on Military; and then to the
Committee on Education.
By Senators Kessler and Laird:
Senate Bill No. 326--A Bill to amend and reenact §17C-5-7 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §17C-5A-1a, §17C-5A-2 and §17C-5A-2a of said code, all
relating generally to means of reviewing driver's license
revocation orders for driving a motor vehicle while under the
influence of alcohol, controlled substances or drugs.
Referred to the Committee on the Judiciary.
By Senators Prezioso, Foster, Jenkins, Minard, Caruth, Hall, Unger, Chafin, White, Stollings, Plymale and Wells:
Senate Bill No. 327--A Bill to repeal §16-41-7 of the Code of
West Virginia, 1931, as amended; and to amend and reenact §16-41-2,
§16-41-3, §16-41-4 and §16-41-6 of said code, all relating to the
establishment of the Office for Oral Health in the Bureau for
Public Health; creating a full-time director; establishing an
advisory board; and the responsibilities of the Office for Oral
Health.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senator Bowman:
Senate Bill No. 328--A Bill to amend and reenact §30-1-6 of
the Code of West Virginia, 1931, as amended, relating to
professional licensing boards; and the manner of providing notice
to licensees of proposed fee increases.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Foster, Jenkins, Prezioso, Yost, Unger, Plymale
and Wells:
Senate Bill No. 329--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §5-26-1 and §5-26-2, all relating to the creation of the
Herbert Henderson Office of Minority Affairs; establishing the
powers and duties of the office; providing for an executive
director, staff and office; requiring annual reports to the
Governor and the Joint Committee on Government and Finance; and creating a Minority Affairs Fund.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Kessler, Foster, Barnes, Browning, Deem, Jenkins,
Laird, Palumbo, Stollings, Williams, Yost, Unger, Minard, Chafin,
McCabe, Plymale, Prezioso and Wells:
Senate Bill No. 330--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new chapter,
designated §5I-1-1, §5I-1-2, §5I-1-3, §5I-1-4, §5I-1-5, §5I-1-6,
§5I-1-7, §5I-1-8, §5I-1-9, §5I-1-10 and §5I-1-11, all relating to
the codification of the West Virginia Partnership to Promote
Community Well-Being; duties and powers; membership; date by which
members must be appointed by the Governor; reporting dates;
creation of fund; operative dates; designation of partnership as
repository of data related to substance abuse; and rule-making
authority.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Foster:
Senate Bill No. 331--A Bill to amend and reenact §5-10-25 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §18-7A-25 of said code, all relating to qualifying for
total and permanent disability retirement in the West Virginia
Public Employees Retirement System and the State Teachers
Retirement System.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senator Foster:
Senate Bill No. 332--A Bill to amend and reenact §16-5V-2,
§16-5V-6, §16-5V-7, §16-5V-8, §16-5V-18, §16-5V-19, §16-5V-20 and
§16-5V-21 of the Code of West Virginia, 1931, as amended, all
relating to the Emergency Medical Services Retirement System Act;
modifying definitions; making technical changes; procedures for the
transfer of contributions; clarifying actuarial valuation period;
clarifying employer contribution amount; specifying procedures for
the correction of errors; providing onset date for receipt of
disability benefits; and providing for the termination of
disability benefits when a retirant refuses to submit to a medical
examination or provide certification from a physician of continued
disability.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Foster:
Senate Bill No. 333--A Bill to amend and reenact §7-14D-7 of
the Code of West Virginia, 1931, as amended, relating to the
authority of the West Virginia Consolidated Public Retirement Board
to determine the participating employer contribution rate for the
Deputy Sheriff Retirement System.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Williams and White:
Senate Bill No. 334--A Bill to amend and reenact §3-6-4a of the Code of West Virginia, 1931, as amended, relating to elections;
requiring write-in candidates for public office to pay a filing fee
for the office sought; and providing for distribution of the fee in
the same manner as other candidates.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
Senators Wells, Williams, Yost, Sypolt, D. Facemire, Barnes,
Unger, Jenkins, Minard, Chafin, White and Stollings offered the
following resolution:
Senate Concurrent Resolution No. 4--Requesting the Joint
Committee on Government and Finance to continue studying the needs,
challenges, and issues facing West Virginia veterans returning from
recent service and those generations that have served before for
the purpose of making recommendations on how the State of West
Virginia can better assist them in getting the care and
opportunities they deserve.
Whereas, The State of West Virginia's Legislative Select
Committee on Veterans' Affairs has been continuously receiving
testimony from veterans, local health care providers, social
workers, and educational services personnel identifying the current
state of affairs in post-deployment services available to veterans;
and
Whereas, The testimony the committee has received illustrates
that many veterans were either dissatisfied with or unable to
receive the treatment options that are currently available or that
they may be eligible for; and
Whereas, Veterans recently returning from active duty are
facing struggles, injuries, and mental and physical health care
issues that are unprecedented and are not being fully addressed by
current services; and
Whereas, The federal and state veterans care facilities, many
public and private medical care facilities, and volunteer
organizations are becoming inundated with the influx of veterans in
need of care; and
Whereas, President Barack Obama's administration's committed
troop increase to Afghanistan will most likely increase the need
for additional veterans benefits and services that are already
stretched thin to handle the influx of returning soldiers; and
Whereas, Many of the state's institutions of higher learning
have begun offering programs directed at providing veterans with
assistance including financial assistance, campus counseling, and
aid in the transition from military life to student life; and
Whereas, In 2009, the Legislative Select Committee on
Veterans' Affairs distributed a survey questionnaire to the state's
institutions of higher education in an effort to quantify the
overall veteran friendliness of their campus' and veteran
educational opportunities;
Whereas, The West Virginia Higher Education Policy Commission
has established a Veterans Initiative Task Force to help expand
educational benefits and services among the state's institutions of
higher education; and
Whereas, The Veterans Initiative Task Force consists of higher education professionals, veterans benefits coordinators, and state
agency representatives; and
Whereas, The Legislative Select Committee on Veterans' Affairs
has asked The Veterans Initiative Task Force to periodically make
policy and legislative recommendations based on their findings; and
Whereas, Generations of veterans from all services have called
West Virginia home as West Virginia has one of the highest numbers
of active duty and injured soldiers per capita in the nation; and
Whereas, It is important that all eligible veterans receive
the services, treatment, and care they so richly deserve for
volunteering their lives to the protection of this country and its
institutions; and
Whereas, The State of West Virginia should remain committed to
showing its gratitude of these service men and women by continuing
its endeavor of developing and enhancing services directed at
providing eligible veterans with healthcare services and education
opportunities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to continue studying the needs, challenges, and issues
facing West Virginia veterans returning from recent service and
those generations that have served before for the purpose of making
recommendations on how the State of West Virginia can better assist
them in getting the care and opportunities they deserve; and, be it
Further Resolved, that the Joint Committee on Government and
Finance report to the regular session of the Legislature, 201
1
, on its findings, conclusions and recommendations together with drafts
of any legislation to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report, and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators Williams, Barnes and Sypolt offered the following
resolution:
Senate Concurrent Resolution No. 5--Requesting the bridge
crossing the Shavers Fork River at Parsons in Tucker County, West
Virginia, specifically bridge number 47-219-8.25, be named the
"Sheriff O. Gay Hovatter Memorial Bridge."
Whereas, Sheriff O. Gay Hovatter was born in Tucker County,
West Virginia in 1895. He served the Auviltown and Parsons
communities in Tucker County as a merchant for twenty-five years
and opened the state liquor store in Parsons, managing it until
1943; and
Whereas, Sheriff O. Gay Hovatter was an outstanding organizer
and citizen in the community, serving in the United States Army
during World War I in the field artillery. He was a commander of
the American Legion Cheat Valley Post 101 and was the first
commander and organizer of the General Garnett Post 4322 of the
Veterans of Foreign Wars. He was a member of the Pythagoras Lodge
No. 128, Ancient Free and Accepted Masons, Order of Eastern Star
No. 91 and Independent Order of Odd Fellows, Parsons Lodge No. 99; and
Whereas, Sheriff O. Gay Hovatter was elected sheriff of Tucker
County in 1944. He was killed in the line of duty on September 9,
1946, along with Sergeant Horne of the West Virginia State Police
while attempting to arrest one Mark McCauley in Mineral County for
stealing a truck. McCauley shot both officers with a .38 revolver.
Sergeant Horne died within ten minutes. Sheriff O. Gay Hovatter
died en route to the hospital. McCauley was captured the next day
and was subsequently convicted of the murder of the two officers.
He then had the dubious distinction of being the last person hanged
at the West Virginia Penitentiary prior to the introduction of the
electric chair at that institution. Sheriff O. Gay Hovatter was
one of three law-enforcement officers killed in the line of duty in
Tucker County. He served his community, state and country with
distinction, making the supreme sacrifice as the chief
law-enforcement officer of his home county. The Parsons City
Council believes that it is fit and proper to honor the
achievements and sacrifice of Sheriff O. Gay Hovatter by naming a
new bridge after him; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 47-219-8.25 crossing the Shavers Fork River in the
city limits of Parsons in Tucker County, West Virginia, "Sheriff O.
Gay Hovatter Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of
Highways is hereby requested to cause to be fabricated signs to be erected at each entryway of the bridge, containing bold and
prominent letters proclaiming the bridge to be named the "Sheriff
O. Gay Hovatter Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate forward a
certified copy of this resolution to the Commissioner of the
Division of Highways and the Parsons City Council.
Which, under the rules, lies over one day.
Senator Chafin offered the following resolution:
Senate Concurrent Resolution No. 6--Requesting the Division of
Highways to name bridge number 10473, located in Mingo County, the
"Matoma C. Sansom Memorial Bridge".
Whereas, Matoma C. Sansom was born and raised in Red Jacket,
West Virginia, the daughter of the late Carl and Fannie Wooten; and
Whereas, Matoma C. Sansom was the widow of the late Gaston
Sansom; and
Whereas, Matoma C. Sansom was the proud mother of five
children, Ronnie, Harry, Donald, Brenda and Lisa, and the hero to
ten grandchildren and ten great grandchildren; and
Whereas, Matoma C. Sansom was a friend to everyone in her
community and was an active member of Calista Boyd #104 Order of
the Eastern Star for sixty years and served as secretary for twenty
years; and
Whereas, Matoma C. Sansom was a cherished member of her
community, having dedicated much of her life to helping others in
need, and performing a countless number of charitable acts for the
betterment of Red Jacket; and
Whereas, Matoma C. Sansom was active member of the North
Matewan Church of Christ; and
Whereas, Sadly, Matoma C. Sansom passed on February 14, 2009,
leaving behind her beloved family and friends to cherish her
memory; and
Whereas, It is fitting, to honor the memory of Matoma C.
Sansom, that bridge number 10473, located in Mingo County, be named
the "Matoma C. Sansom Memorial Bridge"; therefore, be it
Resolved by the Senate:
That the Legislature hereby requests the Division of Highways
to name bridge number 10473, located in Mingo County, the "Matoma
C. Sansom 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 "Matoma C. Sansom 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 Matoma C.
Sansom.
Which, under the rules, lies over one day.
Senators Palumbo, Barnes, Unger, Jenkins, Minard, Williams,
White, Yost, Kessler, Stollings, McCabe, Plymale and Wells offered
the following resolution:
Senate Resolution No. 5--Designating Thursday, January 21,
2010, as "Generation West Virginia Day".
Whereas, Generation West Virginia is a statewide movement committed to cultivating and engaging young talent, those
twenty-one to forty-five; and
Whereas, The retention, recruitment, and advancement of young
talent is critical to the future of our state's economy,
communities and intellectual infrastructure; and
Whereas, This broad-based collaboration of young leaders
within Generation West Virginia involves individuals from all walks
of life, careers, and communities are committed to a positive and
strong present and future for our great state; and
Whereas, Those twenty-one to forty-five years of age in West
Virginia include more than 600,000 of our state's population and
represent our state's future base of workers, dreamers, innovators,
educators, entrepreneurs, leaders and most importantly our hope for
a successful future; and
Whereas, These young leaders are not just the future of our
state, but the rising leaders of today who will make it possible
for West Virginia to compete successfully with the world; and
Whereas, By working to make our state attractive for young
talent, it is possible to prevent the historic "brain drain" from
continuing and build a strong future for our state to become a
global leader; therefore, be it
Resolved by the Senate:
That the Senate hereby designates Thursday, January 21, 2010,
as "Generation West Virginia Day" in the Mountain State and
encourages all citizens to join the Senate in this observance; and,
be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this Resolution to representatives of
Generation West Virginia Day.
.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
At the request of Senator Helmick, unanimous consent being
granted, Senator Helmick offered the following resolution from the
floor:
Senate Resolution No. 6--
Authorizing the appointment of
employees for the Senate for the two thousand ten regular sixty-day
session of the seventy-ninth Legislature, commencing Wednesday,
January 13, 2010, and payment of their compensation.
Resolved by the Senate:
That the Clerk of the Senate, with the approval of the
President of the Senate, or the President of the Senate is hereby
authorized to appoint employees to receive the per diem
compensation, as herein provided, during this regular sixty-day
session of the seventy-ninth Legislature, and any extension thereof
as follows:
Twenty-six Class I secretaries at a rate of sixty-five dollars
to eighty-two dollars per diem;
Ten Class II secretaries at a rate of sixty-seven dollars to
eighty-six dollars per diem;
Seven Class III secretaries at a rate of sixty-nine dollars to
seventy-six dollars per diem;
Eight Class IV secretaries at a rate of seventy-one dollars to
seventy-nine dollars per diem;
Seven legislative analysts at a rate of sixty dollars to
eighty-four dollars per diem;
Thirteen legal counselors at a rate of one hundred eighty
dollars to two hundred twenty-five dollars per diem; assignments
and salary to be determined by the President of the Senate;
Two bill and journal clerks to the Senate Clerk at a rate of
sixty-five dollars to seventy-one dollars per diem;
One journal room supervisor at a rate of one hundred seven
dollars per diem;
One assistant journal room supervisor at a rate of eighty-one
dollars per diem;
Nine journal and bill room clerks at a rate of sixty dollars
to seventy-four dollars per diem;
One Sergeant at Arms at a rate not to exceed one hundred
fifty-five dollars per diem;
One chief assistant Sergeant at Arms at a rate of seventy-four
dollars per diem;
Six assistants to the Sergeant at Arms at a rate of fifty-five
dollars to seventy-three dollars per diem;
One Doorkeeper at a rate not to exceed one hundred twelve dollars per diem;
One chief assistant Doorkeeper at a rate of seventy-two
dollars per diem;
Eight assistants to the Doorkeeper at a rate of fifty-five
dollars to sixty-nine dollars per diem;
One information clerk at a rate of seventy-six dollars per
diem (thirty-eight dollars per diem paid by House of Delegates);
Seven messengers at a rate of fifty-five dollars to sixty-six
dollars per diem;
One head page at a rate of sixty-five dollars per diem;
One assistant head page at a rate of sixty dollars per diem;
One recording system operator at a rate of eighty-three
dollars per diem;
One duplicating machine operator at a rate of sixty-four
dollars per diem;
One parking coordinator at a rate of ninety-seven dollars per
diem (forty-eight dollars and fifty cents per diem paid by House of
Delegates);
The Clerk of the Senate, with the approval of the President of
the Senate, or the President of the Senate shall have authority to
employ such per diem staff personnel during any session of the
Legislature as shall be needed in addition to staff personnel
authorized by this Senate resolution adopted during any such
session. The Clerk of the Senate, with the approval of the
President of the Senate, or the President of the Senate shall have
authority to employ such staff personnel between sessions of the Legislature as shall be needed, the compensation of all staff
personnel during and between sessions of the Legislature,
notwithstanding any such Senate resolution, to be fixed by the
President of the Senate. In all such cases, the Clerk of the
Senate, with the approval of the President of the Senate, or the
President of the Senate shall have authority to supervise and
dismiss such staff personnel
; and, be it
Further Resolved, That the appointment of salaried full-time
employees of the Senate for the year two thousand ten and their
compensation, at the following amounts per month, for such periods
of time as they are employed in the positions designated, is hereby
authorized, as follows:
Clerk$7,729.17
Assistant Clerk 4,854.17
Administrative Assistant to Clerk 3,041.67
Executive Secretary to Clerk 3,041.67
Fiscal Officer 4,125.00
Assistant Fiscal Officer 3,208.34
Administrative Secretary 2,958.34
Technical Support 2,541.67
Administrative Assistant to President 5,645.84
Administrative Assistant to President 3,625.00
Executive Secretary to President 2,166.67
Communications Director4,166.67
Secretary to Majority Leader 2,166.67
Secretary to Minority Leader 2,270.84
Deputy Clerk 4,854.17
Chief Journal Clerk 3,645.84
Associate Journal Clerk 3,208.34
Bill Clerk 2,895.84
Bill History Clerk 2,291.67
Counsel to Education Committee 6,083.34
Counsel to Finance Committee 5,833.34
Counsel to Health and Human Resources Committee 5,770.84
Counsel to Judiciary Committee 6,833.34
Counsel to Judiciary Committee 5,458.34
Counsel to President 7,041.67
Budget Analyst to Finance Committee 4,250.00
Legislative Analyst to Education Committee 2,500.00
Legislative Analyst to
Government Organization Committee 2,937.50
Legislative Analyst to Judiciary Committee 2,541.67
Secretary-Analyst to
Health and Human Resources Committee 2,750.00
Secretary to Government Organization Committee 2,520.84
Secretary to Judiciary Committee 2,520.84
Secretary to Judiciary Committee 2,500.00
Secretary to Finance Committee Chairman 3,000.00
Supervisor, Materials and Supplies 3,645.84
Purchasing and Procurement Clerk 3,000.00
Mail/Supply Clerk 2,770.84
Chief Custodian 3,104.17
Custodian 2,000.00
Custodian 1,541.67
The Clerk of the Senate, with the approval of the President of
the Senate, or the President of the Senate shall have authority to
employ such full-time staff personnel during any session of the
Legislature as shall be needed in addition to staff personnel
authorized by this Senate resolution adopted during any such
session. The Clerk of the Senate, with the approval of the
President of the Senate, or the President of the Senate shall have
authority to employ such staff personnel between sessions of the
Legislature as shall be needed, the compensation of all staff
personnel during and between sessions of the Legislature,
notwithstanding any such Senate resolution, to be fixed by the
President of the Senate.
In all such cases, the Clerk of the
Senate, with the approval of the President of the Senate, or the
President of the Senate shall have authority to supervise and
dismiss such staff personnel.
At the request of Senator Helmick, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Chafin.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, January 22, 2010, at 11 a.m.
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