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WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2010
THIRTEENTH DAY
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Charleston, W. Va., Monday, January 25, 2010
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Dr. Bill Ellis, Minister at
Large, Teays Valley Church of God, Scott Depot, West Virginia.
Senator Tomblin (Mr. President) called attention to today
being the eightieth birthday of the Reverend Dr. Bill Ellis and on
behalf of the Senate extended felicitations and good wishes to
Reverend Ellis, with Senator Barnes leading the members in singing
"Happy Birthday".
Pending the reading of the Journal of Friday, January 22,
2010,
On motion of Senator Jenkins, 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 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 Kessler, Foster, Barnes, Browning, Deem, Laird,
Palumbo, Stollings, Williams, Yost, Unger, Wells and Plymale:
Senate Bill No. 340--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §62-16-1, §62-16-2, §62-16-3, §62-16-4, §62-16-5, §62-
16-6, §62-16-7, §62-16-8, §62-16-9, §62-16-10, §62-16-11, §62-16-
12, §62-16-13, §62-16-14, §62-16-15 and §62-16-16, all relating to
the enactment of the Uniform Collateral Consequences of Conviction
Act; limitations on the scope of the act; identification,
collection and publication of collateral consequences by the
Attorney General; pretrial notice of collateral consequences;
notice of collateral consequences at sentencing and upon release;
authorization to impose a collateral sanction or disqualification;
effect of out-of-state convictions; effect of pardoned or vacated
convictions; petitions for relief from collateral consequences;
certificates of restoration of rights; exemptions from orders or
certificates; issuance of orders or certificates; reliance on order
or certificate as evidence of due care; victim's rights; and
uniformity of application and construction of article.
Referred to the Committee on the Judiciary.
By Senators Kessler, Foster, Barnes, Browning, Deem, Jenkins,
Laird, Palumbo, Stollings, Williams, Yost, Unger and Plymale:
Senate Bill No. 341--A Bill to amend and reenact §17C-5A-3 of
the Code of West Virginia, 1931, as amended, relating to creation
of a special revenue fund known as the Department of Health and
Human Resources Safety and Treatment Fund; control and use of the
fund; and transferring to the Department of Health and Human
Resources all employees, records responsibilities, obligations,
assets and property of the Division of Motor Vehicles with respect
to the safety and treatment program to the Department of Health and
Human Resources.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Kessler, Foster, Barnes, Browning, Deem, Jenkins,
Laird, Palumbo, Stollings, Williams, Yost, Chafin, Unger and
Plymale:
Senate Bill No. 342--A Bill to amend and reenact §25-1-15 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §62-12-13 of said code, all relating to the Division of
Corrections; criminal procedure; and criminogenic risk and needs
assessments.
Referred to the Committee on the Judiciary.
By Senators White, Kessler, Foster and Wells:
Senate Bill No. 343--A Bill to amend and reenact §18-8-1, §18-
8-1a and §18-8-4 of the Code of West Virginia, 1931, as amended,
all relating to compulsory school attendance; increasing the minimum age for ending compulsory school attendance to age
seventeen; and reducing to five the number of days of unexcused
absences at which proceedings to enforce attendance begin.
Referred to the Committee on Education.
By Senators Unger, Fanning, Jenkins, Plymale, K. Facemyer and
Chafin:
Senate Bill No. 344--A Bill to amend and reenact §17A-3-14 of
the Code of West Virginia, 1931, as amended, relating to
authorizing the Division of Motor Vehicles to issue special license
plates for members of certain organizations upon approval of the
commissioner; establishing requirements for eligible organizations;
assessing a special initial application fee and a special annual
fee; discontinuance of a specialty plate; and establishing a
minimum number of applications for the special plates prior to the
design and production of the plates.
Referred to the Committee on Transportation and
Infrastructure.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 345--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-13B-19, relating to requiring a study of the
telecommunications tax; authorizing the Tax Commissioner to order
the disclosure of certain information; exempting certain information received by the Tax Commissioner from the West Virginia
Freedom of Information Act; prohibiting the disclosure of certain
information received by the Tax Commissioner; providing for
criminal and civil penalties; defining terms; and authorizing the
Tax Commissioner to promulgate rules and emergency rules.
Referred to the Committee on Finance.
By Senators Prezioso, Foster, Jenkins, Stollings, Unger,
Boley, Caruth, Kessler, Laird, Wells and Plymale:
Senate Bill No. 346--A Bill to amend and reenact §16-1A-1,
§16-1A-2, §16-1A-3 and §16-1A-5 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto five new
sections, designated §16-1A-6, §16-1A-7, §16-1A-8, §16-1A-9 and
§16-1A-10, all relating to credentialing of health care
practitioners; establishing a single statewide credentialing
verification organization; setting forth legislative findings;
defining key terms; providing for contracting authority; setting
forth an application process; providing for the confidentiality of
information; setting forth legislative rule-making authority;
providing for the establishment of fees and penalties; and granting
immunity to credentialing entity for reliance upon information
provided by the statewide credentialing verification organization.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Banking and Insurance.
Senator Snyder offered the following resolution:
Senate Concurrent Resolution No. 8--Requesting the Joint
Committee on Government and Finance study issues implicated in
gubernatorial succession when a vacancy in the office of Governor
occurs due to death, conviction on impeachment, failure to qualify,
resignation or other disability.
Whereas, The West Virginia Constitution provides in Article
VII, Section 16:
In case of the death, conviction on impeachment,
failure to qualify, resignation, or other disability of
the governor, the president of the senate shall act as
governor until the vacancy is filled, or the disability
removed; and if the president of the senate, for any of
the above named causes, shall become incapable of
performing the duties of governor, the same shall devolve
upon the speaker of the house of delegates; and in all
other cases where there is no one to act as governor, one
shall be chosen by joint vote of the legislature.
Whenever a vacancy shall occur in the office of governor
before the first three years of the term shall have
expired, a new election for governor shall take place to
fill the vacancy; and
Whereas, Situations may arise where additional constitutional
or statutory procedures may be needed or useful in providing a
smooth transition in case of a vacancy in the office of Governor; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study issues implicated in gubernatorial succession
when a vacancy in the office of Governor occurs due to death,
conviction on impeachment, failure to qualify, resignation or other
disability; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2011, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance
Which, under the rules, lies over one day.
Senators Prezioso, Unger, Williams, Kessler, Edgell, McCabe,
Wells and Plymale offered the following resolution:
Senate Resolution No. 7--
Recognizing Fairmont State University
for its academic excellence and commitment to higher education.
Whereas, Fairmont State University was founded in 1865; and
Whereas, Fairmont State University has served for nearly one
and a half centuries as an institution of opportunity for first generation college students; and
Whereas, More than 90 percent of Fairmont State University's
students are West Virginia residents; and
Whereas, Fairmont State University students hail from 52 of
the state's 55 counties; and
Whereas, Fairmont State University has established service
locations in multiple locations throughout North Central West
Virginia, including its main campus in Fairmont, the Gaston
Caperton Center in Clarksburg, the Robert C. Byrd National
Aerospace Education Center in Bridgeport, and the Braxton County
Higher Education Center; and
Whereas, Fairmont State University offers nationally-
accredited programs in high-demand fields such as teacher
preparation, nursing, and engineering-technology, and its graduates
consistently score well on national licensure exams; and
Whereas, Fairmont State University Accounting alumni
frequently receive the highest score on the CPA exam and FSU
faculty members have been named twice in recent years as the
Outstanding Educator of the Year by the West Virginia Society of
CPAs; and
Whereas, Fairmont State University offers many unique
programs, including National Security and Intelligence, Folklore
Studies, and Aviation; and
Whereas, Fairmont State University has a strong track record in placing alumni in graduate and professional programs; and
Whereas, More than 85 percent of Fairmont State University's
graduates report that they live and work in West Virginia; and
Whereas, Fairmont State University's Frank and Jane Gabor West
Virginia Folklife Center is dedicated to the identification,
preservation, and perpetuation of our region's rich cultural
heritage, through academic studies, educational programs, festivals
and performances, and publications; and
Whereas, Fairmont State University has worked to preserve the
oral history of West Virginians through the original theatre
production "Remembering #9: Stories from the Farmington Mine
Disaster," participation in the World War II Veterans History
Project and the creation of the Mountain State Storytelling
Institute; and
Whereas, Fairmont State University has built connections to
the international roots of the state through the "Roads to
Appalachia" study and travel abroad program and a student exchange
program with the University of Calabria in Italy; and
Whereas, Fairmont State University provides a solid return on
investment for the state dollars appropriated to the institution;
therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes Fairmont State University
for its academic excellence and commitment to higher education; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the President of Fairmont State
University, Thomas L. Krepel.
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
proceeded to the seventh order of business.
Senate Concurrent Resolution No. 7, Requesting DOH name bridge
in Woodville, Lincoln County, "Private First Class Karol Clay
Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senator Snyder.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, January 26, 2010, at 11 a.m.
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