sdj-14th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2011
FOURTEENTH DAY
____________
Charleston, W. Va., Tuesday, January 25, 2011
The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)
Prayer was offered by the Reverend Matt Friend, Executive
Pastor, Randolph Street Baptist Church, Charleston, West Virginia.
Pending the reading of the Journal of Monday, January 24,
2011,
On motion of Senator Barnes, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments, as amended
by the House of Delegates, passage as amended, with its House of
Delegates amended title, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments
to the Senate amendments, as to
Eng. House Bill No. 2001 Providing that inmates serving life
sentences shall be considered for parole only once every three years.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the Senate
amendments to the bill were reported by the Clerk:
On page one, by striking out everything after the article
heading and inserting in lieu thereof the following:
§62-12-13. Powers and duties of board; eligibility for parole;
procedure for granting parole.
(a) The board of parole, whenever it is of the opinion that
the best interests of the state and of the inmate will be served,
and subject to the limitations hereinafter provided, shall release
any inmate on parole for terms and upon conditions as are provided
by this article.
(b) Any inmate of a state correctional center is eligible for
parole if he or she:
(1)(A) Has served the minimum term of his or her indeterminate
sentence or has served one fourth of his or her definite term
sentence, as the case may be; or
(B) He or she:
(i) Has applied for and been accepted by the Commissioner of
Corrections into an accelerated parole program;
(ii) Does not have a prior criminal conviction for a felony
crime of violence against the person, a felony offense involving
the use of a firearm, or a felony offense where the victim was a
minor child;
(iii) Has no record of institutional disciplinary rule
violations for a period of one hundred twenty days prior to parole
consideration unless the requirement is waived by the commissioner;
(iv) Is not serving a sentence for a crime of violence against
the person, or more than one felony for a controlled substance
offense for which the inmate is serving a consecutive sentence, a
felony offense involving the use of a firearm, or a felony offence
where the victim was a minor child; and
(v) Has successfully completed a rehabilitation treatment
program created with the assistance of a standardized risk and
needs assessment;
(I) As used in this paragraph section "felony crime of
violence against the person" means felony offenses set forth in
articles two, three-e, eight-b or eight-d of chapter sixty-one of
this code; and
(II) As used in this paragraph section "felony offense where
the victim was a minor child" means any felony crime of violence
against the person and any felony violation set forth in article
eight, eight-a, eight-c or eight-d of chapter sixty-one of this
code.
(C) Notwithstanding any provision of this code to the
contrary, any person who committed, or attempted to commit a felony
with the use, presentment or brandishing of a firearm, is not
eligible for parole prior to serving a minimum of three years of
his or her sentence or the maximum sentence imposed by the court,
whichever is less: Provided, That any person who committed, or attempted to commit, any violation of section twelve, article two,
chapter sixty-one of this code, with the use, presentment or
brandishing of a firearm, is not eligible for parole prior to
serving a minimum of five years of his or her sentence or one third
of his or her definite term sentence, whichever is greater. Nothing
in this section paragraph applies to an accessory before the fact
or a principal in the second degree who has been convicted as if he
or she were a principal in the first degree if, in the commission
of or in the attempted commission of the felony, only the principal
in the first degree used, presented or brandished a firearm. A
person is not ineligible for parole under the provisions of this
subdivision paragraph because of the commission or attempted
commission of a felony with the use, presentment or brandishing of
a firearm unless that fact is clearly stated and included in the
indictment or presentment by which the person was charged and was
either: (i) Found by the court at the time of trial upon a plea of
guilty or nolo contendere; or (ii) found by the jury, upon
submitting to the jury a special interrogatory for such purpose if
the matter was tried before a jury; or (iii) found by the court, if
the matter was tried by the court without a jury.
For the purpose of this section, the term "firearm" means any
instrument which will, or is designed to, or may readily be
converted to, expel a projectile by the action of an explosive,
gunpowder or any other similar means.
(D) The amendments to this subsection adopted in the year
1981:
(i) Apply to all applicable offenses occurring on or after
August 1 of that year;
(ii) Apply with respect to the contents of any indictment or
presentment returned on or after August 1 of that year irrespective
of when the offense occurred;
(iii) Apply with respect to the submission of a special
interrogatory to the jury and the finding to be made thereon in any
case submitted to the jury on or after August 1 of that year or to
the requisite findings of the court upon a plea of guilty or in any
case tried without a jury: Provided, That the state gives notice in
writing of its intent to seek such finding by the jury or court, as
the case may be, which notice shall state with particularity the
grounds upon which the finding will be sought as fully as such
grounds are otherwise required to be stated in an indictment,
unless the grounds therefor are alleged in the indictment or
presentment upon which the matter is being tried; and
(iv) Does not apply with respect to cases not affected by the
amendments and in such cases the prior provisions of this section
apply and are construed without reference to the amendments.
(1) Insofar as the amendments relate to mandatory sentences
restricting the eligibility for parole, all matters requiring a
mandatory sentence shall be proved beyond a reasonable doubt in all
cases tried by the jury or the court;
(2) Is not in punitive segregation or administrative
segregation as a result of disciplinary action;
(3) Has maintained a record of good conduct in prison for a period of at least three months immediately preceding the date of
his or her release on parole;
(4) Has prepared and submitted to the board a written parole
release plan setting forth proposed plans for his or her place of
residence, employment and, if appropriate, his or her plans
regarding education and post-release counseling and treatment. The
Commissioner of Corrections or his or her designee shall review the
plan to be reviewed and investigated and provide recommendations to
the board as to the suitability of the plan: Provided, That in
cases in which there is a mandatory thirty-day notification period
required prior to the release of the inmate, pursuant to section
twenty-three of this article, the board may conduct an initial
interview and deny parole without requiring the development of a
plan. In the event the board does not believe parole should be
denied, it may defer a final decision pending completion of an
investigation and receipt of recommendations. Upon receipt of the
plan together with the investigation and recommendation, the board,
through a panel, shall make a final decision regarding the granting
or denial of parole; and
(5) Has satisfied the board that if released on parole he or
she will not constitute a danger to the community.
(c) Except in the case of a person serving a life sentence, no
person who has been previously twice convicted of a felony may be
released on parole until he or she has served the minimum term
provided by law for the crime for which he or she was convicted. A
person sentenced for life may not be paroled until he or she has served ten years, and a person sentenced for life who has been
previously twice convicted of a felony may not be paroled until he
or she has served fifteen years: Provided, That a person convicted
of first degree murder for an offense committed on or after June
10, 1994, is not eligible for parole until he or she has served
fifteen years.
(d) In the case of a person sentenced to any state
correctional center, it is the duty of the board, as soon as a
person becomes eligible, to consider the advisability of his or her
release on parole.
(e) If, upon consideration, parole is denied, the board shall
promptly notify the inmate of the denial. The board shall, at the
time of denial, notify the person inmate of the month and year he
or she may apply for reconsideration and review. The board shall at
least once a year reconsider and review the case of every inmate
who was denied parole and is still eligible: Provided, That the
board may reconsider and review parole eligibility anytime within
three years following the denial of parole of an inmate serving a
life sentence with the possibility of parole.
(f) Any person serving a sentence on a felony conviction who
becomes eligible for parole consideration prior to being
transferred to a state correctional center may make written
application for parole. The terms and conditions for parole
consideration established by this article apply to such inmates.
(g) The board shall, with the approval of the Governor, adopt
rules governing the procedure in the granting of parole. No provision of this article and none of the rules adopted hereunder
are intended or may be construed to contravene, limit or otherwise
interfere with or affect the authority of the Governor to grant
pardons and reprieves, commute sentences, remit fines or otherwise
exercise his or her constitutional powers of executive clemency.
(h) The Division of Corrections shall promulgate policies and
procedures for developing a rehabilitation treatment plan created
with the assistance of a standardized risk and needs assessment.
The policies and procedures shall include, but not be limited to,
policy and procedures for screening and selecting inmates for
rehabilitation treatment and development and use of standardized
risk and needs assessment tools. An inmate shall not be paroled
solely due to having successfully completed a rehabilitation
treatment plan but completion of all the requirements of a
rehabilitation parole plan along with compliance with the
requirements of subsection (b) of this section shall create a
rebuttable presumption that parole is appropriate. The presumption
created by this subsection may be rebutted by a Parole Board
finding that at the time parole release is sought the inmate still
constitutes a reasonable risk to the safety or property of other
persons if released. Nothing in subsection (b) of this section or
in this subsection may be construed to create a right to parole.
(i) Notwithstanding the provisions of subsection (b) of this
section, the Parole Board may, in its discretion, grant or deny
parole to an inmate against whom a detainer is lodged by a
jurisdiction other than West Virginia for service of a sentence of incarceration, upon a written request for parole from the inmate.
A denial of parole under this subsection shall preclude
consideration for a period of one year or until the provisions of
subsection (b) of this section are applicable.
(j) Where an inmate is otherwise eligible for parole pursuant
to subsection (b) of this section but the Parole Board determines
that the inmate should participate in an additional program or
complete an assigned task or tasks prior to actual release on
parole, the board may grant parole contingently, effective upon
successful completion of the program or assigned task or tasks,
without the need for a further hearing. The Commissioner of
Corrections shall provide notice to the Parole Board of the
imminent release of a contingently paroled inmate to effectuate
appropriate supervision.
(k) The Division of Corrections is charged with the duty of
supervising all probationers and parolees whose supervision may
have been undertaken by this state by reason of any interstate
compact entered into pursuant to the uniform act for out-of-state
parolee supervision.
(l)(1) When considering an inmate of a state correctional
center for release on parole, the Parole Board panel considering
the parole is to have before it an authentic copy of or report on
the inmate's current criminal record as provided through the West
Virginia State Police, the United States Department of Justice or
other reliable criminal information sources and written reports of
the warden or superintendent of the state correctional center to which the inmate is sentenced:
(A) On the inmate's conduct record while in custody, including
a detailed statement showing any and all infractions of
disciplinary rules by the inmate and the nature and extent of
discipline administered therefor;
(B) On improvement or other changes noted in the inmate's
mental and moral condition while in custody, including a statement
expressive of the inmate's current attitude toward society in
general, toward the judge who sentenced him or her, toward the
prosecuting attorney who prosecuted him or her, toward the
policeman or other officer who arrested the inmate and toward the
crime for which he or she is under sentence and his or her previous
criminal record;
(C) On the inmate's industrial record while in custody which
shall include: The nature of his or her work, occupation or
education, the average number of hours per day he or she has been
employed or in class while in custody and a recommendation as to
the nature and kinds of employment which he or she is best fitted
to perform and in which the inmate is most likely to succeed when
he or she leaves prison;
(D) On physical, mental and psychiatric examinations of the
inmate conducted, insofar as practicable, within the two months
next preceding parole consideration by the board.
(2) The board panel considering the parole may waive the
requirement of any report when not available or not applicable as
to any inmate considered for parole but, in every such case, shall enter in the record thereof its reason for the waiver: Provided,
That in the case of an inmate who is incarcerated because the
inmate has been found guilty of, or has pleaded guilty to a felony
under the provisions of section twelve, article eight, chapter
sixty-one of this code or under the provisions of article eight-b
or eight-c of said chapter, the board panel may not waive the
report required by this subsection and the report is to include a
study and diagnosis including an on-going treatment plan requiring
active participation in sexual abuse counseling at an approved
mental health facility or through some other approved program:
Provided, however, That nothing disclosed by the person during the
study or diagnosis may be made available to any law-enforcement
agency, or other party without that person's consent, or admissible
in any court of this state, unless the information disclosed
indicates the intention or plans of the parolee to do harm to any
person, animal, institution or to property. Progress reports of
outpatient treatment are to be made at least every six months to
the parole officer supervising the person. In addition, in such
cases, the Parole Board shall inform the prosecuting attorney of
the county in which the person was convicted of the parole hearing
and shall request that the prosecuting attorney inform the Parole
Board of the circumstances surrounding a conviction or plea of
guilty, plea bargaining and other background information that might
be useful in its deliberations.
(m) Before releasing any inmate on parole, the board of parole
shall arrange for the inmate to appear in person before a Parole Board panel and the panel may examine and interrogate him or her on
any matters pertaining to his or her parole, including reports
before the board made pursuant to the provisions hereof: Provided,
That an inmate may appear by video teleconference if the members of
the panel conducting the examination are able to contemporaneously
see the inmate and hear all of his or her remarks and if the inmate
is able to contemporaneously see each of the members of the panel
conducting the examination and hear all of the members' remarks.
The panel shall reach its own written conclusions as to the
desirability of releasing the inmate on parole and the majority of
the panel considering the release shall concur in the decision. The
warden or superintendent shall furnish all necessary assistance and
cooperate to the fullest extent with the Parole Board. All
information, records and reports received by the board are to be
kept on permanent file.
(n) The board and its designated agents are at all times to
have access to inmates imprisoned in any state correctional center
or in any jail in this state and may obtain any information or aid
necessary to the performance of its duties from other departments
and agencies of the state or from any political subdivision
thereof.
(o) The board shall, if so requested by the Governor,
investigate and consider all applications for pardon, reprieve or
commutation and shall make recommendation thereon to the Governor.
(p) Prior to making a recommendation for pardon, reprieve or
commutation and prior to releasing any inmate on parole, the board shall notify the sentencing judge and prosecuting attorney at least
ten days before the recommendation or parole.
(q) Any person released on parole shall participate as a
condition of parole in the litter control program of the county to
the extent directed by the board, unless the board specifically
finds that this alternative service would be inappropriate.
(r) Except for the amendments to this section contained in
subdivision (4), subsection (b) and subsection (i) of this section
the amendments to this section enacted during the 2010 regular
session of the Legislature shall become effective on January 1,
2011.;
And,
By striking out the title and substituting therefor a new
title to read as follows:
Eng. House Bill No. 2001--A Bill to amend and reenact §62-12-
13 of the Code of West Virginia, 1931, as amended, relating to
powers and duties of the board of parole; providing that inmates
serving life sentences with possibility of parole may be
reconsidered by the parole board anytime within three years of
denial of parole; and making technical corrections to the section.
On motion of Senator Unger, the Senate concurred in the
foregoing House of Delegates amendments to the Senate amendments to
the bill.
Engrossed House Bill No. 2001, as amended, was then put upon
its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. H. B. No. 2001) passed with its House of Delegates amended
title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. H. B. No. 2001) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
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. 2370--A Bill to amend and
reenact §16-1-7 of the Code of West Virginia, 1931, as amended; and
to amend and reenact §30-16-4 of said code; and to amend and
reenact §30-26-3 of said code; all relating to boards; changing the
membership of boards; removing the Commissioner of the Bureau for
Public Health from certain boards; removing the requirement that
the commissioner provide support to certain boards; and updating
the name of certain boards.
Referred to the Committee on Government Organization.
Executive Communications
Senator Kessler (Acting President) laid before the Senate the
following communication from His Excellency, the Governor,
consisting of executive nominations for appointees:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
January 24, 2011
Senate Executive Message No. 2
TO:The Honorable Members of the
West Virginia Senate
Ladies and Gentlemen:
I respectfully submit the following nominations made by
Governor Joe Manchin III between July 21-November 15, 2010 for your
advice and consent:
1.For Member, Board of Examiners of Psychologists, Robert
Martin, Hamlin, Lincoln County, for the term ending June 30, 2013.
2.For Member, Board of Manufactured Housing Construction
and Safety, George Gunnell, Winfield, Putnam County, for the term
ending June 30, 2012.
3.For Member, Board of Chiropractic Examiners, Dr. Roger
Kritzer, Fairmont, Marion County, for the term ending June 30,
2011.
4.For Member, Board of Chiropractic Examiners, Dr. Barry
Stowers, Oak Hill, Fayette County, for the term ending June 30,
2013.
5.For Member, Shepherd University Board of Governors,
Veronique Walker, Martinsburg, Berkeley County, for the term ending
June 30, 2014.
6.For Member, Shepherd University Board of Governors, Gat
Caperton, Shepherdstown, Berkeley County, for the term ending June
30, 2014.
7.For Member, Municipal Pensions Oversight Board, Darren
Williams, Morgantown, Monongalia County, for the term ending June
30, 2015.
8.For Member, Municipal Pensions Oversight Board, C. Seth
Wilson, Morgantown, Monongalia County, for the term ending June 30,
2012.
9.For Member, Fire Commission, Larry Goodwin, Vienna, Wood
County, for the term ending June 30, 2015.
10.For Member, Regional Jail and Correctional Facility Authority, Dr. I. Frank Hartman, Buckhannon, Upshur County, for the
term ending June 30, 2013.
11.For Member, Regional Jail and Correctional Facility
Authority, Stephen Jory, Elkins, Randolph County, for the term
ending June 30, 2013.
12.For Member, Regional Jail and Correctional Facility
Authority, Brad Tuckwiller, Lewisburg, Greenbrier County, for the
term ending June 30, 2012.
13.For Member, Parkways Authority, Cameron Lewis, Daniels,
Raleigh County, for the term ending June 30, 2015.
14.For Member, Water Development Board, Mike Duplaga, Jr.,
Wheeling, Ohio County, for the term ending June 30, 2016.
15.For Member, Natural Resources Commission, Kenneth Wilson,
Chapmanville, Logan County, for the term ending June 30, 2017.
16.For Member, Pierpont Community and Technical College
Board of Governors, Dixie Copley, Fairmont, Marion County, for the
term ending June 30, 2014.
17.For Member, Pierpont Community and Technical College
Board of Governors, James Griffin, Bridgeport, Harrison County, for
the term ending June 30, 2014.
18.For Member, Pierpont Community and Technical College
Board of Governors, Linda Aman, Jane Lew, Lewis County, for the
term ending June 30, 2014.
19.For Member, Pierpont Community and Technical College
Board of Governors, Rick Pruitte, Fairmont, Marion County, for the
term ending June 30, 2014.
20.For Member, Board of Physical Therapy, Gina Brown,
Daniels, Raleigh County, for the term ending June 30, 2015.
21.For Member, Nursing Home Administrators Licensing Board,
Beverly Jezioro, Flemington, Taylor County, for the term ending
June 30, 2013.
22.For Member, Marshall University Board of Governors,
Michael Sellards, Huntington, Cabell County, for the term ending
June 30, 2014.
23.For Member, Marshall University Board of Governors, The
Honorable Oshel B. Craigo, Winfield, Putnam County, for the term
ending June 30, 2014.
24.For Member, Marshall University Board of Governors,
Joseph McDonie, Milton, Cabell County, for the term ending June 30,
2014.
25.For Member, Board of Pharmacy, Martin Castleberry,
Charleston, Kanawha County, for the term ending June 30, 2013.
26.For Member, Board of Pharmacy, Charles Woolcock,
Barboursville, Cabell County, for the term ending June 30, 2014.
27.For Member, Board of Pharmacy, Sam Kapourales,
Williamson, Mingo County, for the term ending June 30, 2014.
28.For Member, Board of Pharmacy, Carl Hedrick, Jr., Elkins,
Randolph County, for the term ending June 30, 2015.
29.For Member, Parole Board, James Colombo, Parkersburg,
Wood County, for the term ending June 30, 2015.
30.For Member, Board of Occupational Therapy, Kathy
Quesenberry, Princeton, Mercer County, for the term ending December 31, 2010.
31.For Member, Board of Occupational Therapy, Phillip
Simpson, Huntington, Cabell County, for the term ending December
31, 2010.
32.For Member, Board of Professional Surveyors, Anthony
Sparacino, Jr., Beckley, Raleigh County, for the term ending June
30, 2012.
33.For Member, Board of Professional Surveyors, Roy
Shrewsbury, Beckley, Raleigh County, for the term ending June 30,
2013.
34.For Member, Board of Professional Surveyors, Mark
Hornish, Sutton, Braxton County, for the term ending June 30, 2013.
35.For Member, Board of Professional Surveyors, Nelson
Douglass, Parkersburg, Wood County, for the term ending June 30,
2014.
36.For Member, Board of Professional Surveyors, R. Michael
Shepp, Shepherdstown, Jefferson County, for the term ending June
30, 2011.
37.For Member, West Liberty University Board of Governors,
Brian Joseph, Triadelphia, Ohio County, for the term ending June
30, 2014.
38.For Member, West Liberty University Board of Governors,
Patrick Kelly, Charleston, Kanawha County, for the term ending June
30, 2012.
39.For Member, Higher Education Policy Commission, Jenny
Allen, Shepherdstown, Jefferson County, for the term ending June 30, 2011.
40.For Member, Board of Examiners of Psychologists, Shirley
Vinciguerra, Bluefield, Mercer County, for the term ending June 30,
2012.
41.For Member, Parkways Authority Local Committee, John
Myers, Scott Depot, Putnam County, to serve at the will and
pleasure of the Governor.
42.For Member, Parkways Authority Local Committee, Marty
Chapman, Teays, Putnam County, to serve at the will and pleasure of
the Governor.
43.For Member, Parkways Authority Local Committee, The
Honorable Charles Lanham, Point Pleasant, Mason County, to serve at
the will and pleasure of the Governor.
44.For Member, Parkways Authority Local Committee, Lynne
Fruth, Point Pleasant, Mason County, to serve at the will and
pleasure of the Governor.
45.For Member, Educational Broadcasting Authority, Ellen
Spears, Elkins, Randolph County, for the term ending June 30, 2013.
46.For Member, Educational Broadcasting Authority, Karen
Stakem, Wheeling, Ohio County, for the term ending June 30, 2015.
47.For Member, Educational Broadcasting Authority, Mark
Polen, Charleston, Kanawha County, for the term ending June 30,
2012.
48.For Member, Educational Broadcasting Authority, William
File III, Beckley, Raleigh County, for the term ending June 30,
2016.
49.For Member, Northern Community College Board of
Governors, Alfred Renzella, Glen Dale, Marshall County, for the
term ending June 30, 2012.
50.For Member, Higher Education Policy Commission, David
Hendrickson, Charleston, Kanawha County, for the term ending June
30, 2014.
51.For Member, Probable Cause Review Board, Daniel Guida,
Weirton, Brooke County, for the term ending June 30, 2012.
52.For Member, Probable Cause Review Board, Michael Kawash,
Charleston, Kanawha County, for the term ending June 30, 2011.
53.For Member, Probable Cause Review Board, Reverend James
Shepherd, Huntington, Cabell County, for the term ending June 30,
2012.
54.For Member, Consolidated Public Retirement Board, Donald
T. Murray, Chester, Hancock County, for the term ending June 30,
2013.
55.For Member, School Building Authority, Eric Lewis,
Charles Town, Jefferson County, for the term ending July 31, 2013.
56.For Member, Veterans' Council, Patrick Farrell,
Bridgeport, Harrison County, for the term ending June 30, 2016.
57.For Member, West Virginia University -- Parkersburg Board
of Governors, Cheryl Donohoe, Ripley, Jackson County, for the term
ending June 30, 2014.
58.For Member, West Virginia University -- Parkersburg Board
of Governors, Steve Chancey, Ripley, Jackson County, for the term
ending June 30, 2012.
59.For Member, Lottery Commission, Roy Shrewsbury II,
Beckley, Raleigh County, for the term ending June 30, 2014.
60.For Member, Southern West Virginia Community and
Technical College Board of Governors, Kevin Fowler, Muskogee,
Oklahoma, for the term ending June 30, 2014.
61.For Member, Southern West Virginia Community and
Technical College Board of Governors, Wilma Zigmond, Logan, Logan
County, for the term ending June 30, 2014.
62.For Member, Broadband Deployment Council, Ken Arndt,
Charleston, Kanawha County, for the term ending December 31, 2011.
63.For Acting Secretary, Department of Revenue, John
Musgrave, Point Pleasant, Mason County, to serve at the will and
pleasure of the Governor.
64.For Member, Council for Community and Economic
Development, Walter Brown, Martinsburg, Berkeley County, for the
term ending June 30, 2012.
65.For Member, Board of Registration for Professional
Engineers, Leonard Joseph Timms, Jr., Bridgeport, Harrison County,
for the term ending June 30, 2015.
66.For Member, Board of Registration for Professional
Engineers, Edward Robinson, Charleston, Kanawha County, for the
term ending June 30, 2014.
67.For Member, Board of Registration for Professional
Engineers, William Pierson, Scott Depot, Putnam County, for the
term ending June 30, 2013.
68.For Member, Parkways Authority, Phil Diserio, Follansbee, Brooke County, for the term ending June 30, 2014.
69.For Member, Eastern West Virginia Community and Technical
College Board of Governors, Rob Tissue, Moorefield, Hardy County,
for the term ending June 30, 2014.
70.For Member, Eastern West Virginia Community and Technical
College Board of Governors, Douglas Lambert, Petersburg, Grant
County, for the term ending June 30, 2014.
71.For Member, Special Reclamation Fund Advisory Council,
Ronald Pauley, Sumerco, Lincoln County, for the term ending June
30, 2012.
72.For Member, Tourism Commission, Joseph Manchin IV,
Fairmont, Marion County, for the term ending May 1, 2012.
73.For Member, Tourism Commission, Ronald Marcus, Charles
Town, Jefferson County, for the term ending May 1, 2012.
74.For Member, Tourism Commission, Marianne Moran, Fairmont,
Marion County, for the term ending May 1, 2011.
75.For Member, Tourism Commission, Walter Brown,
Martinsburg, Berkeley County, for the term ending May 1, 2011.
76.For Member, Real Estate Commission, Vaughn Kiger,
Morgantown, Monongalia County, for the term ending June 30, 2012.
77.For Member, Real Estate Commission, Kathy Martin,
Morgantown, Monongalia County, for the term ending June 30, 2014.
78.For Member, Real Estate Commission, Cheryl Skiles,
Charleston, Kanawha County, for the term ending June 30, 2014.
79.For Member, Real Estate Commission, Kathy Zaferatos,
Daniels, Raleigh County, for the term ending June 30, 2013.
80.For Member, Board of Banking and Financial Institutions,
F. Michael Nelson, St. Marys, Pleasants County, for the term ending
June 30, 2016.
81.For Member, Board of Banking and Financial Institutions,
Larry Mazza, Bridgeport, Harrison County, for the term ending June
30, 2012.
82.For Member, Board of Banking and Financial Institutions,
David Righter, Vienna, Wood County, for the term ending June 30,
2015.
83.For Member, Board of Banking and Financial Institutions,
Joe Letnaunchyn, Charleston, Kanawha County, for the term ending
June 30, 2014.
84.For Member, Board of Banking and Financial Institutions,
Larry Moore, Ceredo, Wayne County, for the term ending June 30,
2014.
85.For Member, Board of Banking and Financial Institutions,
Brent Gray, Jodie, Fayette County, for the term ending June 30,
2012.
86.For Member, Blue Ridge Community and Technical College
Board of Governors, B. Judson Romine, Charles Town, Jefferson
County, for the term ending June 30, 2013.
87.For Member, Bluefield State College Board of Governors,
Robert Perkinson, Jr., Bluefield, Mercer County, for the term
ending June 30, 2014.
88.For Member, Bluefield State College Board of Governors,
Aaron Saunders, Bluefield, Mercer County, for the term ending June 30, 2014.
89.For Member, Bluefield State College Board of Governors,
Gloria Stephens, Welch, McDowell County, for the term ending June
30, 2014.
90.For Member, Unemployment Compensation Board of Review,
Les Facemyer, Ripley, Jackson County, for the term ending January
1, 2011.
91.For Member, Board of Funeral Service Examiners, Keith
Kimball, Franklin, Pendleton County, for the term ending June 30,
2013.
92.For Member, Board of Funeral Service Examiners, Ira
Handley, Danville, Boone County, for the term ending June 30, 2011.
93.For Member, School Building Authority, Victor Gabriel,
Bridgeport, Harrison County, for the term ending July 31, 2012.
94.For Member, Board of Examiners for Registered
Professional Nurses, Ann Bostic, Charleston, Kanawha County, for
the term ending June 30, 2015.
95.For Member, Board of Dental Examiners, Dr. C. Richard
Gerber, St. Marys, Pleasants County, for the term ending June 30,
2015.
96.For Member, Board of Dental Examiners, Camille Arceneaux,
Charleston, Kanawha County, for the term ending June 30, 2012.
97.For Member, Workforce Investment Council, Tom Provost,
Belle, Kanawha County, for the term ending June 30, 2012.
98.For Member, Statewide Independent Living Council, Donald
Carson, Beckley, Raleigh County, for the term ending June 30, 2013.
99.For Member, Statewide Independent Living Council, Karen
Davis, Charleston, Kanawha County, for the term ending June 30,
2013.
100.For Member, Statewide Independent Living Council, LuAnn
Decker, New Cumberland, Hancock County, for the term ending June
30, 2013.
101.For Member, Statewide Independent Living Council, Ronald
Brown, Charleston, Kanawha County, for the term ending June 30,
2013.
102.For Member, Statewide Independent Living Council, Emily
Markle, Morgantown, Monongalia County, for the term ending June 30,
2012.
103.For Member, Statewide Independent Living Council, Jan
Lilly-Stewart, Charleston, Kanawha County, for the term ending June
30, 2013.
104.For Member, Statewide Independent Living Council, Vanessa
VanGlider, Charleston, Kanawha County, for the term ending June 30,
2013.
105.For Member, Statewide Independent Living Council, Deborah
Smith, Charleston, Kanawha County, for the term ending June 30,
2012.
106.For Member, Blue Ridge Community and Technical College
Board of Governors, Al Britton, Charles Town, Jefferson County, for
the term ending June 30, 2014.
107.For Member, Blue Ridge Community and Technical College
Board of Governors, Teresa McCabe, Martinsburg, Berkeley County, for the term ending June 30, 2014.
108.For Member, Blue Ridge Community and Technical College
Board of Governors, Tina Combs, Martinsburg, Berkeley County, for
the term ending June 30, 2013.
109.For Member, Kanawha Valley Community and Technical
College Board of Governors, Donna Adkinson, Charleston, Kanawha
County, for the term ending June 30, 2014.
110.For Member, Kanawha Valley Community and Technical
College Board of Governors, Ian Burdette, South Charleston, Kanawha
County, for the term ending June 30, 2014.
111.For Member, Kanawha Valley Community and Technical
College Board of Governors, Janna Inghram, Charleston, Kanawha
County, for the term ending June 30, 2014.
112.For Member, Bridgemont Community and Technical College
Board of Governors, Jane Harkins, Beckley, Raleigh County, for the
term ending June 30, 2014.
113.For Member, Women's Commission, Kameron Miller,
Charleston, Kanawha County, for the term ending June 30, 2013.
114.For Member, Women's Commission, Robin Stultz, Weston,
Lewis County, for the term ending June 30, 2012.
115.For Member, Women's Commission, Stacy North, Morgantown,
Monongalia County, for the term ending June 30, 2012.
116.For Member, Women's Commission, Nancy Sostaric, Berkeley
Springs, Morgan County, for the term ending June 30, 2013.
117.For Member, Board of Directors of the West Virginia
United Health System, Inc., Mark Nesselroad, Morgantown, Monongalia County, for the term ending October 15, 2016.
118.For Member, Board of Directors of the West Virginia
United Health System, Inc., Francisco Perez, Kettering, Ohio, for
the term ending October 15, 2016.
119.For Member, Board of Directors of the West Virginia
United Health System, Inc., A. Michael Perry, Huntington, Cabell
County, for the term ending October 15, 2016.
120.For Member, Board of Medicine, Dr. Kenneth Nanners,
Wheeling, Ohio County, for the term ending September 30, 2015.
121.For Member, Glenville State College Board of Governors,
Mike Forbes, Charleston, Kanawha County, for the term ending June
30, 2013.
122.For Member, Board of Examiners in Counseling, Dr. Lori
Ellison, Hurricane, Putnam County, for the term ending June 30,
2014.
123.For Acting Commissioner, Bureau of Senior Services,
Barbara Reynolds, Charleston, Kanawha County, to serve at the will
and pleasure of the Governor.
124.For Acting Director, Office of Miners' Health, Safety and
Training, C. A. Phillips, Pipestem, Summers County, to serve at the
will and pleasure of the Governor.
125.For Member, West Virginia State University Board of
Governors, The Honorable Larry L. Rowe, Charleston, Kanawha County,
for the term ending June 30, 2011.
126.For Member, West Virginia State University Board of
Governors, Leon Vincent Williams, Brentwood, Tennessee, for the term ending June 30, 2014.
127.For Member, Board of Education, Dr. William White,
Bluefield, Mercer County, for the term ending November 4, 2019.
128.For Member, Investment Management Board of Trustees, Jack
Rossi, Charleston, Kanawha County, for the term ending January 31,
2011.
129.For Member, Investment Management Board of Trustees,
Steve Smith, Poca, Putnam County, for the term ending January 31,
2016.
130.For Member, Health Care Authority, Sonia Chambers,
Huntington, Cabell County, for the term ending March 12, 2013.
131.For Member, Health Care Authority, Marilyn White,
Wheeling, Ohio County, for the term ending March 12, 2015.
132.For Member, Health Care Authority, Jim Pitrolo,
Charleston, Kanawha County, for the term ending March 12, 2011.
133.For Member, Election Commission, Brent Pauley,
Charleston, Kanawha County, for the term ending June 4, 2011.
134.For Member, Children with Autism Trust Board, Denise
Campbell, Elkins, Randolph County, for the term ending June 30,
2015.
135.For Member, Children with Autism Trust Board, Dr.
Margaret Jaynes, Morgantown, Monongalia County, for the term ending
June 30, 2012.
136.For Member, Children with Autism Trust Board, Barbara
Becker-Cottrill, Huntington, Cabell County, for the term ending
June 30, 2015.
137.For Member, Children with Autism Trust Board, Staci
Criswell, Charleston, Kanawha County, for the term ending June 30,
2014.
138.For Member, Children with Autism Trust Board, Dr.
Susannah Poe, Fairmont, Marion County, for the term ending June 30,
2015.
139.For Member, Children with Autism Trust Board, Tracy Hunt,
Charleston, Kanawha County, for the term ending June 30, 2015.
140.For Member, West Virginia State University Board of
Governors, Gary Swingle, Charleston, Kanawha County, for the term
ending June 30, 2014.
141.For Member, Real Estate Appraiser Licensing and
Certification Board, Dale Clowser, Charleston, Kanawha County, for
the term ending June 30, 2013.
142.For Member, Real Estate Appraiser Licensing and
Certification Board, Mary Beth Aliveto, Bridgeport, Harrison
County, for the term ending June 30, 2013.
143.For Member, Real Estate Appraiser Licensing and
Certification Board, Anthony Julian, Fairmont, Marion County, for
the term ending June 30, 2011.
144.For Member, Real Estate Appraiser Licensing and
Certification Board, Virginia Shaw, New Haven, Mason County, for
the term ending June 30, 2013.
145.For Member, Real Estate Appraiser Licensing and
Certification Board, Linda York, Fairmont, Marion County, for the
term ending June 30, 2012.
146.For Member, Board of Medicine, Dr. Michael Ferrebee,
Morgantown, Monongalia County, for the term ending September 30,
2015.
147.For Member, Board of Medicine, Dr. Ahmed Faheem, Daniels,
Raleigh County, for the term ending September 30, 2014.
148.For Member, Contractor Licensing Board, Manuel Alvarez,
Bridgeport, Harrison County, for the term ending June 30, 2013.
149.For Member, School Building Authority, Tom Lange, Charles
Town, Jefferson County, for the term ending July 31, 2013.
150.For Member, School Building Authority, Nicholas
Preservati, Charleston, Kanawha County, for the term ending July
31, 2012.
151.For Member, School Building Authority, Robert Holroyd,
Princeton, Mercer County, for the term ending July 31, 2012.
152.For Member, Housing Development Fund, Sam Kapourales,
Williamson, Mingo County, for the term ending October 30, 2011.
153.For Member, Consolidated Public Retirement Board, Thomas
Bradley, Charleston, Kanawha County, for the term ending June 30,
2013.
154.For Member, Board of Examiners for Speech-Language
Pathology and Audiology, Joe Richards, Charleston, Kanawha County,
for the term ending June 30, 2012.
155.For Member, Board of Treasury Investments, Richard
Donovan, Charleston, Kanawha County, for the term ending June 30,
2013.
156.For Member, Consolidated Public Retirement Board, Drema Bias Evans, Beckley, Raleigh County, for the term ending June 30,
2015.
157.For Member, Consolidated Public Retirement Board, Mike
Corsaro, Charleston, Kanawha County, for the term ending June 30,
2015.
158.For Member, Consolidated Public Retirement Board, Andrew
Richardson, Charleston, Kanawha County, for the term ending June
30, 2015.
159.For Member, Board of Examiners for Registered
Professional Nurses, Dr. Mary Elizabeth Farmer, Beckley, Raleigh
County, for the term ending June 30, 2015.
160.For Member, Shepherd University Board of Governors, Dr.
Marcia Brand, Martinsburg, Berkeley County, for the term ending
June 30, 2014.
161.For Member, Public Energy Authority Board, The Honorable
Mike Ross, Coalton, Randolph County, for the term ending June 30,
2012.
162.For Director and Chief Hearing Examiner, Office of
Administrative Hearings within the Department of Transportation,
John G. Hackney, Jr., Charleston, Kanawha County, for the term
ending June 30, 2016.
Notice of these appointments was previously provided by
Governor Joe Manchin III to the appropriate legislative staff at
the time the appointments were made.
Sincerely,
Earl Ray Tomblin,
Governor.
Which communication was received and referred to the Committee
on Confirmations.
On motion of Senator Edgell, consideration of the nominations
immediately hereinbefore reported was made a special order of
business for Saturday, March 12, 2011, at 11 a.m.
The Senate proceeded to the fourth order of business.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 15, Providing one-time bonus to certain public
employee and teacher annuitants.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with an amendment from
the Committee on Pensions pending.
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, Making child neglect creating substantial risk of bodily harm a misdemeanor.
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 §61-8D-4 of the Code
of West Virginia, 1931, as amended, relating to creating the
misdemeanor offense for child neglect by a parent, guardian or
custodian which creates a substantial risk of bodily injury;
penalties; and exceptions.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 80 (originating in the Committee
on Health and Human Resources), Excusing breast-feeding women from
jury duty; making accommodations therefor.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 80 (originating in
the Committee on the Judiciary)--A Bill
to amend and reenact §52-1-
8 of the Code of West Virginia, 1931, as amended, 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 or any crime involving
dishonesty or false statement, regardless of the punishment;
creating exceptions thereto excusing women who are breast-feeding
from jury duty upon request; and requiring reasonable
accommodations for breast-feeding juror upon request if she chooses
to serve.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators Minard, D. Facemire, Wells and Kessler (Acting
President):
Senate Bill No. 246--A Bill to amend and reenact §18C-7-3 of
the Code of West Virginia, 1931, as amended, relating to including
Salem International University as an eligible institution and
modifying provisions regarding the higher education institutions
that are eligible to continue to receive PROMISE scholarship funds.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Kessler (Acting President) and Hall (By Request of
the Executive):
Senate Bill No. 247--A Bill to amend and reenact §11-15-8d of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §11-15-9n, all relating
to consumers sales and service tax and use tax; specifying that
effective on July 1, 2011, restrictions on exemptions by a
construction contractor do not apply for certain purchases of
primary material handling equipment, racking and racking systems
and their components, nor do these restrictions on exemptions apply
to purchases of building materials and certain tangible personal
property if the purchaser of contracting services would be entitled
to claim a newly created exemption; specifying exemption for
certain purchases of primary material handling equipment, racking
and racking systems and their components, building materials and
certain tangible personal property; specifying the application for
certification of exemption and plan describing investment to be
made; specifying application and plan filing date; specifying
treatment of late filings and untimely filings of application and
plan; specifying loss of exemption if investment is not made within
the expansion period; defining terms; specifying exclusions and
limitations for qualified warehouses and distribution facilities;
specifying exclusions and disqualifications for failure to meet
statutory criteria and requirements; specifying over-the-counter
sales restrictions; specifying manufacturing, fabrication and
assembly restrictions; specifying statute of limitations;
specifying issuance of assessments against the purchaser of
contracting services entitled to the newly created exemption and not against a contractor who relied in good faith upon validity of
an exemption; specifying that the taxpayer first pay to the vendor
the tax and then apply to the State Tax Commissioner for a refund
or credit; and alternative use of the direct pay permit number.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Kessler (Acting President), Snyder, Browning,
Yost, Foster, Plymale, McCabe and Klempa:
Senate Bill No. 248--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §11-13BB-1, §11-13BB-2, §11-13BB-3, §11-13BB-4,
§11-13BB-5 and §11-13BB-6; and to amend and reenact §22-11-8 of
said code, all relating to coal slurry disposal; establishing a
corporate net income tax credit for developing alternative
technologies for disposal of coal slurry; and prohibiting new
permits and modifications and renewals of existing permits for
underground injection of coal slurry.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators McCabe, Browning, Unger, Jenkins, Foster, Wells,
Stollings, Klempa, Miller and Kessler (Acting President):
Senate Bill No. 249--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §11-13BB-1, §11-13BB-2, §11-13BB-3, §11-13BB-4, §11-
13BB-5, §11-13BB-6, §11-13BB-7, §11-13BB-8 and §11-13BB-9; and to
amend said code by adding thereto a new section, designated §11-24-9d, all relating to taxation; providing a phased-in allowance of
credits against corporation net income tax and personal income tax
for payments in this state of ad valorem property tax on certain
industrial tangible personal property consisting of machinery and
equipment; and allowing a transitional credit against the portion
of a taxpayer's corporation net income tax relating to the change
to combined reporting, with the amount of the credit being measured
by the taxpayer's payments in this state of ad valorem property tax
on certain industrial tangible personal property consisting of
machinery and equipment.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Miller, Unger, Laird, Sypolt and Klempa:
Senate Bill No. 250--A Bill to amend and reenact §17C-5-2 of
the Code of West Virginia, 1931, as amended, relating to making it
a felony to drive a vehicle while under the influence of alcohol,
controlled substance or other drug that causes serious bodily
injury to another person; and establishing penalties for first and
subsequent violations of certain provisions.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Kessler (Acting President) and Hall (By Request of
the Executive):
Senate Bill No. 251--A Bill to amend and reenact §18A-3-1a of
the Code of West Virginia, 1931, as amended, relating to
alternative principal and teacher certification; authorizing alternative principal and teacher certification programs; defining
certain terms; setting forth procedures for approving alternative
education programs by education providers; providing for
alternative certification and instructional requirements;
establishing eligibility standards; setting forth certain
requirements for training and induction; providing criteria for
recommendations and decisions affecting rehiring and hiring;
requiring certain legislative rules and State Board of Education
approval for alternative principal and teacher certification; and
making technical corrections and removing obsolete provisions
throughout.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Minard, Jenkins and Kessler (Acting President):
Senate Bill No. 252--A Bill to amend and reenact §33-48-7b of
the Code of West Virginia, 1931, as amended, relating to expanding
eligibility for subsidies to enrollees in the model health plan for
uninsurable individuals.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Minard and Jenkins:
Senate Bill No. 253--A Bill to amend and reenact §33-27-2,
§33-27-2a, §33-27-3, §33-27-4, §33-27-5, §33-27-6, §33-27-7,
§33-27-9, §33-27-11 and §33-27-14 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto two new
sections, designated §33-27-3a and §33-27-6a, all relating to insurance holding company systems; defining terms; excluding
certain investments from determination of adequacy of surplus;
requiring notice and other information with regard to divestiture
or acquisition of a controlling interest; changing public hearing
requirements; providing standards for review of acquisition request
by commissioner; establishing process for consolidated hearings;
providing standards and procedures for certain acquisitions not
otherwise covered; expanding types of information that may be
demanded and reviewed by the commissioner; providing for
establishment of supervisory colleges; providing additional
confidentiality measures; and authorizing emergency rules.
Referred to the Committee on Banking and Insurance.
By Senators Kessler (Acting President) and Hall (By Request of
the Executive):
Senate Bill No. 254--A Bill making a supplementary
appropriation of federal funds out of the Treasury from the balance
of federal moneys remaining unappropriated for the fiscal year
ending June 30, 2011, to the West Virginia Development Office -
Community Development, fund 8746, fiscal year 2011, organization
0307, and to Division of Human Services - Energy Assistance, fund
8755, fiscal year 2011, organization 0511, by supplementing and
amending the appropriations for the fiscal year ending June 30,
2011.
Referred to the Committee on Finance.
By Senators Kessler (Acting President) and Hall (By Request of
the Executive):
Senate Bill No. 255--A Bill making a supplementary
appropriation of federal funds from the balance of moneys remaining
unappropriated for the fiscal year ending June 30, 2011, to a new
item of appropriation designated to the Governor's Office, fund
8742, fiscal year 2011, organization 0100, to the Department of
Education and the Arts - State Board of Rehabilitation - Division
of Rehabilitation Services, fund 8734, fiscal year 2011,
organization 0932, to the Department of Health and Human Resources
- West Virginia Health Care Authority, fund 8851, fiscal year 2011,
organization 0507, to the Department of Health and Human Resources
- Division of Human Services, fund 8722, fiscal year 2011,
organization 0511, and to the Department of Transportation - Public
Port Authority, fund 8830, fiscal year 2011, organization 0806, by
supplementing and amending Chapter 8, Acts of the Legislature,
Regular Session, 2010, known as the Budget Bill.
Referred to the Committee on Finance.
By Senators Beach, Jenkins, Miller, Nohe, Klempa and Barnes:
Senate Bill No. 256--A Bill to amend and reenact §15-12-10 of
the Code of West Virginia, 1931, as amended, relating to requiring
sex offenders to verify their e-mail and other online identities in
the same way as they register their physical addresses.
Referred to the Committee on the Judiciary.
By Senators Beach, Williams and Kessler (Acting President):
Senate Bill No. 257--A Bill to amend and reenact §50-1-8 of
the Code of West Virginia, 1931, as amended, relating to adding an
additional magistrate court clerk to Monongalia County.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Snyder, Kessler (Acting President), Browning,
Foster, Laird, Yost, Beach, Plymale, McCabe and Klempa:
Senate Bill No. 258--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §22-6A-1, §22-6A-2, §22-6A-3, §22-6A-4, §22-6A-5,
§22-6A-6, §22-6A-7, §22-6A-8, §22-6A-9, §22-6A-10, §22-6A-11,
§22-6A-12, §22-6A-13, §22-6A-14, §22-6A-15, §22-6A-16, §22-6A-17,
§22-6A-18, §22-6A-19, §22-6A-20, §22-6A-21, §22-6A-22, §22-6A-23,
§22-6A-24, §22-6A-25, §22-6A-26, §22-6A-27, §22-6A-28, §22-6A-29,
§22-6A-30, §22-6A-31, §22-6A-32, §22-6A-33, §22-6A-34, §22-6A-35,
§22-6A-36, §22-6A-37, §22-6A-38, §22-6A-39, §22-6A-40, §22-6A-41,
§22-6A-42, §22-6A-43, §22-6A-44, §22-6A-45, §22-6A-46 and §22-6A-
47, all relating to regulating the construction and operation of
gas wells utilizing hydraulic fracturing and horizontal drilling;
providing declaration of public policy and legislative findings;
providing for applicability; defining terms; granting Secretary of
Department of Environmental Protection certain powers and duties;
establishing permit requirements and permit fees; requiring erosion
and sediment control plan; providing for a water pollution control
permit and terms and conditions; requiring compliance with other
state and federal programs; requiring Division of Highways approval
of well road access; requiring notice to property owners; providing
for receipt and consideration of comments from affected persons;
providing permit application requirements; establishing erosion and sediment control plan requirements; providing plat survey
requirements; providing opportunity to object to plat design by
others with interest in property; providing for issuance of permit;
requiring bond prior to receipt of permit and establishing bonding
amounts and conditions for release; establishing well location
restrictions and exceptions thereto; establishing agency
requirements for permit issuance; providing notice of permit
issuance; establishing inspection authority and process for notice,
opportunity of abatement and enforcement of violations; providing
notice and review process for orders and findings of the secretary;
providing site restoration requirements; establishing well design
and casing requirements and for inspections and approval thereof;
providing for protection of water supplies; requiring reporting,
monitoring and recordkeeping of fracturing chemicals; providing
surface impoundment and pit requirements; requiring performance
bonds or other security for each well; establishing time frames and
other conditions relating to reclamation of well sites; providing
water management plans for use of water resources in fracturing
process; providing for objections to proposed drilling location;
providing for cement casings around coal seams; requiring wells be
plugged upon completion of use and establishing notice and
processes related thereto; establishing special requirements for
plugging around coal seams; providing for casings to protect fresh
water; establishing reporting and documentation requirements;
establishing methods of plugging; establishing notice and other
requirements before entry upon surface lands; providing for notice of surface use and mediation agreements on surface use;
establishing requirements for surface use and compensation
agreements; providing for an appeal process to Environmental
Quality Board; establishing special fund for permitting and permit
modification fees; creating special reclamation fund; creating
offenses for violations of this act and rules promulgated
thereunder; providing for declaration of notice to owners and
lessees of coal seams; and preempting local authority to regulate
these operations and providing exceptions thereto.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Foster:
Senate Bill No. 259--A Bill to amend and reenact §15-2-31 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §15-2A-11 of said code, all relating to payment of physical
disability and/or mental disability examinations approved by the
Consolidated Public Retirement Board under the State Police Death,
Disability and Retirement plan and the West Virginia State Police
Retirement System.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Beach, Klempa, Unger, Foster, Edgell, Miller and
Snyder:
Senate Bill No. 260--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §17C-14-15, relating to establishing the offense of unlawful use of a wireless communication device while operating a
motor vehicle on a street or highway; providing exceptions and
conditions for certain lawful uses; definitions; and misdemeanor
criminal penalties upon conviction.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Kessler (Acting President) and Hall (By Request of
the Executive):
Senate Bill No. 261--A Bill to amend and reenact §3-10-2 of
the Code of West Virginia, 1931, as amended, relating to filling a
vacancy in the office of Governor; revising contingencies creating
a vacancy in the office of Governor to comport with the West
Virginia Constitution; providing that new elections to fill a
vacancy in the office of Governor shall consist of special primary
and special general elections; providing that the new election to
fill a vacancy shall occur at a time to allow a newly elected
individual to assume office within one year of the date the vacancy
occurred; providing that provisions relating to special general
election do not affect political party creation; prescribing time
frames for when new election must take place, including special
primary election to nominate candidates to be voted for at a
special general election; providing the time frame for the person
acting as Governor to issue proclamations to set the new election;
removing provision requiring vacancies to be filled at general
elections deemed unconstitutional; requiring person acting as
Governor to issue proclamation to fix date for new election, including date for special primary election; removing provisions
related to utilizing conventions to nominate candidates; requiring
the state to pay costs incurred in connection with a special
election to fill a vacancy in the office of Governor; providing
mechanism to fill vacancy in the office of Governor that occurred
on November 15, 2010, by utilizing special primary election and
special general election; requiring the person acting as Governor
to issue a proclamation setting a special primary election to be
held on June 20, 2011, in addition to the new election proclaimed
by the person acting as Governor issued January 21, 2011; providing
provisions to apply to special primary and special general election
to be held in 2011; requiring the proclamations issued by the
person acting as Governor to be published in each county prior to
the special primary and special general elections; providing that
the provisions of the law relating to elections shall apply to the
special general election and special primary election unless
inconsistent with section; modifying certain statutory time periods
relating to declaration of candidacy; modifying procedures relating
to payment of filing fees and drawing of ballot positions;
clarifying the eligibility of certain minors to vote in special
primary election; modifying statutory provisions relating to
minimum number of ballots to be printed; providing that polling
places shall not be changed except for emergency situations;
providing that constitutionally required redistricting to have no
effect until after new election in 2011 is complete; modifying
procedures for persons without party affiliations to nominate candidates for the special general election; authorizing the
Secretary of State to issue administrative orders and to establish
procedures and deadlines necessary to preserve voting rights, avoid
fraudulent voting and other election irregularities and assure
orderly and efficient administration of the new election; providing
for the expiration of the provisions applying to the new election
pursuant to the vacancy created on November 15, 2010; and requiring
Secretary of State to report to Joint Committee on Government and
Finance and establishing guidelines for the report.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Sypolt and Prezioso:
Senate Bill No. 262--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §2-1-3, relating to making English the official language
of West Virginia.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Beach and Klempa:
Senate Bill No. 263--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §17A-6-10d, relating to special plates for the testing
of vehicles operated by nonprofit corporations engaged in research
and development of motor vehicles; special fuels or equipment for
motor vehicles; requiring written records be kept; prohibiting
bonding; requiring vehicles to be insured; and exempting the vehicles from safety inspections, but requiring the vehicles to be
safe.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Beach, Snyder, Laird, Yost, Green and Williams:
Senate Bill No. 264--A Bill to amend and reenact §17-22-4 of
the Code of West Virginia, 1931, as amended, relating to outdoor
advertising signs containing numerical displays composed of lights
or movable components that change no more often than once every
twenty-four hours.
Referred to the Committee on the Judiciary.
By Senators Palumbo, Barnes, Laird and Plymale:
Senate Bill No. 265--A Bill to amend and reenact §62-12-17 of
the Code of West Virginia, 1931, as amended, relating to terms and
conditions of release upon parole.
Referred to the Committee on the Judiciary.
By Senators Snyder, Edgell, Plymale, Miller and Laird:
Senate Bill No. 266--A Bill to amend and reenact §11-22-2 of
the Code of West Virginia, 1931, as amended, relating to
authorizing the real property transfer tax collected by the state
to be paid to the counties; and providing this be accomplished
incrementally over a five-year period.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Minard and McCabe:
Senate Bill No. 267--A Bill to amend and reenact §31-17-12 of the Code of West Virginia, 1931, as amended, relating to the
Commissioner of Banking's imposition of a fine or penalty on
residential mortgage brokers and lenders; increasing the maximum
amount of a fine or penalty that may be imposed from $1000 per day
to $2000 per day for each violation; providing that each day,
excluding Sundays and holidays, that an unlicensed person holds
himself or herself out to the general public as a mortgage lender
or broker constitutes a separate violation; and removing the need
for prior notification from the commissioner before a fine or
penalty may be assessed for unlicensed activity.
Referred to the Committee on Banking and Insurance.
By Senators Laird, Foster, Kessler (Acting President) and
Yost:
Senate Bill No. 268--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §17B-3-14, relating to motor vehicle driver's licenses;
establishing a driver's license restoration program; making
legislative findings; and granting rule-making authority.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Laird, Stollings, Snyder, Williams and Yost:
Senate Bill No. 269--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-21-12j, relating to creating a personal income tax
deduction for persons who may choose to spay or neuter their pets.
Referred to the Committee on Finance.
By Senators Laird, Snyder and Foster:
Senate Bill No. 270--A Bill to amend and reenact §5A-1A-4 of
the Code of West Virginia, 1931, as amended, relating to increasing
the maximum cash award the Employee Suggestion Award Board may
make; requiring the board to report to the Legislature every five
years regarding effect of inflation; and allowing the Governor to
make a secondary award for suggestions if the suggestion is
implemented in one or more additional state agencies.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Beach and Williams:
Senate Bill No. 271--A Bill to amend and reenact §22-1-9 of
the Code of West Virginia, 1931, as amended, relating to the
Environmental Protection Advisory Council generally; increasing the
membership of the council to nine members; specifying represented
organizations and entities; and making certain procedural changes
in board activities.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Kessler (Acting President) and Hall (By Request of
the Executive):
Senate Bill No. 272--A Bill to amend and reenact §7-11B-3, §7-
11B-4, §7-11B-7, §7-11B-8, §7-11B-9, §7-11B-10, §7-11B-17 and §7-
11B-22 of the Code of West Virginia, 1931, as amended, all relating
to the West Virginia Tax Increment Financing Act; revising
definitions relating to governing bodies of counties and municipalities; adding definition for "municipality"; adding
remediation of property to definition of "development or
"redevelopment project"; redefining "project costs" to include
remediation costs for landfills, former coal mining sites, solid
waste facilities or hazardous waste sites; defining "remediation";
requiring the Director of the Development Office to provide the
Legislature with an itemized list of applications seeking approval
of development and redevelopment districts along with a status
explanation of applications on dates certain; clarifying
municipalities' power to utilize tax increment financing and to
finance project costs by other means; clarifying that
municipalities are not required to seek approval when amending
project plans if the project is not enlarged or the total amount of
indebtedness increased; providing that development or redevelopment
districts shall not be terminated so long as tax increment
financing obligations remain outstanding; clarifying the time when
bonds may be refunded or refinanced and when refunding bonds may be
issued in principal amounts; and providing technical corrections.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on Finance.
By Senators Kessler (Acting President) and Hall (By Request of
the Executive):
Senate Bill No. 273--A Bill to amend and reenact §5-5-2 of the
Code of West Virginia, 1931, as amended; to amend and reenact
§15-2-5 of said code; to amend and reenact §18A-4-2 and §18A-4-8a
of said code; and to amend and reenact §20-7-1c of said code, all relating to providing a one-time, nonbase-building supplemental
salary increase for all eligible state employees, members of the
West Virginia State Police, teachers, service personnel and
conservation officers who are employed on dates certain; providing
the conditions under which and the date the salary supplement shall
be paid; and making technical corrections.
Referred to the Committee on Finance.
Senators Browning, Unger, Jenkins, Foster, Wells, Plymale,
McCabe, Kessler (Acting President), Stollings, Prezioso, Miller,
Laird, Snyder, Williams, Sypolt and Barnes offered the following
resolution:
Senate Resolution No. 12--Designating January 25, 2011, as
"Local Economic Development Appreciation Day" at the Legislature.
Whereas, Economic development efforts increase business
prosperity and generate wealth, thereby improving the tax base to
support government; and
Whereas, Economic developers work to diversify the state and
local economies, provide job opportunities for semi-skilled,
skilled and educator workers and provide economic stability; and
Whereas, Local economic development efforts often act as a
catalyst in attracting new job creation and private investment; and
Whereas, Local economic development organizations are the
facilitators of ground level action teams; and
Whereas, Local economic development professionals act as a
liaison at the local level to the various community, regional,
state and federal programs for local and prospective businesses; and
Whereas, The West Virginia Economic Development Council
incorporated in 1994, and was created to promote a unified program
of economic development across the state through local and regional
economic development organizations; and
Whereas, Economic development activity impacts not only the
economic welfare of the state and its subdivisions, but also
touches the lives of all state residents; therefore, be it
Resolved by the Senate:
That the Senate hereby designates January 25, 2011, as "Local
Economic Development Appreciation Day" at the Legislature; and, be
it
Further Resolved, That the Senate recognizes and appreciates
the efforts of local economic developers to help grow and stabilize
local economies in West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate representatives of
Local Economic Development Appreciation Day.
At the request of Senator Browning, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Unger, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
proceeded to the seventh order of business.
Senate Concurrent Resolution No. 10, Designating March 30 annually "West Virginia Vietnam Veterans Recognition Day".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Military.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
On motion of Senator Unger, a leave of absence for the day was
granted Senator Tomblin (Mr. President).
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Unger, the Senate adjourned until
tomorrow, Wednesday, January 26, 2011, at 11 a.m.
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