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WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2011
TWENTY-FOURTH DAY
____________
Charleston, W. Va., Friday, February 4, 2011
The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)
Prayer was offered by the Reverend Ricardo Flippin, West
Virginia Council of Churches, Charleston, West Virginia.
Pending the reading of the Journal of Thursday, February 3,
2011,
On motion of Senator Plymale, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Clerk presented the following communication, which was
received:
OFFICE OF THE CLERK
WEST VIRGINIA HOUSE OF DELEGATES
CHARLESTON
February 3, 2011
The Honorable Darrell E. Holmes
Clerk, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Mr. Clerk:
This letter is to inform you and the members of the Senate
that on January 28, 2011, I delivered to the Office of Governor,
for Executive action, the following bill:
Enrolled H. B. 2001, Providing that inmates serving life
sentences shall be considered for parole only once every three
years.
Sincerely,
Gregory M. Gray,
Clerk of the House.
The Senate 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. 2804--
A Bill
to repeal §16-
1-16 of the Code of West Virginia, 1931, as amended; to amend and
reenact §5-6-1 of said code; to amend and reenact §5A-1-11 of said
code; to amend and reenact §5B-1-1a of said code; to amend and
reenact §9-2-1a of said code; to amend and reenact §17B-2-7a of
said code; to amend and reenact §17C-15-44 of said code; to amend
and reenact §18-10A-2 of said code; to amend and reenact §19-1-3a
of said code; to amend and reenact §19-12A-3 of said code; to amend
and reenact §22C-12-6 of said code; to amend and reenact §24-1-3 of
said code; to amend and reenact §24A-1A-2 of said code; to amend and reenact §24E-1-11 of said code; and to amend and reenact §47A-
1-1 of said code, all relating to repealing obsolete code
provisions.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended, with its Senate amended title, to take effect
from passage, of
Eng. Com. Sub. for House Bill No. 2853, Providing for a
special primary and general election to fill a vacancy in the
office of Governor.
Executive Communications
The Clerk then presented a communication from His Excellency,
the Governor, advising that on February 3, 2011, he had approved
Enr. House Bill No. 2001.
The Senate proceeded to the fourth order of business.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 174, Authorizing DOT promulgate legislative
rule relating to valuation of used rolling stock and equipment.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
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. 265, Permitting certain parolees petition
court for allowance to live with or have visitation rights with
child.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 265 (originating in the
Committee on the Judiciary)--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 generally; and authorizing
Board of Parole, with the sentencing court's concurrence, to modify
or waive restrictions relating to residing with or visiting minors.
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
Senate Bill No. 366, Relating to Underground Storage Tank
Administrative Fund.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Corey Palumbo,
Chair.
The bill, under the original double committee reference, was
then referred 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 Senator Barnes:
Senate Bill No. 417--A Bill to amend and reenact §3-1-8 of the
Code of West Virginia, 1931, as amended, relating to elections and
nominating procedures generally; and expanding the scope of the
definition of a "political party".
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators McCabe, Snyder, Unger and Beach:
Senate Bill No. 418--A Bill to amend and reenact §5A-6-4 of
the Code of West Virginia, 1931, as amended, relating to clarifying
that the Office of Technology is responsible for the retirement or
transfer of information technology equipment that may contain
confidential and privileged electronic data.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senator Sypolt:
Senate Bill No. 419--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §33-44-14, relating to creating the Health Care Choice
Act; and enabling insurers authorized to sell insurance coverage in
selected states to engage in the business of insurance in West
Virginia.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Wills, Foster, Browning, Miller and Beach:
Senate Bill No. 420--A Bill to amend and reenact §7-1-1b of
the Code of West Virginia, 1931, as amended, relating to
eligibility of county commissioners; and clarifying residency
requirement.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Unger,
Snyder, Kessler (Acting President), D.
Facemire, Williams, Beach and Sypolt
:
Senate Bill No. 421--A Bill to amend and reenact §15-2-3 and
§15-2-5 of the Code of West Virginia, 1931, as amended, all
relating to maintaining a minimum of eight hundred state troopers
by July 1, 2015; and increasing the salary increase received at the
end of two years of service with the West Virginia State Police to
$580.
Referred to the Committee on Finance.
By Senators Unger
, Snyder, Wells, Kessler (Acting President),
D. Facemire, Williams, Beach and Sypolt
:
Senate Bill No. 422--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §15-2-5a, relating to compensation of State Police for
off-duty time when they are required to be on standby to be called
back to work; and providing a stipend for housing cost for officers
who reside in and are assigned to the highest five counties
according to median monthly housing cost.
Referred to the Committee on Finance.
By Senators Beach, Green and Laird:
Senate Bill No. 423--A Bill to amend and reenact §3-1-5 and
§3-1-29 of the Code of West Virginia, 1931, as amended, all
relating to increasing the limit on the size of voting precincts to
five thousand registered voters; and increasing the size of
standard receiving boards in enlarged precincts.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Kessler (Acting President), Klempa, Green, Hall,
Beach, Snyder and Stollings:
Senate Bill No. 424--A Bill to repeal §22-6-41 of the Code of
West Virginia, 1931, as amended; to repeal §22C-7-1, §22C-7-2 and
§22C-7-3 of said code; to amend and reenact §22-6-1, §22-6-2, §22-
6-3, §22-6-4, §22-6-5, §22-6-6, §22-6-7, §22-6-8, §22-6-9, §22-6-
10, §22-6-11, §22-6-12, §22-6-13, §22-6-14, §22-6-15, §22-6-16,
§22-6-17, §22-6-18, §22-6-19, §22-6-20, §22-6-21, §22-6-22, §22-6-23, §22-6-24, §22-6-25, §22-6-26, §22-6-27, §22-6-28, §22-6-29,
§22-6-30, §22-6-31, §22-6-32, §22-6-33, §22-6-34, §22-6-35, §22-6-
36, §22-6-37, §22-6-38, §22-6-39 and §22-6-40 of said code; to
amend and reenact §22-7-3 of said code; to amend and reenact §22C-
8-2 and §22C-8-4 of said code; to amend and reenact §22C-9-1, §22C-
9-2, §22C-9-3 and §22C-9-4 of said code; and to amend said code by
adding thereto a new section, designated §22C-9-7a, all relating to
the regulation of oil and gas wells; oil and gas production damage
compensation; the Shallow Gas Well Review Board; the Conservation
Commission; the pooling of gas from horizontal shallow wells; and
increasing civil penalties.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Wells
, Unger, Jenkins, Kessler (Acting President),
McCabe, Plymale, D. Facemire, Williams and Klempa
:
Senate Bill No. 425--A Bill to amend and reenact §6-7-2a of
the Code of West Virginia, 1931, as amended, relating to increasing
the salary of the Adjutant General.
Referred to the Committee on Military; and then to the
Committee on Finance.
By Senator Kessler (Acting President):
Senate Bill No. 426--A Bill to amend and reenact §52-1-9 of
the Code of West Virginia, 1931, as amended, relating to requiring
a judge's permission before a juror's information can be released.
Referred to the Committee on the Judiciary.
By Senators Jenkins and Foster:
Senate Bill No. 427--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-21-10b, relating to personal income tax; and
providing a credit against that tax for fees paid for recycling.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Kessler (Acting President) and Miller:
Senate Bill No. 428--A Bill to amend and reenact §59-1-11 of
the Code of West Virginia, 1931, as amended, relating to increasing
the fees charged by a clerk of the circuit court for medical
professional liability actions.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Hall, Unger, Jenkins, Wells, Klempa and Sypolt:
Senate Bill No. 429--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §18-19A-1, §18-19A-2, §18-19A-3, §18-19A-4 and
§18-19A-5, all relating to providing educational scholarships for
the children of war veterans; defining terms; establishing types of
scholarships; setting forth what is included in the scholarships;
setting forth the categories of eligibility for the scholarships;
providing that the West Virginia Division of Veterans' Affairs
shall administer the scholarship program; and granting the West
Virginia Division of Veterans' Affairs rule-making authority.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Kessler (Acting President):
Senate Bill No. 430--A Bill to amend and reenact §61-11-25 of
the Code of West Virginia, 1931, as amended, relating to filing a
civil petition for expungement of records relating to an arrest or
charges relating to the arrest when found not guilty of the offense
or charges have been dismissed.
Referred to the Committee on the Judiciary.
By Senators Palumbo, Edgell, K. Facemyer, Jenkins, Barnes,
Klempa, Unger, Plymale, Yost and Nohe:
Senate Bill No. 431--A Bill to amend and reenact §15-2B-3,
§15-2B-6, §15-2B-7, §15-2B-9, §15-2B-10 and §15-2B-12 of the Code
of West Virginia, 1931, as amended; and to amend said code by
adding thereto two new sections, designated §15-2B-15 and §15-2B-
16, all relating to DNA data collection generally; providing
definitions; authorizing the West Virginia State Police to
administer DNA identification system; authorizing the West Virginia
State Police to enter into certain cooperative agreements;
requiring DNA sample be obtained upon conviction; identifying tests
to be performed on DNA samples; providing authority to maintain
samples; providing procedure for withdrawing and analyzing samples;
providing procedure for exchanging samples with others; providing
procedure for removing sample from database by expungement;
providing for destruction of samples; providing penalties; and
authorizing the West Virginia State Police to collect certain fees
for DNA testing.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Laird, Unger, Jenkins and Miller:
Senate Bill No. 432--A Bill to amend and reenact §7-7-4 of the
Code of West Virginia, 1931, as amended; and to amend and reenact
§11A-1-17 of said code, all relating to a reconfiguration of
sheriffs' salaries to incorporate pay that was previously given as
a separate payment; and eliminating commissions based on collection
of taxes.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator McCabe:
Senate Bill No. 433--A Bill to repeal §29-3-23, §29-3-24 and
§29-3-25 of the Code of West Virginia, 1931, as amended; to amend
and reenact §11-12-86 of said code; to amend and reenact §29-3-26
of said code; and to amend said code by adding thereto a new
article, designated §29-3E-1, §29-3E-2, §29-3E-3, §29-3E-4, §29-3E-
5, §29-3E-6, §29-3E-7, §29-3E-8, §29-3E-9, §29-3E-10, §29-3E-11,
§29-3E-12, §29-3E-13, §29-3E-14, §29-3E-15, §29-3E-16, §29-3E-17
and §29-3E-18, all relating generally to revising, consolidating
and codifying the laws relating to fireworks; providing
definitions; regulating purchase, possession, transportation, sale
and use of fireworks; prohibiting local government regulation over
consumer fireworks; requiring certification, registration, bonding
and permits; providing for civil monetary penalties, criminal
penalties and remedies; establishing Fireworks Safety Fund and
safety fee; providing for the dispensation of the fund; prescribing powers and duties of certain state agencies; providing the fire
marshal with rule-making and emergency rule-making powers; and
requesting the fire marshal create and maintain an Internet
website.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Plymale
, Unger, Foster, Jenkins and Stollings
:
Senate Bill No. 434--A Bill to amend and reenact §18A-4-8 and
§18A-4-8a of the Code of West Virginia, 1931, as amended, all
relating to clarifying the definition of a school "cook"; replacing
the different classifications for cooks with a single
classification; increasing the salary for the cook position; and
granting an additional increase in salaries for cooks and cafeteria
managers who obtain college credits in child nutrition.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Minard:
Senate Bill No. 435--A Bill to amend and reenact §33-12C-3,
§33-12C-5, §33-12C-7 and §33-12C-8 of the Code of West Virginia,
1931, as amended, all relating to surplus lines insurance; defining
terms; providing for compliance with the federal Nonadmitted and
Reinsurance Reform Act of 2010; authorizing Insurance Commissioner
to enter into multistate agreement regarding taxation of surplus
lines insurance; establishing a blended taxation rate with respect
to policies involving multistate risks; authorizing participation
in clearinghouse for allocation of taxes; specifying disbursement and distribution of moneys; and exempting certain large entities
from compliance with due diligence requirements.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Yost, Klempa, Unger and Plymale:
Senate Bill No. 436--A Bill to amend and reenact §11-21-12d of
the Code of West Virginia, 1931, as amended, relating to continuing
the personal income tax adjustment to the gross income of certain
retirees receiving pensions from defined pension plans that
terminated and are being paid a reduced maximum benefit guarantee.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Laird and Sypolt:
Senate Bill No. 437--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §37-12-3, relating to exempting licensed surveyors from
liability for defamation or slander of title when performing their
professional duties; and providing an exception.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
At the request of Senator Unger, unanimous consent being
granted, the Senate returned to the fourth order of business.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 438 (originating in the Committee on the Judiciary)--A Bill
to amend and reenact §50-1-1 of the Code of West
Virginia, 1931, as amended, relating to the election of magistrates
by division; providing that all magistrates will be elected by
divisions; providing that all magistrates will be elected at large
from the entire county he or she serves; and requiring the Supreme
Court of Appeals to assign magistrates to divisions.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Corey Palumbo,
Chair.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 19, Requesting DOH name WV 3
from intersection with WV 94 to Raleigh County Line "John Protan
Highway".
On unfinished business, coming up in regular order, was
referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 281, Criminalizing installation
of certain invasive software on mobile devices.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 349, Requiring bittering agent be placed in
certain engine coolants and antifreezes,.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular
order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Bill No. 78, Requiring parental consent
and accompaniment for minor to use tanning device.
Com. Sub. for Senate Bill No. 186, Authorizing State Police
issue subpoenas to internet service providers in cases of suspected
child pornography.
And,
Com. Sub. for Senate Bill No. 195, Relating to requirements to
serve as magistrate.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Wells, unanimous consent being
granted, it was ordered that the Journal show had Senator Wells
been present in the chamber on yesterday, Thursday, February 3,
2011, he would have voted "yea" on the passage of Engrossed Senate
Bill No. 254, Engrossed Senate Bill No. 255 and Engrossed Committee
Substitute for Senate Bill No. 256.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Unger, the Senate adjourned until Monday,
February 7, 2011, at 11 a.m.
____________
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