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WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2010
TWENTY-EIGHTH DAY
____________
Charleston, W. Va., Tuesday, February 9, 2010
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Pastor Franklin D. Thomas, Living Faith
Church, Marmet, West Virginia.
Pending the reading of the Journal of Monday, February 8,
2010,
On motion of Senator Hall, 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 adoption of
Senate Concurrent Resolution No. 1, Requesting DOH name bridge
in Doddridge County "SPC Jason N. Marchand Memorial Bridge".
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 2, Requesting DOH name
portion of Route 16 in Fayette County "Robert K. 'Bob' Holliday
Highway".
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 3, Requesting DOH name bridge
in Fayette County "Eugene Mitchell Skaggs Memorial Bridge".
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 5, Requesting DOH name bridge
in Parsons, Tucker County, "Sheriff O. Gay Hovatter Memorial
Bridge".
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 6, Requesting DOH name bridge
in Mingo County "Matoma C. Sansom Memorial Bridge".
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. 2663--A Bill to amend and
reenact §8-14-5a of the Code of West Virginia, 1931, as amended,
relating to expanding the power of municipal parking authority
officers to ticket for municipal parking violations.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
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. 4140--A Bill to repeal §30-
20-8a of the Code of West Virginia, 1931, as amended; to amend and
reenact §30-20-1, §30-20-2, §30-20-3, §30-20-4, §30-20-5, §30-20-6,
§30-20-7, §30-20-8, §30-20-9, §30-20-10, §30-20-11, §30-20-12, §30-
20-13, §30-20-14 and §30-20-15; and to amend said code by adding
thereto five new sections, designated §30-20-16, §30-20-17, §30-20-
18, §30-20-19 and §30-20-20 all relating to the Board of Physical
Therapy; prohibiting the practice of physical therapy without a
license; providing other applicable sections; providing
definitions; providing for board composition; setting forth the
powers and duties of the board; clarifying rulemaking authority;
continuing a special revenue account; establishing license
requirements; providing for licensure for persons licensed in
another state; establishing renewal requirements; providing permit
requirements; requiring display of license; setting forth grounds
for disciplinary actions; allowing for specific disciplinary
actions; providing procedures for investigation of complaints;
providing for judicial review and appeals of decisions; setting
forth hearing and notice requirements; providing for civil causes
of action; providing criminal penalties and providing that a single act is evidence of practice.
Referred to the Committee on Government Organization.
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. 4166--A Bill to amend and
reenact §8-15-17 of the Code of West Virginia, 1931, as amended,
relating to firefighter transfers of employment to other fire
departments.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 31--Expressing the will of the
Legislature in supporting the legislation enacted by Congress in
May of 2009 called the Credit Card Act of 2009 and supporting
further measures that encourage stronger consumer protection
against credit card companies, and requesting that West Virginia's
congressional delegation also support stronger consumer protection
policies.
Referred to the Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 312, Authorizing Board of Trustees of Outdoor
Heritage Conservation Fund promulgate legislative rule relating to
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 the Judiciary.
Respectfully submitted,
John Pat Fanning,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Kessler, 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. 398, Prohibiting landfill disposal of certain
electronic devices.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 398 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §22-15A-22
of the Code of West Virginia, 1931, as amended, relating to
prohibiting disposal of certain electronics in landfills.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill (Com. Sub. for S. B. No. 398), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator White, from the Committee on Agriculture, submitted
the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Bill No. 403, Authorizing Commissioner of Agriculture
promulgate legislative rule relating to best management practices
for land application of waste products from aquaculture facilities.
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,
C. Randy White,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Kessler, 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. 436, Updating language relating to process of
incorporation.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
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. 506, Imposing penalties for falsifying State
Police Retirement Fund records.
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,
Dan Foster,
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 Fanning:
Senate Bill No. 512--A Bill to amend and reenact §20-2-19 of
the Code of West Virginia, 1931, as amended, relating to trap
markings.
Referred to the Committee on Natural Resources.
By Senators Chafin, Jenkins, Stollings, D. Facemire, Kessler,
Minard, Yost, Williams, Browning and Unger:
Senate Bill No. 513--A Bill to amend and reenact §8-15-8b of
the Code of West Virginia, 1931, as amended; to amend said code by
adding thereto a new section, designated §8-15-8d; and to amend and
reenact §33-3-14d of said code, all relating to permitting revenues
allocated to volunteer and part-time fire departments to be used
for workers' compensation premiums and length of service awards;
establishing a Volunteer Firefighter Length of Service Awards
Program Fund; providing the Insurance Commissioner with the rule-
making authority for establishing criteria for awards from the
fund; eliminating the ten percent portion of the premium tax on
taxable insurance premiums allocated to the Teachers Retirement
System Reserve Fund; and increasing moneys allocated to volunteer
and part-time fire departments by that same amount.
Referred to the Committee on Finance.
By Senators Jenkins, Stollings, Foster, Unger, Laird, Plymale, Palumbo and Kessler:
Senate Bill No. 514--A Bill to amend and reenact §60A-9-4 of
the Code of West Virginia, 1931, as amended, relating to the
Controlled Substances Monitoring Act; and modifying and clarifying
the controlled substances that are subject to reporting when a
prescription is filled or when the controlled substance is
dispensed by a medical services provider.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Kessler and Barnes:
Senate Bill No. 515--A Bill to amend and reenact §61-7-2 and
§61-7-10 of the Code of West Virginia, 1931, as amended, all
relating to prohibiting the purchase or attempt to purchase a
firearm from a firearm dealer by certain persons; increasing fines
for certain offenses; prohibiting and punishing a person other than
a law-enforcement officer who knowingly solicits, persuades,
encourages or entices a firearm or ammunition dealer or private
seller to violate firearm sales laws; providing definitions; and
conforming certain definitions to federal law.
Referred to the Committee on the Judiciary.
By Senators Fanning and Chafin:
Senate Bill No. 516--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §20-2-56b, relating to public shooting range permits, rules and fees; and setting criminal and civil penalties.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senators Jenkins, Foster, Minard, Stollings, Wells, Caruth,
Sypolt, Unger, Plymale and McCabe:
Senate Bill No. 517--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §39A-4-1, §39A-4-2, §39A-4-3, §39A-4-4, §39A-4-5, §39A-
4-6 and §39A-4-7, all relating to creating the Uniform Real
Property Electronic Recording Act; providing short title; defining
certain terms; clarifying validity of electronic documents and
electronic signatures; providing for recording of electronic
documents; requiring any county clerk implementing the provisions
of the act to comply with established standards; authorizing county
clerks to receive, index, store, archive and transmit electronic
documents; authorizing county clerks to allow public access, search
and retrieval of electronic documents; allowing county clerks to
convert paper documents accepted for recording into electronic
documents; authorizing county clerks to collect electronically any
tax or fee they are authorized by law to collect; authorizing
county clerks to agree with other jurisdictions on procedures or
processes necessary for electronic recording of documents;
authorizing the Governor's Office of Technology to work with
various interest groups to develop the standards necessary to electronically record real property documents; setting forth areas
for consideration when adopting or changing standards; providing
for uniformity of application and construction of the act; and
providing that this act modifies, limits and supersedes certain
parts of the federal Electronic Signatures in Global and National
Commerce Act.
Referred to the Committee on the Judiciary.
By Senators McCabe, Caruth, Browning, Barnes, Hall, Sypolt,
Deem, Boley, Guills, K. Facemyer, Minard, Plymale, Wells,
Stollings, Jenkins, Edgell, Williams, D. Facemire, Palumbo, Green,
Tomblin (Mr. President), Yost, Fanning, Helmick, White, Kessler,
Chafin, Laird, Unger, Snyder, Prezioso, Foster and Oliverio:
Senate Bill No. 518--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §5B-8-1, §5B-8-2, §5B-8-3, §5B-8-4, §5B-8-5 and §5B-8-6,
all relating to the creation of the Governor's Commission on
Shaping the Future of Energy for the United States; making
legislative findings; setting forth the members and officers of the
commission; setting the compensation and the funding for the
expenses of the commission; granting powers and duties to the
commission; requiring the commission to report to the Joint
Committee on Government and Finance and the Governor; and providing
for the termination of the commission.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on Finance.
Senators Stollings, Tomblin (Mr. President) and Plymale
offered the following resolution:
Senate Concurrent Resolution No. 24--Requesting the Division
of Highways to name bridge number 303-9-0.01, located in Boone
County, the "Private First Class Edward C. Miller Memorial Bridge".
Whereas, Edward C. Miller was born on March 16, 1918, in Boone
County, West Virginia; and
Whereas, Edward C. Miller got out of school and went to work
as an embalmer; and
Whereas, On February 4, 1941, Edward C. Miller enlisted in the
United States Army and was sent Fort Hayes in Ohio; and
Whereas, Edward C. Miller was stationed in Hawaii at Fort
Kamehameha when Japan bombed Pearl Harbor on December 7, 1941; and
Whereas, Private First Class Edward C. Miller survived the
attack by Japan and helped with the recovery efforts in Hawaii; and
Whereas, Private First Class Edward C. Miller was honorably
discharged from the Army on June 12, 1945, for his honest and
faithful service to his country; and
Whereas, Private First Class Edward C. Miller was married to
his beloved Ruth on June 30, 1945; and
Whereas, Sadly, Private First Class Edward C. Miller passed
away July 30, 1996, leaving behind family and friends to cherish
his memory; and
Whereas, It is fitting, to honor Private First Class Edward C.
Miller by naming bridge number 303-9-0.01, located in Boone County,
the "Private First Class Edward C. Miller Memorial Bridge";
therefore, be it
Resolved by the Legislature:
That the Legislature hereby requests the Division of Highways
name bridge number 303-9-0.01, located in Boone County, the
"Private First Class Edward C. Miller Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the bridge
as the "Private First Class Edward C. Miller Memorial Bridge"; and,
be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and the family of Edward C.
Miller.
Which, under the rules, lies over one day.
Senators Stollings, Tomblin (Mr. President), Plymale and
Chafin offered the following resolution:
Senate Concurrent Resolution No. 25--Requesting the Division
of Highways name bridge number 350-37-15.43, located in Wayne
County, the "Master Sergeant Ernie Wallace Memorial Bridge".
Whereas, Ernie Wallace was born in Wayne, West Virginia, on
January 30, 1944; and
Whereas, Ernie Wallace graduated from Wayne High School and
later enlisted in the United States Marine Corps; and
Whereas, Lance Corporal Ernie Wallace served as a machine
gunner with Company H, Second Battalion, Fourth Marines, Third
Marine Division during Operation Starlite in Vietnam on August 18,
1965; and
Whereas, Lance Corporal Ernie Wallace fearlessly exposed
himself to the enemy while providing cover by fire for the
evacuation of wounded Marines; and
Whereas, Lance Corporal Ernie Wallace was awarded the Navy
Cross for extraordinary heroism; and
Whereas, Lance Corporal Ernie Wallace's heroism and inspiring
dedication to duty reflected great credit upon himself and the
Marine Corps and were in keeping with the highest traditions of the
United States Naval Service; and
Whereas, Sadly, Master Sergeant Ernie Wallace passed from this
life March 11, 2008, leaving behind many family and friends, as
well as a grateful state and nation; and
Whereas, It is fitting, to honor the memory of Master Sergeant
Ernie Wallace for his dedicated service to this state and nation,
by naming bridge number 350-37-15.43, located in Wayne County, the
"Master Sergeant Ernie Wallace Memorial Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name bridge number 350-37-15.43, located in Wayne County, the
"Master Sergeant Ernie Wallace Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the bridge
as the "Master Sergeant Ernie Wallace Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and the family of Master Sergeant
Ernie Wallace.
Which, under the rules, lies over one day.
Senators Wells, Palumbo, Stollings, Plymale and McCabe offered
the following resolution:
Senate Concurrent Resolution No. 26--Requesting the Division
of Highways name bridge number 320-81-3.57, located in Kanawha
County, the "Private First Class Vernon L. Dillard Memorial
Bridge".
Whereas, Vernon L. Dillard was born in 1920, in Kanawha
County, West Virginia; and
Whereas, Vernon L. Dillard enlisted in the United States Army
in August of 1941; and
Whereas, Vernon L. Dillard served honorably in the United
States Army during World War II and was engaged in combat in both
Germany and France; and
Whereas, Vernon L. Dillard was wounded twice by enemy fire and received the Purple Heart for his sacrifice; and
Whereas, Sadly, Vernon L. Dillard was fatally wounded in
battle on April 25, 1945; and
Whereas, It is fitting, to honor the memory of Vernon L.
Dillard, who made the ultimate sacrifice for his state and country,
by naming bridge number 320-81-3.57, located in Kanawha County, the
"Private First Class Vernon L. Dillard Memorial Bridge"; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name bridge number 320-81-3.57, located in Kanawha County, the
"Private First Class Vernon L. Dillard Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the bridge
as the "Private First Class Vernon L. Dillard Memorial Bridge";
and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and the family of Vernon L.
Dillard.
Which, under the rules, lies over one day.
At the request of Senator Chafin, unanimous consent being
granted, the Senate returned 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. 519 (originating in the Committee on
Pensions)--A Bill to amend and reenact §8-22A-28 of the Code of
West Virginia, 1931, as amended, relating to extending Social
Security benefits to members of the West Virginia Municipal Police
Officers and Firefighters Retirement System.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Dan Foster,
Chair.
On motion of Senator Foster, the bill (S. B. No. 519)
contained in the preceding report from the Committee on Pensions
was referred to the Committee on Finance.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 405, Authorizing DEP promulgate
legislative rule relating to oil and gas wells and other wells.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Sypolt, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 380, Expanding animal fighting
prohibitions.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 420, Denying certain retired troopers from
carrying handguns.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 499, Changing names of certain community and
technical colleges.
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.
Senate Bill No. 350, Recategorizing recycled energy as
renewable energy resource.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Pending announcement of meetings of standing committees of the
Senate, including a majority party caucus,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, February 10, 2010, at 11 a.m.
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