WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-FIRST LEGISLATURE
REGULAR SESSION, 2013
TWENTY-NINTH DAY
____________
Charleston, W. Va., Wednesday, March 13, 2013
The Senate met at 11 a.m.
(Senator Kessler, Mr. President, in the Chair.)
Prayer was offered by the Reverend Dr. Braxton Broady, Ebenezer Baptist Church, Charleston, West Virginia.
Pending the reading of the Journal of Tuesday, March 12, 2013,
On motion of Senator Green, 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 fourth order of business.
Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 11, Relating to WV schedules of controlled substances.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 11 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact §60A-1-101 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60A-2-204, §60A-2-206, §60A-2-208, §60A-2-210 and §60A-2-212 of said code, all relating generally to schedules of controlled substances; modifying and including definitions; and updating West Virginia schedules of controlled substances to include certain substances found in the federal schedules of controlled substances.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Ron Stollings,
Chair.
The bill (Com. Sub. for S. B. No. 11), under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 27, Relating to administration of opioid antidote in emergency situations.
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,
Ron Stollings,
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. 100, Requiring mandatory use of armored vests by law enforcement.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 100 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-14-3a; and to amend and reenact §15-2-10 of said code, all relating to requiring law-enforcement officers to wear certain armored vests when feasible; requiring municipal police chiefs to create a policy regarding the mandatory use of certain armored vests; and requiring the Superintendent of the West Virginia State Police to create a policy regarding the mandatory use of certain armored vests.
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,
Corey Palumbo,
Chair.
The bill (Com. Sub. for S. B. No. 100), under the original double committee reference, was then referred to the Committee on Finance.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 108, Creating Unintentional Pharmaceutical Drug Overdose Fatality Review Team.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Herb Snyder,
Chair.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 221, Authorizing Office of Administrative Hearings promulgate legislative rule relating to appeal procedures.
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 the Judiciary.
Respectfully submitted,
Robert D. Beach,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Transportation and Infrastructure pending.
Senator Facemire, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 226, Authorizing Board of Barbers and Cosmetologists promulgate legislative rule relating to barber apprenticeships.
Senate Bill No. 266, Authorizing DHHR promulgate legislative rule relating to fees for services.
Senate Bill No. 293, Authorizing Board of Optometry promulgate legislative rule relating to schedule of fees.
Senate Bill No. 304, Authorizing Board of Examiners for Registered Professional Nurses promulgate legislative rule relating to fees for services rendered by board and supplemental renewal fee for Center for Nursing.
And,
Senate Bill No. 312, Authorizing Bureau of Senior Services promulgate legislative rule relating to in-home care worker registry.
And reports the same back with the recommendation that they each do pass; but under the original triple committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Douglas E. Facemire,
Vice Chair.
The bills, under the original triple committee references, were then referred to the Committee on the Judiciary.
Senator Laird, 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. 229, Authorizing Conservation Committee promulgate legislative rule relating to operation of State Conservation Committee and conservation districts.
With an amendment from the Committee on Agriculture and Rural Development pending;
And reports the same back with the recommendation that it do pass as amended by the Committee on Agriculture and Rural Development to which the bill was first referred; but under the original triple committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
William R. Laird IV,
Chair.
The bill, under the original triple committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Agriculture and Rural Development pending.
Senator Facemire, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Bill No. 245, Authorizing DEP promulgate legislative rule relating to horizontal well development.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 2579, Revising state water quality standard for Selenium.
And has amended same.
And reports the same back with the recommendation that they each do pass, as amended; but under the original double committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Douglas E. Facemire,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary, with amendments from the Committee on Energy, Industry and Mining pending.
Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 258, Authorizing DHHR promulgate legislative rule relating to chronic pain management clinic licensure.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original triple committee reference first be referred to the Committee on Finance; and then to the Committee on the Judiciary.
Respectfully submitted,
Ron Stollings,
Chair.
The bill, under the original triple committee reference, was referred to the Committee on Finance; and then to the Committee on the Judiciary, with an amendment from the Committee on Health and Human Resources pending.
Senator Facemire, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 267, Authorizing DHHR promulgate legislative rule relating to reportable diseases, events and conditions.
With an amendment from the Committee on Health and Human Resources pending;
And reports the same back with the recommendation that it do pass as amended by the Committee on Health and Human Resources to which the bill was first referred; but under the original triple committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Douglas E. Facemire,
Vice Chair.
The bill, under the original triple committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Health and Human Resources pending.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 269, Authorizing Commissioner of Highways promulgate legislative rule relating to transportation of hazardous wastes upon roads and highways.
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,
Robert D. Beach,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 353, Establishing First Informer Broadcasters Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 353 (originating in the Committee on Government Organization)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-5C-1, §15-5C-2, §15-5C-3 and §15-5C-4, all relating to establishing the First Informer Broadcasters Act; defining terms; permitting broadcasters to develop plans for preparing and responding to emergencies and disasters; permitting broadcasters to train and certify certain personnel to be first informer broadcasters; setting forth what training and certification plans must contain; and requiring, to the extent practicable, government agencies to allow first emergency broadcasters access to emergency areas to repair equipment critical to their emergency broadcasting responsibilities.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Herb Snyder,
Chair.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 359, Relating generally to reforming public education.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 359 (originating in the Committee on Education)--A Bill to repeal §18-2-23a and §18-2-32 of the Code of West Virginia, 1931, as amended; to repeal §18-2E-5c of said code; to repeal §18-2I-6 and §18-2I-7 of said code; to repeal §18A-3A-2a and §18A-3A-6 of said code; to amend and reenact §18-1-4 of said code; to amend and reenact §18-2-24 of said code; to amend said code by adding thereto a new section, designated §18-2-39; to amend and reenact §18-2E-5 of said code; to amend and reenact §18-2I-1, §18-2I-2, §18-2I-3, §18-2I-4 and §18-2I-5 of said code; to amend and reenact §18-3-1 and §18-3-12 of said code; to amend said code by adding thereto a new section, designated §18-3-9b; to amend and reenact §18-5-18, §18-5-44 and §18-5-45 of said code; to amend and reenact §18-5A-5 of said code; to amend and reenact §18A-2-1 and §18A-2-7 of said code; to amend said code by adding thereto two new sections, designated §18A-3-1d and §18A-3-1e; to amend and reenact §18A-3-2a of said code; to amend and reenact §18A-3A-1, §18A-3A-2 and §18A-3A-3 of said code; to amend and reenact §18A-4-2a, §18A-4-7a, §18A-4-8, §18A-4-8a and §18A-4-14 of said code; to amend and reenact §18A-5-2 of said code; to amend and reenact §18C-1-2 of said code; to amend and reenact §18C-4-1, §18C-4-2, §18C-4-3 and §18C-4-4 of said code; and to amend said code by adding thereto three new sections, designated §18C-4A-1, §18C-4A-2 and §18C-4A-3, all relating to transforming and improving public education; removing outdated language; requiring the State Board of Education, the Higher Education Policy Commission and the Council for Community and Technical College Education to collaborate in formally adopting uniform and specific college- and career-readiness standards for English/language arts and math; providing methods for determining whether students have met the college- and career-readiness standards; requiring that an explicit focus be embedded in each course on the development of English/language arts and math skills; requiring a twelfth-grade transitional course for both English/language arts and math for students not on track to be college ready; requiring professional development on teaching the college- and career-readiness standards to be included in the State Board’s Master Plan for Professional Staff Development; requiring the state board to require all teacher preparation programs to include appropriate training for teaching adopted standards in at least grades eight through twelve; requiring the use of certain assessments, exams or tests for determining whether a student is eligible for a remedial course; requiring accountability for increasing the percentage of students who meet the standards and for increasing the percentage of students who are making adequate progress toward meeting the standards; removing requirement applicable to annual county and school strategic improvement plans; modifying requirements for high-quality education standards for student, school and school system performance and processes; modifying requirements pertaining to a comprehensive statewide student assessment program; removing provisions relating to No Child Left Behind annual measures; modifying provisions pertaining to the state annual performance measures for school and school system accreditation; removing provisions pertaining to requiring the standards to include indicators of exemplary student, school and school system performance and progress; eliminating the Process for Improving Education Council; modifying component of system of education performance audits; expanding state board authority pertaining to the Office of Education Performance Audit’s reporting formats; eliminating condition for on-site review; removing prohibition of certain duplicate reviews or inspections; removing provisions pertaining to persons who are to conduct an on-site review; removing list of areas for which the office may not review; modifying provisions pertaining to school accreditation; removing provision allowing a student to transfer from a low-performing school under certain conditions; professional development; establishing clear state-level leadership of professional development; providing findings on the importance of professional development; requiring State Board of Education to develop a master plan for professional development; requiring submission of plan to certain entities; requiring goals to be established and included in the master plan; requiring state board rules; setting forth minimum components of the rule; requiring annual report on the statewide professional development plan; modifying language pertaining to the Strategic Staff Development Fund; modifying State Superintendent of Schools qualifications and removing his or her salary limit; requiring State Superintendent to reduce the amount budgeted for personal services, related employee benefits and contractual expenditures related to employment in fiscal years 2014 and 2015; increasing the number of schools to be included in a special community development pilot program; modifying other provisions pertaining to the pilot program; requiring kindergarten and early childhood aides to transition to one of three new assistant teacher positions after date certain; exempting those eligible for retirement before July 1, 2020; requiring early childhood education programs to be made available five days a week for the full day; allowing program to be for fewer than five days per week and less than full day under certain circumstances; allowing parent to withdraw child for good cause; providing for local control of the school calendar; defining terms and establishing findings about the school calendar; requiring a 200-day employment term; requiring one hundred eighty separate days of actual instruction are to be provided for students; requiring school term to include out-of-calendar days that are to be used for instructional days in the event school is canceled; requiring county policy for adding minutes or days to school calendar for certain purpose; requiring that one hundred eighty days be within a 365-day period set by the county board; limiting noninstructional interruptions to instructional day; requiring state board or State Superintendent approval of proposed county calendar; requiring public meetings for discussions of a school system’s calendar; allowing the state board to grant a waiver to certain code sections that prevent a school system from meeting one hundred eighty instructional days; requiring state board rule to implement the calendar section provisions; removing language about faculty senates on instructional support and enhancement days; requiring the local board to provide at least four additional two-hour blocks of time during noninstructional days, with each block scheduled once at least every forty-five instructional days; prohibiting principals from recommending for employment certain individuals that are related to him or her; allowing reassignment of teachers when a vacancy was not foreseen before March 1 based on pupil-teacher ratio; requiring state board to determine whether a group qualifies as a national teaching corps; allowing participants in a national teaching corps to become classroom teachers; creating a critical need alternative teacher certificate; providing that the certificate is only valid for teaching in subject areas, public schools or geographic areas in which the state board determines that critical teacher shortages exist; providing that the certificate is a two-year certificate that can be renewed for one year; setting forth minimum requirements to receive a critical need alternative teacher certificate; creating a professional support team for these new teachers; recommendation for certification of teachers on the critical need alternative teaching certificate by support team; requiring state board rules that must at least include additional requirements for a person with a critical need alternative teaching certificate to obtain a professional certificate; amending requirements for professional teaching certificates through alternative certifications; further defining “critical need alternative teaching certificates”; providing for salary bonus for classroom teachers with a National Board for Professional Teaching Standards renewal certificate; providing for reimbursement of the renewal certification fee; removing language that limits the number of board-certified teachers who can receive reimbursement per year; adding seniority to the list of factors to be considered when filling vacancies in professional positions of employment; eliminating restrictive hiring language for classroom teaching positions; allowing county boards to give consideration to recommendations made by the principal and the faculty senate; allowing released employees to be hired for certain vacancies prior to the job being posted; limiting bumping to within a school with county seniority; allowing for multiple postings within a thirty-day period under certain conditions; removing language that limits internal school bumping to elementary school; allowing reassignment of a teacher within his or her school upon consent of teacher and county board; eliminating the 43-week limit on the employment term for service personnel; creating three new types of early childhood classroom assistant teacher positions; assigning a pay grade to the new positions; requiring state board study on planning periods; clarifying that not all holidays will be counted as a day of the employment term and that pay per pay period cannot change as a result; providing that snow days are not counted as days of employment or days of instruction; providing definitions; scholarships and loan assistance for teachers in critical need areas; creating loan assistance program; determining subject and geographic areas of critical need; requiring legislative rules for program administration; revising eligibility criteria and specifying effective date; determining eligibility and awarding loan assistance; establishing criteria for inclusion in scholarship and loan assistance agreements; requiring payments to be made directly to a lending entity; requiring model contract agreements; specifying loan amount, limits and duration of loan assistance; requiring repayment under certain conditions; specifying excusal from repayment under certain conditions; and making technical corrections and deleting obsolete language.
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,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 359) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 367, Creating Citizens Elected County Officials Compensation Commission.
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,
Herb Snyder,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 376, Relating to DUI hearings before Office of Administrative Hearings.
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,
Herb Snyder,
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. 394, Relating to scholarships for dependent children of state troopers who die in performance of duty.
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,
Corey Palumbo,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance, with an amendment from the Committee on the Judiciary pending.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 404, Defining certain habitually absent student as neglected child.
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 Judiciary.
Respectfully submitted,
Robert H. Plymale,
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. 412, Relating to removal of elected county conservation district supervisors from office.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Laird, 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. 414, Clarifying hunting and fishing license-issuing authorities.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 414 (originating in the Committee on Natural Resources)--A Bill to amend and reenact §20-2-32 of the Code of West Virginia, 1931, as amended, relating to issuing hunting and fishing licenses; and clarifying who may be designated a license-issuing authority.
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,
William R. Laird IV,
Chair.
The bill (Com. Sub. for S. B. No. 414), under the original double committee reference, was then referred to the Committee on Finance.
Senator Wells, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 460, Exempting certain residents' active duty military pay from state income tax.
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,
Erik P. Wells,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance, with an amendment from the Committee on Military pending.
Senator Facemire, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Bill No. 463, Increasing special license fee paid by pipeline companies to PSC.
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,
Douglas E. Facemire,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 464, Regulating tanning facilities.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 464 (originating in the Committee on Health and Human Resources)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-45-1, §16-45-2, §16-45-3, §16-45-4, §16-45-5 and §16-45-6, all relating generally to regulation of tanning facilities; defining terms; setting forth requirements for registration, inspection and obtaining a permit; requiring a consent form; setting forth consent form language; creating operating standards; prohibiting the use of tanning devices by anyone under the age of eighteen; granting rule-making authority to the Department of Health and Human Resources to regulate tanning facilities; setting forth minimum requirements for the rule; allowing fees; and establishing criminal penalties.
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,
Ron Stollings,
Chair.
At the request of Senator Prezioso, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Health and Human Resources.
Senator Laird, 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. 467, Revising stocking permit requirements for release of aquatic species into state waters.
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,
William R. Laird IV,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Concurrent Resolution No. 8, Requesting DOH name portion of Route 38 in Fayette County "Sizemore Moran Veterans Memorial Road".
And reports back a committee substitute for same as follows:
Com. Sub. for Senate Concurrent Resolution No. 8 (originating in the Committee on Transportation and Infrastructure)–-Requesting the Division of Highways to name the portion of Route 38, from its intersection at Route 16 to its intersection at Route 61, in Fayette County, West Virginia, the “Sizemore Moran Veterans Memorial Road”.
Whereas, Jackson Douglas Sizemore, Phillip Sizemore, Arthur Sizemore, Fred Sizemore, Ralph Sizemore and Harry Moran, the sons and son-in-law of Mr. and Mrs. Phillip Sizemore, Sr., of Oak Hill, West Virginia, all served their country admirably in the United States armed forces; and
Whereas, Jackson Douglas Sizemore enlisted in the Army on August 2, 1939, and was stationed on the Island of Oahu, Hawaii, where he served during the attack on Pearl Harbor; and
Whereas, Phillip Sizemore, Jr., enlisted in the Navy on September 29, 1942, and after being stationed in California served his country in the South Pacific; and
Whereas, Arthur Sizemore enlisted in the Navy on September 17, 1941, where he was assigned to the Naval Cook and Bakers’ School at Norton Heights, Connecticut, and went on to serve for more than two years in the Caribbean; and
Whereas, Fred Sizemore enlisted in the Navy on September 20, 1940, served on the U. S. S. Phoenix, a cruiser with the Pacific fleet, and battled the Japanese during the invasion of Pearl Harbor; and
Whereas, Ralph Sizemore enlisted in the Navy on September 14, 1943, was assigned to the United States Naval Air Technical Training Center in Chicago, served all over the Pacific, and fought in the Battle of Leyte Gulf; and
Whereas, Harry Moran, brother-in-law of the Sizemore brothers, enlisted in the U. S. Army Air Corps, received his basic training at Aberdeen Proving Grounds in Maryland, was a member of the Flying Tigers and went on to serve his country in Asia; and
Whereas, Jackson Douglas Sizemore, Phillip Sizemore, Arthur Sizemore, Fred Sizemore, Ralph Sizemore and Harry Moran did a great service to their country in time of conflict and war, and will always be remembered for their service; and
Whereas, It is fitting and proper to create a lasting tribute in honor of the Sizemore-Moran brothers, for their dedicated service to their country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the portion of Route 38, from its intersection at Route 16 to its intersection at Route 61, in Fayette County, West Virginia, the “Sizemore Moran Veterans Memorial Road”; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the route as the “Sizemore Moran Veterans Memorial Road”; 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 to Arthur and Ralph Sizemore.
Senate Concurrent Resolution No. 10, Requesting DOH name bridge in Lincoln County "Shelton Topping Bridge".
And reports back a committee substitute for same as follows:
Com. Sub. for Senate Concurrent Resolution No. 10 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name the Atenville Beam Span Bridge on Rt. 10, Lincoln County, .1 mile south of South Route 68, bridge number 22-10-6.54, the “Shelton Topping Bridge”.
Whereas, Shelton Topping was born May 11, 1926. He has been married to Edith Maynard Topping for sixty-two years. They had three children, eight grandchildren and ten great grandchildren. He is an Elder at 14 Mile Church of Christ and upstanding member of the Harts Community. He is a World War II veteran, joining the Army in November, 1944, at seventeen years old. He was awarded the Bronze Star, badges for Marksmanship, the Combat Infantry and a European African Middle Eastern campaign ribbon. Additionally, he has the Honor Service Lapel, commonly known as the ruptured duck. Shelton Topping says the reason for joining the Army was “There were six boys in our family and five of them were in the service. My older brother told me I’d better join up soon, or the war would be over before I’d get to go in.” He was a member of the Third Infantry Division of the Army in Company D. Company D was the oldest outfit in the U. S. Army. It was founded and served under General George Washington during the Revolutionary War. When General Patton died in Europe, in December, 1945, Company D served as an Honor Guard at his funeral. Shelton Topping began his military training at Camp Joseph T. Robertson, near Little Rock, Arkansas, was later sent to Fort Meade, Maryland, and then to Camp Shanks in New York before leaving for Europe. He left New York, crossed the English Channel to reach Le Havre, France, and then traveled by train to Germany. In January, 1945, the Third Infantry Division had smashed the Colmar pocket and was driving the last German soldier from the area. The division hit the line again in March, 1945. The main Siegfried Line positions south of Zweibruecken, Germany, were breached and the Third was on its way to the Rhine River a second time. Light opposition was encountered and on March 23, the division was moved on the Rhine Plain, in the triangle formed by Bad Duerkheim-Frankenthal-Worms to prepare for a crossing of the river. In March, the division was across the Rhine and driving deep into the heart of Germany. The Third’s last major battle was at Nuremberg where the Germans put up their last big effort to deal a mortal blow. After three weeks there, the war ended. Shelton Topping’s company turned to guarding prisoners of war. They had 4,500 prisoners to guard. They processed the prisoners five hundred men at a time and only eight American soldiers would guard this large group of men. Although he was eighteen at the end of the war, he celebrated his nineteenth and twentieth birthdays overseas. Mr. Topping served as a Special Honor Guard at the United Nations building at the American Embassy in Berlin. The Honor Guard was made up of four soldiers from four countries: The United States, England, France and Russia. There were eighteen regular guards and four honor guards. In order to be an American Honor Guard, one had to be a Bronze Star recipient. Upon returning to the United States from active duty, Mr. Topping studied for his General Educational Development Test, then attended Marshall University. He taught in a one-room school in Sand Creek, West Virginia, and later at a one room school in Atenville, West Virginia. Because teaching school made it difficult to support a family at that time, he had to quit teaching and go work in the coal mines. He worked for Island Creek Coal Company in Logan County, until he retired; and
Whereas, The contributions of Shelton Topping to his country, state and community should not go unnoticed. It is fitting to honor Shelton Topping by naming the bridge on Rt. 10, Lincoln County, .1 mile south of South Route 68 for Shelton Topping; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the Atenville Beam Span bridge on Rt. 10, Lincoln County, .1 mile south of South Route 68, bridge number 22-10-6.54, the “Shelton Topping 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 “Shelton Topping 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, to Mr. Shelton Topping and to his surviving children and relatives.
Senate Concurrent Resolution No. 13, Requesting DOH name bridge in Lewis County "J. Cecil Jarvis Memorial Bridge".
And reports back a committee substitute for same as follows:
Com. Sub. for Senate Concurrent Resolution No. 13 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name the bridge over Skin Creek on Skin Creek Road in Lewis County, bridge number 21-30-7.25, the “J. Cecil Jarvis Memorial Bridge”.
Whereas, J. Cecil Jarvis was born on May 11, 1949, in Clarksburg, West Virginia, and passed away as a result of a bicycle crash on the bridge over Skin Creek on Skin Creek Road in Lewis County on May 27, 2007; and
Whereas, J. Cecil Jarvis grew up in Clarksburg, West Virginia, and graduated from Washington Irving High School; and
Whereas, J. Cecil Jarvis graduated from Lehigh University and Vanderbilt Law School; and
Whereas, J. Cecil Jarvis practiced for over thirty years with the Clarksburg, West Virginia, law firm of McNeer, Highland, McMunn & Varner; and
Whereas, J. Cecil Jarvis was a member of the Bridgeport United Methodist Church of Bridgeport, West Virginia; and
Whereas, J. Cecil Jarvis was survived by his wife, Rebecca, his children, Amy, Jennie and Brian, and his grandchildren, John, Nathan, Robert, Cole, Henry and Evelynn; and
Whereas, J. Cecil Jarvis served two terms on the Board of Directors of United Hospital Center, was Chairman of the Board for several years and was a leader and champion of the fund raising for and building of the new United Hospital Center Building; and
Whereas, J. Cecil Jarvis served on the Board of Directors of the West Virginia United Health System, and was highly instrumental in merging United Hospital Center into the West Virginia United Health System; and
Whereas, J. Cecil Jarvis served as President of Clarksburg Publishing Company from 2002 until his passing, publishing the widely circulated Clarksburg Exponent-Telegram, and contributing a weekly column based on estate planning and taxation; and
Whereas, J. Cecil Jarvis served on the board of the Harrison County Chamber of Commerce and served as President of the Harrison County Bar Association; and
Whereas, J. Cecil Jarvis was a strong advocate for healthy living, pursuing athletic and outdoor activities at every opportunity, including hunting, fishing, four Iron Man triathlons and two Boston marathons, the last completed shortly before his passing; and
Whereas, It is fitting and proper that J. Cecil Jarvis’ life, distinguished career, service to his community and the outstanding example he set for his peers and members of the next generation be honored by naming the bridge over Skin Creek on Skin Creek Road in Lewis County, bridge number 21-30-7.25, the “J. Cecil Jarvis Memorial Bridge”; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the bridge over Skin Creek on Skin Creek Road in Lewis County, bridge number 21-30-7.25, the “J. Cecil Jarvis 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 “J. Cecil Jarvis 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 to the family of J. Cecil Jarvis.
And,
Senate Concurrent Resolution No. 15, Requesting DOH name Logan County Route 5/12 "Private First Class Troy Franklin Tomblin Memorial Highway".
And reports back a committee substitute for same as follows:
Com. Sub. for Senate Concurrent Resolution No. 15 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name the Logan County Route 5/12 (White Oak Road) from the junction of White Oak Creek Road (Co. Rt. 5/11) 0.00-0.35 the “Army Private First Class Troy Franklin Tomblin Memorial Highway”.
Whereas, Troy Franklin Tomblin was born March 25, 1947, to Troy and Nettie Tomblin in Harts, West Virginia. He had six siblings. He was a Baptist and graduated from Chapmanville High School in 1965. He enlisted in the United States Army and started a tour of duty on October 29, 1966, as a Private First Class Infantryman, a member of B Company, Second Battalion, Eight Infantry, Fourth Infantry Division, United States Army in Vietnam. He was killed in action in Kontum Province, South Vietnam, on February 21, 1967. Private First Class Troy Franklin Tomblin was awarded the Purple Heart, Vietnam Service Medal, Vietnam Campaign Medal and National Defense Medal; and
Whereas, Army Private First Class Troy Franklin Tomblin gave his life in the service of his country and state and his sacrifice should not go unnoticed; and
Whereas, It is fitting to honor Troy Franklin Tomblin by naming the Logan County Route 5/12 (White Oak Road) from the junction of White Oak Creek Road (Co. Rt. 5/11) 0.00-0.35 the "Army Private First Class Troy Franklin Tomblin Memorial Highway"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the Logan County Route 5/12 (White Oak Road) from the junction of White Oak Creek Road (Co. Rt. 5/11) 0.00-0.35 the “Army Private First Class Troy Franklin Tomblin Memorial Highway"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the road as the “Army Private First Class Troy Franklin Tomblin Memorial Highway"; 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 to the surviving family and relatives of Troy Franklin Tomblin.
With the recommendation that the four committee substitutes be adopted.
Respectfully submitted,
Robert D. Beach,
Chair.
At the request of Senator Unger, unanimous consent being granted, the resolutions (Com. Sub. for S. C. R. Nos. 8, 10, 13 and 15) contained in the preceding report from the Committee on Transportation and Infrastructure were taken up for immediate consideration and considered simultaneously.
The question being on the adoption of the resolutions, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Concurrent Resolution No. 14, Requesting DOH name portion of State Route 20 in Upshur County "Thomas B. Dunn Memorial Highway".
And,
Senate Concurrent Resolution No. 16, Requesting DOH name County Route 5/07 in Logan County "Army PFC James Edward Workman Memorial Road".
And reports the same back with the recommendation that they each be adopted.
Respectfully submitted,
Robert D. Beach,
Chair.
At the request of Senator Unger, unanimous consent being granted, the resolutions (S. C. R. Nos. 14 and 16) contained in the preceding report from the Committee on Transportation and Infrastructure were taken up for immediate consideration and considered simultaneously.
The question being on the adoption of the resolutions, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
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 Tucker and Fitzsimmons:
Senate Bill No. 506--A Bill to amend and reenact §31A-4-8 of the Code of West Virginia, 1931, as amended, relating to directors of state-chartered banking institutions; and providing an alternate means of meeting the residency requirement for a majority of the directors of a state-chartered banking institution.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Cann, Jenkins and McCabe:
Senate Bill No. 507--A Bill to amend and reenact §5-10-31 of the Code of West Virginia, 1931, as amended; and to amend and reenact §15-2A-5 of said code, all relating to removing the requirement to set employer contribution rate for the Public Employees Retirement System and the State Police Retirement System by legislative rule; and clarifying funding rate which affects employee contribution rate in State Police Retirement System.
Referred to the Committee on Pensions.
By Senators Prezioso, Cann, Stollings and McCabe:
Senate Bill No. 508--A Bill to amend and reenact §18B-10-1 of the Code of West Virginia, 1931, as amended, relating to a per-credit-hour tuition demonstration pilot project.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Laird:
Senate Bill No. 509--A Bill to amend and reenact §33-22-2 of the Code of West Virginia, 1931, as amended, relating to farmers' mutual fire insurance companies; providing for verification of debris removal prior to the payment of proceeds; imposing a statutory lien on fire insurance proceeds in the event of a total loss to real property; requiring farmers' mutual fire insurance companies to notify insured and municipality or county after determining that a claim involves a total loss to real property; requiring a municipality or county to perfect the lien within thirty days of notice of a total-loss determination; providing for release of the lien upon satisfaction of certain conditions; and clarifying obligations and liability.
Referred to the Committee on Banking and Insurance; and then to the Committee on Government Organization.
By Senators Wells, Fitzsimmons, Green, Yost and Snyder:
Senate Bill No. 510--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6-7-2b, relating to exception to limitation on salaries of certain appointive state officers.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Yost, Edgell, Fitzsimmons, D. Hall, Laird, Wells, Unger and Williams:
Senate Bill No. 511--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §9A-5-1 and §9A-5-2, all relating to creating the West Virginia Veterans Auxiliary Fund.
Referred to the Committee on Military; and then to the Committee on Finance.
By Senator Yost:
Senate Bill No. 512--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to the reduction of state income taxes for certain state and federal retirees by increasing the exemption on retirement income in calculating the federal gross income for state personal income tax purposes.
Referred to the Committee on Finance.
By Senator Yost:
Senate Bill No. 513--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to personal income tax; and increasing adjustments to gross income for military, National Guard and reserve retirement income of resident individuals.
Referred to the Committee on Military; and then to the Committee on Finance.
By Senators Wells and Barnes:
Senate Bill No. 514--A Bill to amend and reenact §18A-4-10 of the Code of West Virginia, 1931, as amended, relating generally to school personnel; and requiring that personal leave for illness and other causes for employees of county boards shall accrue monthly.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Cole, Carmichael, Green, D. Hall and Stollings:
Senate Bill No. 515--A Bill to amend and reenact §17C-15-42 of the Code of West Virginia, 1931, as amended, relating to television receivers and other devices installed in vehicles; restrictions; conditions for use; and inapplicability of section to specific devices.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senators Yost, Miller and Carmichael:
Senate Bill No. 516--A Bill to amend and reenact §47-11B-9 of the Code of West Virginia, 1931, as amended, relating to the bond required for closing-out sales, fire sales and defunct business sales.
Referred to the Committee on Labor; and then to the Committee on the Judiciary.
By Senators Cann, Plymale, D. Hall, M. Hall and Stollings:
Senate Bill No. 517--A Bill to repeal §33-4-7 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §33-1-22; to amend and reenact §33-4-8 of said code; to amend and reenact §33-15-4d and §33-15-14 of said code; to amend said code by adding thereto a new section, designated §33-15-22; to amend and reenact §33-16-3h and §33-16-10 of said code; to amend said code by adding thereto a new section, designated §33-16-18; to amend said code by adding thereto three new sections, designated §33-16D-17, §33-16D-18 and §33-16D-19; to amend and reenact §33-24-7c and §33-24-43 of said code; to amend said code by adding thereto a new section, designated §33-24-7l; to amend and reenact §33-25-8b of said code; to amend said code by adding thereto a new section, designated §33-25-8i; to amend and reenact §33-25-20 of said code; to amend and reenact §33-25A-8b of said code; to amend said code by adding thereto a new section, designated §33-25A-8k; to amend and reenact §33-25A-31 of said code; and to amend said code by adding thereto two new sections, designated §33-28-8 and §33-28-9, all relating to creating the West Virginia Fair Health Insurance Act of 2013; defining “illusionary benefit” to require benefits to cover at least seventy-five percent of health care service; establishing reasonable copays among common insurance needs; preventing insurance companies from discriminating against licensed health care practitioners to whom they will pay for a covered service; preventing insurance companies from arbitrarily defining medically necessary rehabilitation services to avoid making payment for a covered service or for a service that should be covered; making physical therapy and rehabilitation services a mandated covered service for any health insurance plan; and increasing the monetary criminal penalty for insurance companies that violate any provisions of the chapter.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Tucker and Plymale:
Senate Bill No. 518--A Bill to repeal §33-25C-5, §33-25C-6, §33-25C-7, §33-25C-9 and §33-25C-11 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §33-16H-1, §33-16H-2, §33-16H-3 and §33-16H-4, all relating to adverse benefit determinations by insurance companies and managed care organizations; mandating utilization review and internal grievance processes; providing for external review of adverse determinations; defining terms; providing for judicial review of certain decisions; providing that a decision rendered by an independent review organization that is adverse to the issuer is binding on the issuer and not subject to further review; preserving other causes of action; deleting similar provisions applicable to only health maintenance organizations; and directing promulgation of emergency rules and proposal of legislative rules.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senator Barnes:
Senate Bill No. 519--A Bill to amend and reenact §7-7-4 of the Code of West Virginia, 1931, as amended, relating to providing county commissioners an ongoing mechanism to consider compensation increases for elected officials every two years; and proportionate increase to county employees.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Cann, Kessler (Mr. President), M. Hall, Kirkendoll, McCabe, Plymale, Stollings, Tucker, Williams and Palumbo:
Senate Bill No. 520--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2I-1, §5B-2I-2, §5B-2I-3, §5B-2I-4, §5B-2I-5, §5B-2I-6, §5B-2I-7, §5B-2I-8, §5B-2I-9, §5B-2I-10, §5B-2I-11, §5B-2I-12, §5B-2I-13, §5B-2I-14, §5B-2I-15, §5B-2I-16, §5B-2I-17, §5B-2I-18, §5B-2I-19, §5B-2I-20, §5B-2I-21, §5B-2I-22, §5B-2I-23, §5B-2I-24, §5B-2I-25, §5B-2I-26, §5B-2I-27, §5B-2I-28, §5B-2I-29, §5B-2I-30, §5B-2I-31, §5B-2I-32, §5B-2I-33, §5B-2I-34, §5B-2I-35, §5B-2I-36, §5B-2I-37, §5B-2I-38, §5B-2I-39, §5B-2I-40 and §5B-2I-41; to amend said code by adding thereto a new article, designated §11-6L-1, §11-6L-2, §11-6L-3, §11-6L-4, §11-6L-5, §11-6L-6 and §11-6L-7; and to amend said code by adding thereto a new article, designated §11-21A-1, §11-21A-2, §11-21A-3, §11-21A-4, §11-21A-5, §11-21A-6, §11-21A-7, §11-21A-8, §11-21A-9, §11-21A-10, §11-21A-11, §11-21A-12, §11-21A-13, §11-21A-14, §11-21A-15, §11-21A-16, §11-21A-17 and §11-21A-18, all relating generally to economic development and job creation; creating the West Virginia Project Launch Pad Act providing short title; providing legislative purpose and finding; defining certain terms; providing criteria for establishment of West Virginia project launchpads by Governor; allowing county commissions and county councils to apply for launchpad designations; providing for form and content of applications; specifying process for review of applications and criteria for designating geographic areas as launchpads and for expansion and decertification of launchpads; providing economic benefits for businesses locating or expanding in launchpads including state and local tax relief and other economic benefits; prohibiting qualified businesses in a launchpad from employing illegal aliens, engaging in illegal activity; being delinquent in payment of state and local taxes; permitting transfer of economic benefits to successor businesses; requiring qualified business to comply with applicable zoning laws and state and local building and other codes; providing for recapture of taxes and other economic benefits under specified circumstances; promulgation of rules; imposing civil and criminal penalties for noncompliance; providing rules of application and construction; requiring periodic reports to Governor and Legislature; providing for severability and expiration; providing a special method for appraising property in launchpad for economic development; providing short title; defining certain terms; providing method of valuation of launchpad property; providing for initial determination of value by assessor and for protest and appeals; requiring periodic reports to Governor and Legislature and specifying effective dates; creating the Promoting West Virginia Employment Act’ providing short title and scope of article; defining certain terms; providing qualification for benefits; specifying benefits upon application and review; specifying annual cap on benefits; providing for recapture of benefits; providing for administration and enforcement of article including issuance of regulations; requiring periodic reports to Governor and Legislature; and specifying effective dates.
Referred to the Committee on Economic Development; and then to the Committee on Finance.
Senators Jenkins, Unger, Kessler (Mr. President), D. Hall, Stollings, Plymale and Williams offered the following resolution:
Senate Resolution No. 32--Recognizing the Huntington Prep basketball team for its outstanding accomplishments on the basketball court and excellence in the classroom.
Whereas, Huntington Prep is a private basketball program that attracts elite high school student-athletes from around the world; and
Whereas, Under the leadership of Coach Rob Fulford, a native of Mullens, West Virginia, Huntington Prep has compiled a record of 109 wins to only 13 losses during the last four years, and has established itself as one of the elite basketball prep programs in the country; and
Whereas, Over the past four years, Huntington Prep has helped twenty-five players, including eight seniors this year, receive full athletic scholarships totaling over $2 million; and
Whereas, Huntington Prep has had twelve McDonald’s All-American nominees, was the 2012-2013 preseason #1 ranked team in the nation by both USA Today and Max Preps, and has maintained a national top 10 ranking throughout the year; and
Whereas, Huntington Prep has had two games televised nationally by ESPN this year, and will also be covered nationally by the network during the National High School Invitational April 4-6, 2013; and
Whereas, Huntington Prep players are full-time students at St. Joseph Central Catholic High School in Huntington, West Virginia, where they are awarded with a first-class, private education; and
Whereas, For all of their success on the basketball court, Huntington Prep players also excel in the classroom with a combined team grade point average of 3.31, and with two players maintaining a 4.0 for the year; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the Huntington Prep basketball team for its outstanding accomplishments on the basketball court and excellence in the classroom; and, be it
Further Resolved, That the Senate acknowledges the hard work and dedication of each coach and player on the Huntington Prep team and wishes each of them well on a bright future ahead; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Huntington Prep basketball team.
At the request of Senator Jenkins, 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 resumed business under the sixth order.
Senators Plymale, Unger, Kessler (Mr. President), Jenkins, Stollings and Williams offered the following resolution:
Senate Resolution No. 33--Congratulating the Cabell Midland High School Boys’ Cross Country Team for winning the 2013 Class AAA State Championship.
Whereas, The Cabell Midland Boys’ Cross Country Team had an extraordinary 2013 season, in route to winning its eighth State Championship; and
Whereas, The Cabell Midland High School Boys’ Cross Country Team is coached by Chris Parsons and consists of members Nick Adams, Jacob Burcham, Avery Campbell, Niles Dailey, Jacob Dillinger, Mason Dino, Ryan Dotson, David Jobe, Jared King, Brian Lawhon, Jeremy Waugh, Hunter Adkins, Brock Herrenkohl, Seth Myers, Amos Parlock, Luke Short, Eric Wooten, Brandon Adams, Anthony Alexander, Michael Ashworth, Brandon Atkinson, Grant Briers, Jeremy Cooper, Ethan Copley, Nick Crouch, Nick Dave, Nathanael Edmunds, Austin Jarrell, Keaton Kaplan, Nick Molina, Jacob Whitmore, Brock Bellomy, Mason Bills, Coleton Carter, Jeremiah Parlock, Nick Salmons, Will Sheils, Andrew Short and Adam Whitmore; and
Whereas, In addition to the team’s success, Jacob Burcham was the individual state champion and is the most decorated distance runner in West Virginia high school history; and
Whereas, The Cabell Midland High School Boys’ Cross Country Team displayed their strong will and determination for an entire season and are a shining example of what can be accomplished with hard work, dedication and spirit; and
Whereas, The Cabell Midland High School Boys’ Cross Country Team will be remembered as one of the best teams ever assembled in West Virginia high school cross country history; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the Cabell Midland High School Boys’ Cross Country Team for winning the 2013 Class AAA State Championship; and, be it
Further Resolved, That the Senate acknowledges the hard work and dedication of each coach and team member on the Cabell Midland High School Boys’ Cross Country Team and wishes each of them well on a bright future ahead; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Cabell Midland High School Boys’ Cross Country Team.
At the request of Senator Plymale, 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 resumed business under the sixth order.
Senators Beach, Unger, Kessler (Mr. President), Jenkins, Stollings, Plymale, Williams and Palumbo offered the following resolution:
Senate Resolution No. 34--Recognizing West Virginia truck drivers for excellence, professionalism and safety in truck driving.
Whereas, Truck driving championships are considered one of the industry’s largest and most effective safety programs; and
Whereas, Each driver has a chance to demonstrate his or her driving and inspection skills, knowledge and professionalism through a series of tests including a written examination, pretrip inspection test and finally, the most visible, the skills test; and
Whereas, Ten truck drivers represented the State of West Virginia at the National Truck Driving Championships in Minneapolis, Minnesota; and
Whereas, John Hodges, a professional truck driver from Hurricane, West Virginia, was awarded the 2012 Grand Champion Award. Hodges, a UPS Freight driver, also took first place in 3-Axle Semi-trailer; James Priddy, a professional truck driver for FedEx Freight, from Charleston, West Virginia, took first place in 4-Axle Tractor Semi-trailer; Tim Hodges, a professional truck driver for UPS Freight, from Hurricane, West Virginia, took first place in 5-Axle Van; Clarence Jenkins, Jr., a professional truck driver for UPS Freight, from Poca, West Virginia, took first place in 5-Axle Tank; John Gibson, a professional truck driver for ABF Freight Systems, from Scott Depot, West Virginia, took first place in 5-Axle Tank; Kenneth Grimmett, a professional truck driver for Con-Way Freight, from Fayetteville, West Virginia, took first place in 5-Axle Flatbed; Richard Spaur, a professional truck driver for Con-Way Freight, from Parkersburg, West Virginia, took first place in Twins; Steve Looney, a professional truck driver for Petroleum Transport Inc., from St. Albans, West Virginia, took first place in Sleeper; Tim Bailey, Jr., a professional truck driver for UPS, from Salem, West Virginia, took first place in Step Van; and Eric Johnson, a professional truck driver for FedEx Freight, from Sisterville, West Virginia, was named Rookie of the Year; and
Whereas, The National Truck Driving Championships represent the best of the best in truck driving, and these ten West Virginia truck drivers proved to the rest of the country that they are the best, something all West Virginians can be proud of; and
Whereas, These ten professional truck drivers have driven a combined eighteen million accident-free miles and have over 216 years behind the wheel; and
Whereas, There are more than 3.1 million professional truck drivers nationwide and over 34,480 truck drivers in the State of West Virginia; and
Whereas, The trucking industry plays a critical role in West Virginia’s economy by transporting over sixty-seven percent of its manufactured freight tonnage throughout the state and the nation; and
Whereas, Citizens in over eighty-four percent of West Virginia communities depend exclusively on the dedicated service of professional truck drivers to keep the shelves of our local supermarkets fully stocked, to deliver medicine and medical supplies to hospitals and clinics and to deliver goods at every stage of production; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes West Virginia truck drivers for excellence, professionalism and safety in truck driving; and, be it
Further Resolved, That the Senate commends the excellence in truck driving demonstrated by the ten truck drivers who won first place in their class at the National Truck Driving Championships; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia Truck Driving Champions.
At the request of Senator Beach, 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. 19, Requesting DOH name bridge in Kanawha County "U. S. Army Sgt. Archie W. Searls Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 20, Requesting DOH name portion of State Route 80 in McDowell County "Army PFC Phill G. McDonald Medal of Honor Recipient Memorial Highway".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 200, Relating to Eyewitness Identification Act.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 200) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 372, Creating criminal offense for interfering with emergency service call.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 372) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
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. 159, Creating Uniform Real Property Transfer on Death Act.
Senate Bill No. 368, Clarifying certain criminal conviction constitutes basis for voiding marriage.
Senate Bill No. 383, Authorizing family court judges appoint counsel in certain contempt cases.
And,
Com. Sub. for Senate Bill No. 427, Clarifying requirements for certain motor vehicle searches.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Stollings.
Pending announcement of meetings of standing and select committees of the Senate,
On motion of Senator Unger, the Senate adjourned until tomorrow, Thursday, March 14, 2013, at 11 a.m.
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