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WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2010
THIRTY-FOURTH DAY
____________
Charleston, W. Va., Monday, February 15, 2010
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable John R. Unger II, a
senator from the sixteenth district and Vicar, St. John Evangelical
Lutheran Church, Harpers Ferry, West Virginia.
Pam Powers Moore, Sweet Song Ministries, Buckhannon, West
Virginia, then proceeded in the singing of "American Tears" and
"Somebody's Prayin'".
Pending the reading of the Journal of Friday, February 12,
2010,
On motion of Senator McCabe, 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.
At the request of Senator Chafin, and by unanimous consent,
the provisions of rule number fifty-four of the Rules of the
Senate, relating to persons entitled to the privileges of the floor, were suspended in order to grant United States military
veterans privileges of the floor for the day.
On motion of Senator Chafin, the Senate recessed for five
minutes to permit Henry Wang to address the Senate on behalf of the
Governor's School for the Arts and Amber Ridings on behalf of the
Governor's Honors Academy.
Upon expiration of the recess, the Senate reconvened and
proceeded to the third order of business.
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. 8--Requesting the Division of
Highways to name the bridge in Bendale on State Route 19, 0.34 mile
south of the junction of County Route 19/3 and crossing the West
Fork River, bridge number 21-19-22.03, as the "Lance Corporal Larry
Steven Heater Memorial Bridge".
Referred to the Committee on Transportation and
Infrastructure.
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. 15--Requesting the bridge
currently named "Spring Creek Bridge" in Greenbrier County, West
Virginia, crossing Spring Creek located in Renick, West Virginia, specifically bridge number 13-219-25.47, be named the "John Joseph
Walkup, Jr. Bridge".
Referred to the Committee on Transportation and
Infrastructure.
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. 28--Requesting the bridge in
Bruceton Mills crossing I-68 at the Bruceton Mills exit, mile
marker 23, in Preston County, West Virginia, specifically bridge
number 39-73/11-0.04(2835), be named the "Trooper First Class James
Thomas Brammer Memorial Bridge".
Referred to the Committee on Transportation and
Infrastructure.
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. 30--Requesting the Division of
Highways name the B&O overpass bridge number 52-7-33.52 on State
Route 7 in Hundred, Wetzel County, West Virginia the "Chief Warrant
Officer John Michael Hohman Memorial Bridge".
Referred to the Committee on Transportation and
Infrastructure.
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. 35--Requesting the Division of
Highways to name bridge number 51-15-8.40 on State Route 15 in
Diana, Webster County, the "Dr. Mabel Nichols Bridge".
Referred to the Committee on Transportation and
Infrastructure.
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. 37--Requesting the Route 60
bridge at the Western edge of Milton, Cabell County, West Virginia,
specifically bridge number 06-60-20.49, be named the "CMS Marshall
Irvin Pauley Memorial Bridge, Killed in Action, Vietnam 1966".
Referred to the Committee on Transportation and
Infrastructure.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators Minard, Yost, Snyder, White, Edgell, Boley, Chafin
and Stollings:
Senate Bill No. 573--A Bill to amend and reenact §6-9-7 of the
Code of West Virginia, 1931, as amended, relating to allowing audits to be published electronically with notice to the proper
authorities.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Boley, Yost, Sypolt, Wells, Barnes, Deem,
Stollings, Kessler and Williams:
Senate Bill No. 574--A Bill to amend and reenact §2-2-1a of
the Code of West Virginia, 1931, as amended, relating to making
December 7 a special memorial day known as Pearl Harbor Day to
honor all West Virginians who fought in World War II.
Referred to the Committee on Military; and then to the
Committee on Government Organization.
By Senator Laird:
Senate Bill No. 575--A Bill to amend and reenact §8-10-2a and
§8-10-2b of the Code of West Virginia, 1931, as amended; to amend
and reenact §17B-3-3a, §17B-3-3c and §17B-3-6 of said code; and to
amend and reenact §50-3-2a of said code, all relating to suspension
of driving, hunting and fishing licenses for failure to pay costs,
fines, forfeitures, restitutions or penalties.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senator Unger:
Senate Bill No. 576--A Bill to amend and reenact §16-13A-3 and
§16-13A-7 of the Code of West Virginia, 1931, as amended, all relating to public service districts; providing that members serve
at the will and pleasure of the governing body that appoints them;
and requiring public service districts to obtain the support of the
county commission for projects that require a certificate of public
convenience and necessity before proceeding with the project.
Referred to the Committee on Government Organization.
By Senator Kessler:
Senate Bill No. 577--A Bill to amend and reenact §47-21-2 and
§47-21-20 of the Code of West Virginia, 1931, as amended, all
relating to clarifying the definition of "charitable raffle";
providing criminal and civil penalties, license suspension and
revocation; and authorizing forfeiture and destruction of property
provisions.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Prezioso:
Senate Bill No. 578--A Bill to amend and reenact §24A-1-3 of
the Code of West Virginia, 1931, as amended, relating to exempting
motor vehicles used by the Department of Health and Human Resources
from the jurisdiction of the Public Service Commission; and
providing a safety and insurance exception.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Prezioso, Chafin, Stollings and Foster:
Senate Bill No. 579--A Bill to amend and reenact §16-29G-2 of
the Code of West Virginia, 1931, as amended, relating to increasing
the representation on the Health Information Network Board.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Government Organization.
By Senators Prezioso, Stollings, Laird, Foster and Oliverio:
Senate Bill No. 580--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-27-38, relating to retaining nursing educators;
providing up to a $3,500 tax credit for full-time nursing faculty
members in the state; establishing the criteria for taking the
credit; granting rule-making authority to the State Tax
Commissioner; and defining terms.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Prezioso, Foster and Kessler:
Senate Bill No. 581--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §16-5B-18, relating to establishing the Primary Stroke
Center Hospital Designation Act; and designating hospitals as
primary stroke centers.
Referred to the Committee on Health and Human Resources.
By Senators White, Chafin, Stollings and Kessler:
Senate Bill No. 582--A Bill to amend and reenact §23-4-15 of the Code of West Virginia, 1931, as amended, relating to increasing
from one year to three years the time in which a dependent may
apply for workers' compensation death benefits where occupational
pneumoconiosis is determined to be a cause of death.
Referred to the Committee on the Judiciary.
Senators Prezioso, Jenkins, Stollings, Foster and Oliverio
offered the following resolution:
Senate Concurrent Resolution No. 28--Expressing the will of
the Legislature to repeal the Medicare Sustainable Growth Rate that
currently governs physician payments and to support measures to
permanently fix the Medicare Physician payment problem.
Whereas, West Virginia has the largest proportion of
population on Medicare of any state; and
Whereas, Recent AARP polls found that nearly ninety percent of
people over the age of fifty are concerned that the current
Medicare physician payment formula threatens their access to care;
and
Whereas, Physicians and other health professionals face an
unprecedented twenty-one percent cut in Medicare payment rates
March 1, 2010, with additional cuts in future years; and
Whereas, Physicians are central to the delivery of health care
and Medicare's payment system should encourage quality and
affordable care; and
Whereas, By repealing the Sustainable Growth Rate formula, the "Medicare Physician Payment Reform Act" would eliminate all these
forecast cuts; and
Whereas, Medicare cuts will further erode seniors' access and
choice of physician; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature of West Virginia is opposed to the
Medicare Sustainable Growth Act which jeopardizes seniors' access
to care and physicians' confidence in the government's commitment
to a strong and reliable Medicare program; and, be it
Further Resolved, That the Legislature of West Virginia
supports legislation to permanently repeal the Medicare Sustainable
Growth Rate that currently governs Medicare physician payments;
and, be it
Further Resolved, That the Legislature of West Virginia
support measures to permanently fix the Medicare Physician payment
problem; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to United States
Senators Robert C. Byrd and John D. Rockefeller IV and
Representatives Nick J. Rahall, Alan B. Mollohan and Shelley M.
Capito.
Which, under the rules, lies over one day.
Senator Jenkins offered the following resolution:
Senate Concurrent Resolution No. 29--Requesting the Division of Highways name bridge number 6-60-15.00, over the CSX Railroad at
Cyrus Creek Road, located on Route 60 in Cabell County, the "Glenn
Holton Memorial Bridge".
Whereas, Glenn Holton, of Salt Rock, West Virginia, was born
March 8, 1942, the son of William and Opal Holton; and
Whereas, Glenn Holton was a graduate of Barboursville High
School where he participated in football, baseball, track and
basketball; and
Whereas, Glenn Holton attended West Virginia University where
he was a solid college football cocaptain, performer and leader;
and
Whereas, Glenn Holton was drafted by the NFL Detroit Lions;
and
Whereas, Sadly, Glenn Holton's life was cut short when he was
killed in an automobile accident at the age of 36; and
Whereas, Glenn Holton is sorely missed by his family, friends,
coworkers and all those who crossed his path in life; and
Whereas, It is fitting, to honor the memory of Glenn Holton,
by naming bridge number 6-60-15.00, over the CSX Railroad at Cyrus
Creek Road, located on Route 60 in Cabell County, the "Glenn Holton
Memorial Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name bridge number 6-60-15.00, over the CSX Railroad at Cyrus Creek Road, located on Route 60 in Cabell County, the "Glenn Holton
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 "Glenn Holton 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 Glenn Holton.
Which, under the rules, lies over one day.
Senators Palumbo, Foster, McCabe, Wells, Stollings and
Oliverio offered the following resolution:
Senate Resolution No. 22--Honoring Melquan Brown for his
heroic actions and designating him as a Distinguished West
Virginian.
Whereas, Melquan Brown is a 15-year-old student at Capitol
High School in Charleston, West Virginia; and
Whereas, On the night of January 16, 2010, Melquan Brown was
in Cottageville, Jackson County, West Virginia, when he noticed
that 13-year-old Bridget Camp had fallen through the ice of a
frozen creek and was submerged in the frigid water; and
Whereas, Without hesitation or regard for his own life,
Melquan Brown dove into the frigid water and pulled Bridget Camp to
safety; and
Whereas, Melquan Brown's selfless and courageous actions saved the life of Bridget Camp; and
Whereas, Melquan Brown embodies the traits of a true West
Virginian and his heroic deed will not be forgotten; therefore, be
it
Resolved by the Senate:
That the Senate hereby honors Melquan Brown for his heroic
actions and designates him as a Distinguished West Virginian; and,
be it
Further Resolved, That the Senate hereby expresses its
appreciation to Melquan Brown for his courageous act of saving the
life of a fellow West Virginian; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to Melquan Brown.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Chafin, and by unanimous
consent, the remarks by Senator Palumbo regarding the adoption of
Senate Resolution No. 22 were ordered printed in the Appendix to
the Journal.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Senators Boley, Jenkins, Prezioso, Chafin, Wells, McCabe,
Stollings, Laird, Foster, Kessler, Oliverio and Williams offered
the following resolution:
Senate Resolution No. 23--Designating February 15, 2010, as
"Veterans Visibility Day".
Whereas, From the Revolutionary War, which gave America its
identity as a free and democratic nation, to this moment, America's
men and women have always risen to the call of duty in order to
defend and preserve our freedom and help maintain freedom
throughout the world; and
Whereas, Per capita, more citizens from West Virginia have
served in our nation's armed forces than from any other state. We
are proud of our citizens who, despite danger, have done what they
must for peace and freedom; and
Whereas, Through wars, conflicts and the threat of terror,
thousands of West Virginians have paid the ultimate price for
freedom with their lives and thousands more have been wounded in
battle; and
Whereas, The Senate is proud to honor those currently serving
in harm's way in Iraq, Afghanistan and in other countries all over
the world to protect democracy from the threat of terror; and
Whereas, It is always important that we honor the many brave
West Virginians who have faced the enemy, been wounded and even
given their lives not only for our freedom, but for freedom around the world; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 15, 2010, as
"Veterans Visibility Day"; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Division of Veterans' Affairs.
At the request of Senator Boley, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator McCabe, and by unanimous
consent, the remarks by Senator Wells regarding the adoption of
Senate Resolution No. 23 were ordered printed in the Appendix to
the Journal.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Senators Boley, Jenkins, Prezioso, Chafin, Wells, McCabe,
Stollings, Laird, Foster, Kessler, Oliverio and Williams offered
the following resolution:
Senate Resolution No. 24--Honoring all West Virginia veterans
who fought for our freedom in World War II.
Whereas, West Virginia veterans, their families, and citizens
of West Virginia were significantly impacted by the attack on Pearl Harbor on December 7, 1941; and
Whereas, December 7, 1941, was a "Day of Infamy" which
directly resulted in the United States entry into World War II; and
Whereas, More than 16 million Americans and 233,985 West
Virginians took part in the war that lasted from December 7, 1941,
to September 5, 1945, to preserve our way of life as a free people;
and
Whereas, More than 485,000 World War II patriots paid the
supreme sacrifice and millions more offered their services and
fortunes to preserve our freedom; and
Whereas, West Virginia mothers and fathers sacrificed nearly
6,800 of their sons and daughters to the cause of World War II to
insure our freedom as mountaineers; and
Whereas, The West Virginia Veterans Coalition represents
members of the American Legion, Veterans of Foreign Wars, Disabled
American Veterans, POW-MIA, Military Order of the Purple Heart,
Vietnam Veterans of America, Marine Corps League, Pearl Harbor
Survivors Association, Military Officers of America, Fleet Reserve
Association, Paralyzed Veterans of America, Air Force Association,
Korean War Veterans of America, Blind Veterans Association, the
Retired Enlisted Association, West Virginia National Guard, West
Virginia Reserves and Woman Veterans of America; therefore, be it
Resolved by the Senate:
That the Senate hereby honors all West Virginia veterans who fought for our freedom in World War II; and, be it
Further Resolved, That the Senate expresses its sincere
gratitude to the West Virginia veterans of World War II; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the West Virginia Veterans Coalition.
At the request of Senator Boley, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator White, and by unanimous
consent, the remarks by Senators Kessler and Bowman regarding the
adoption of Senate Resolution No. 24 were ordered printed in the
Appendix to the Journal.
The Senate proceeded to the seventh order of business.
Senate Resolution No. 21, Honoring Donald Spence for
dedication to education.
On unfinished business, coming up in regular order, was
reported by the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was laid over one day, retaining its place
on the calendar.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 38, Creating WV
Servicemembers Civil Relief 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, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Plymale--2.
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. 38) 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. 218, Providing for early
parole eligibility for certain inmates.
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: Boley, Bowman,
Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Prezioso, Snyder, Stollings,
Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--30.
The nays were: Barnes and Sypolt--2.
Absent: Caruth and Plymale--2.
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. 218) 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 Com. Sub. for Senate Bill No. 236, Creating
Aquaculture Development 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, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Plymale--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 236) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 391, Relating to county board of
education members' eligibility.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. Com. Sub. for Senate Bill No. 397, Creating single
dwelling residential housing index and multiplier.
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, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Plymale--2.
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. 397) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 436, Updating language relating to
process of incorporation.
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, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Plymale--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 436) 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 ninth order of business.
Com. Sub. for Senate Bill No. 89, Relating to reinstating
former police chiefs or deputy chiefs to previously held positions.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 354, Updating terms and
reporting procedures for traffic crashes.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 382, Relating to certain oil and gas drilling
geologic reports.
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. 372, Updating language in WV Medical Practice
Act.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 498, Amending civil definitions
of "neglect" and "caregiver".
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
On motion of Senator Chafin, leaves of absence for the day
were granted Senators Caruth and Plymale.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Tuesday, February 16, 2010, at 11 a.m.
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