sdj-35th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2011
THIRTY-FIFTH DAY
____________
Charleston, W. Va., Tuesday, February 15, 2011
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Bishop William Boyd Grove, Retired
Bishop of the West Virginia Conference of the United Methodist
Church, Charleston, West Virginia.
West Virginia University saxophone quartet then proceeded in
the playing of "Bourrée from Suite No. 1" and "That's A Plenty".
Pending the reading of the Journal of Monday, February 14,
2011,
On motion of Senator D. Facemire, the Journal was approved and
the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 255, Making supplementary appropriation
of unappropriated moneys to various accounts.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2161--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §5-26-1 and §5-26-2, all relating to the
creation of the Herbert Henderson Office of Minority Affairs;
establishing the powers and duties of the office; providing for an
executive director, staff and office; requiring annual reports to
the Governor and the Joint Committee on Government and Finance; and
creating a Minority Affairs Fund.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2248--A Bill to amend and
reenact §15-10-5 of the Code of West Virginia, 1931, as amended,
relating to the extension of state law enforcement authority to
federal law enforcement officers under certain circumstances;
extending state law enforcement authority to police and
investigators with the Department of Veterans Affairs under
appropriate circumstances; extending state law enforcement
authority to special investigators with the Office of Inspector
General under appropriate circumstances; and extending state law
enforcement authority to federal air marshals under appropriate circumstances.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2347--A Bill to amend and
reenact §48-27-505 of the Code of West Virginia, 1931, as amended,
relating to increasing the effective period for domestic violence
protective orders; increasing the effective period for domestic
violence protective orders in cases not involving aggravating
factors from 90 days or 6 months to 6 months or 1 year; and
increasing the effective period for a domestic violence protective
order in cases where aggravating factors are proven from one year
to two years.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2695--A Bill to amend and reenact §5F-2-1,
of the Code of West Virginia, 1931, as amended; to amend and
reenact §10-5-1, §10-5-2, §10-5-3 and §10-5-4 of said code; and to
amend said code by adding thereto a new section, designated §10-5-
6, all relating to the educational broadcasting authority;
modifying organizational structure; declaring legislative findings;
deleting outdated language; authorizing the authority and its
employees to work with certain private nonprofit corporations; authorizing the use of the authority's property and facilities for
fundraising purposes; authorizing the authority to solicit funds
for the support of public broadcasting; requiring memoranda of
understanding; and providing exemption from disclosure for names of
private donors.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2922--A Bill to amend and
reenact §17C-5-2 of the Code of West Virginia, 1931, as amended,
relating to establishing the felony offense of causing serious
bodily injury to another person by a person who is driving under
the influence of alcohol, controlled substances or other drugs, or
any combination thereof, or driving while having an alcoholic
concentration in his or her blood of two hundredths of one percent
or more, by weight, at a time when his or her privilege to drive
has been lawfully suspended or revoked for driving under the
influence of alcohol, controlled substances or other drugs, or any
combination thereof, or for refusing to take a secondary chemical
test of blood alcohol content, or at a time when he or she is
participating in the Motor Vehicle Alcohol Test And Lock Program;
and providing criminal penalties.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2989--A Bill to amend and reenact §19-23-
16 of the Code of West Virginia, 1931, as amended, relating to
creating a process by which the West Virginia Racing Commission may
grant stay requests pending an appeals of orders by stewards or
judges; permitting the appointment of hearing examiners who must be
licensed to practice law in the state; and providing that if the
Racing Commission modifies or rejects a hearing examiner's
recommended decision, its order doing so must provide findings of
fact, conclusions of law and set forth with specificity the reasons
for the modification or rejection.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2990--A Bill to amend and reenact §19-23-8
of the Code of West Virginia, 1931, as amended, relating to
changing the renewal of Racing Commission-issued occupational
permits from December 31 of each year to a schedule determined
according to the applicant's date of birth.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 29--Requesting the Division of
Highways to name the bridge near Martinsburg in Berkeley County on
Route 45, where it crosses Opequon Creek, bridge number 2-09-17.48,
as the "Simpson Brothers Veterans Bridge".
Referred to the Committee on Transportation and
Infrastructure.
The Senate proceeded to the fourth order of business.
Senator Williams, from the Committee on Agriculture, submitted
the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Bill No. 48, Creating Jackson's Mill 4-H Camp Tax
Checkoff Program.
And,
Senate Bill No. 351, Regulating captive cervid farming as
agricultural enterprise.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on Finance.
Respectfully submitted,
Bob Williams,
Chair.
At the request of Senator Williams, unanimous consent being
granted, the bills (S. B. Nos. 48 and 351) contained in the
preceding report from the Committee on Agriculture were each taken
up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee references, were then referred to the Committee on Finance.
Senator Browning, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Bill No. 201, Creating Energy Efficient Building Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 201 (originating in the
Committee on Economic Development)--A Bill to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new article,
designated §11-13BB-1, §11-13BB-2, §11-13BB-3, §11-13BB-4, §11-
13BB-5, §11-13BB-6, §11-13BB-7, §11-13BB-8, §11-13BB-9, §11-13BB-
10, §11-13BB-11, §11-13BB-12, §11-13BB-13 and §11-13BB-14, all
relating to authorizing a tax credit against business franchise
tax, corporate net income tax or personal income tax for eligible
expenditures incurred in placing in service a residential or
nonresidential energy-efficient building; defining terms;
establishing the amount of tax credit permitted; requiring an
application prior to taking the credit; providing the credit will
be taken over a ten-year period; allowing the credit to be carried
forward; providing that the tax credit is transferrable; providing
for the forfeiture of the credit in certain instances; prohibiting
the carryback of the credit; authorizing the recapture of the
credit; providing a statute of limitations; authorizing rulemaking;
and requiring reports to be made.
And,
Senate Bill No. 243, Relating to Neighborhood Investment
Program Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 243 (originating in the
Committee on Economic Development)--A Bill to amend and reenact
§11-13J-4a, §11-13J-6, §11-13J-8 and §11-13J-12 of the Code of West
Virginia, 1931, as amended, all relating to the Neighborhood
Investment Program Act; specifying that board members who are
affiliated, directly or indirectly, with an applicant may not
discuss or vote on the applicant's proposal; increasing total
maximum aggregate tax credits certified in any state fiscal year;
specifying total maximum aggregate tax credits allowed in any state
fiscal year; extending the date for termination of the Neighborhood
Investment Program; and providing technical and clerical cleanup.
With the recommendation that the two committee substitutes do
pass; but under the original double committee references first be
referred to the Committee on Finance.
Respectfully submitted,
Richard Browning,
Chair.
At the request of Senator Browning, unanimous consent being
granted, the bills (Com. Sub. for S. B. Nos. 201 and 243) contained
in the preceding report from the Committee on Economic Development
were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee
references, were then referred to the Committee on Finance.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 227 (originating in the
Committee on Economic Development), Relating to Creative
Communities Development Pilot Program.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 227 (originating
in the Committee on Finance)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §5B-2H-1, §5B-2H-2, §5B-2H-3, §5B-2H-4, §5B-2H-5, §5B-
2H-6, §5B-2H-7, §5B-2H-8, §5B-2H-9, §5B-2H-10, §5B-2H-11 and §5B-
2H-12, all relating to the Creative Communities Development Pilot
Program; providing legislative findings and intent; creating the
Creative Communities Development Fund; establishing the Creative
Communities Development Board; providing requirements for
applications for the use of matching funds from the Creative
Communities Development Fund; providing for review of applications
by the West Virginia Development Office; establishing that the
Creative Communities Development Board shall have the authority to
approve matching grants from Creative Communities Development Fund;
establishing matching requirements from applicants; establishing
eligible expenditures; defining parameters of agreement between West Virginia Development Office and a community for use of grant
funds; providing for a review and audit of expenditures by West
Virginia Development Office; and providing for review of Creative
Communities Development Pilot Program.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 234, Revising Municipal Economic Opportunity
Development District Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 234 (originating in the
Committee on Finance)--A Bill to amend and reenact §8-38-3,
§8-38-4, §8-38-5, §8-38-7, §8-38-10, §8-38-12, §8-38-15, §8-38-16,
§8-38-17 and §8-38-20 of the Code of West Virginia, 1931, as
amended, all relating to revising the Municipal Economic
Opportunity Development District Act generally; enlarging the types
of municipal corporations that may use sales tax increment
financing to finance certain economic development projects to any
Class I, Class II and Class III city and any Class IV town or
village; including "mining operations" in the definition of "remediation"; including remediation of former coal or other mining
sites as a permissible development expenditure for a project;
changing the standard by which the maximum amounts of reserves that
may be established in the financing of a project are measured;
recommending that the Development Office consider whether the
economic development that a project enables is large enough to
require that it contain mixed-use development consisting of a
housing component with at least ten percent of housing units in the
district allocated for affordable housing when determining whether
there is a pressing need for the project; defining "affordable
housing"; reducing the amount of capital investment required for
project approval; allowing the Development Office to reduce the
minimum amount of local sales tax revenues that would be deposited
into the state's General Revenue Fund in certain circumstances;
providing that the maximum repayment schedule of all notes, bonds
or other instruments issued to fund projects is thirty years; and
providing technical and clerical cleanup.
And,
Senate Bill No. 235, Revising County Economic Opportunity
Development District Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 235 (originating in the
Committee on Finance)--A Bill to amend and reenact §7-22-3,
§7-22-4, §7-22-5, §7-22-7, §7-22-10, §7-22-12, §7-22-15, §7-22-17
and §7-22-20 of the Code of West Virginia, 1931, as amended, all relating to revising the County Economic Opportunity Development
District Act generally; defining the term "remediation"; including
remediation of landfills, former coal or other mining sites, solid
waste facilities or hazardous waste sites as permissible
development expenditures for approved projects; changing standard
by which the maximum amounts of reserves that may be established in
the financing of a project are measured; reducing the amount of
capital investment required for project approval; providing that
the Development Office cannot approve a project involving
remediation unless all development expenditures proposed within a
certain time frame result in more than $25 million in capital
investment in the district; changing "ordinance" to "order";
correcting language by changing "municipality" to "county";
providing that the Development Office may not approve a project
involving remediation unless the county commission submits clear
and convincing information that the proposed remediation
expenditures to be financed with bonds or notes do not constitute
more than twenty-five percent of a project's total development
expenditures; and providing technical and clerical cleanup.
With the recommendation that the two committee substitutes do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 245, Relating to protection of Chesapeake Bay
Watershed.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 245 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §22C-1-27
of the Code of West Virginia, 1931, as amended; to amend and
reenact §29-22-18a of said code; to amend said code by adding
thereto a new section, designated §29-22-18d; to amend and reenact
§31-15A-9 of said code; and to amend said code by adding thereto a
new section, designated §31-15A-17b, all relating to protection of
the Chesapeake Bay Watershed; increasing the bonding authority of
the Water Development Authority for limited purpose; increasing
amount of excess lottery revenue deposited to infrastructure fund;
providing for distribution to infrastructure fund where excess
lottery revenue shortfall occurs; providing exemption for excess
lottery revenue deposited to infrastructure fund; creating the West
Virginia Infrastructure Lottery Revenue Debt Service Fund and
providing for purpose of new fund; authorizing Water Development
Authority to issue revenue bonds for certain Chesapeake Bay
Watershed projects; establishing deadline for publicly owned
wastewater facilities subject to Chesapeake Bay compliance
standards to submit ten-year projected capital funding plan to
Infrastructure Council for review and approval; providing
eligibility for funding; requiring Water Development Authority to report to Joint Committee on Government and Finance regarding total
cost of Chesapeake Bay compliance projects; making Chesapeake Bay
compliance projects with funding approved before a certain date
eligible for grant funding; and limiting eligibility of grant
funding.
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.
At the request of Senator Palumbo, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 245) contained in the
preceding report from the Committee on the Judiciary 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 Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 286, Authorizing Department of Administration
promulgate legislative rule relating to state-owned vehicles.
With an amendment from the Committee on Government
Organization pending;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Government Organization 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,
Roman W. Prezioso, Jr.,
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 Government Organization pending.
Senator Browning, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Bill No. 344, Reducing disincentive for new capital
investment.
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,
Richard Browning,
Chair.
At the request of Senator Browning, unanimous consent being
granted, the bill (S. B. No. 344) contained in the preceding report
from the Committee on Economic Development 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 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. 357, Relating to reporting beaver and river
otter taken and tagged.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 357 (originating in the
Committee on Natural Resources)--A Bill to amend and reenact §20-2-
21 of the Code of West Virginia, 1931, as amended, relating to
reporting beaver and otter taken, tagged and checked.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
William R. Laird IV,
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. 358, Authorizing electronic registration of
wildlife.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
William R. Laird IV,
Chair.
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. 382, Specifying activities entitling certain
members of National Guard or reserve to leave of absence.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 382 (originating in the
Committee on Military)--A Bill to amend and reenact §15-1F-1 of the
Code of West Virginia, 1931, as amended, relating to specifying
additional activities for which members of the National Guard or
armed forces reserve who are also public officials and employees
are entitled to a military leave of absence; and setting the
maximum number of hours which may be accumulated for a military
leave of absence.
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,
Erik P. Wells,
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 Military.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 436, Continuing personal income tax adjustment
to gross income of certain retirees.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
At the request of Senator Foster, unanimous consent being
granted, the bill (S. B. No. 436) contained in the preceding report
from the Committee on Pensions 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.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senator Foster:
Senate Bill No. 511--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §62-12-2a, relating to implementing the Honest Opportunity Probation and Enforcement Program; legislative
findings; and penalties.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Kessler (Acting President), Unger, Palumbo, Wills,
Browning, Snyder, Green, Jenkins, Plymale and Foster:
Senate Bill No. 512--A Bill to amend and reenact §50-1-3 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§51-1-10a of said code; to amend and reenact §51-2-13 of said code;
and to amend and reenact §51-2A-6 of said code, all relating
generally to the salaries of supreme court justices, circuit court
judges, family court judges and magistrates.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Minard:
Senate Bill No. 513--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §33-2-21a, relating to workers' compensation programs of
state government entities and their employees; defining
participants and exceptions thereto; designating the Insurance
Commissioner to manage workers' compensation risks of state
entities; creating a purchasing exemption for the program;
authorizing commissioner to assess fees; creating fund in State
Treasury; authorizing investment of funds; permitting loan from
Insurance Commissioner's administrative fund to the state entities'
workers' compensation program fund and repayment to the administrative fund; and authorizing Insurance Commissioner to
propose legislative rules and to adopt emergency rules.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Plymale and Miller:
Senate Bill No. 514--A Bill to amend and reenact §18B-17-2 of
the Code of West Virginia, 1931, as amended, relating to higher
education; legislative rules; and authorizing a rule for the Higher
Education Policy Commission regarding authorization of degree-
granting institutions.
Referred to the Committee on Education.
By Senator Beach:
Senate Bill No. 515--A Bill to amend and reenact §18B-5-4 of
the Code of West Virginia, 1931, as amended, relating to higher
education; general administration; and residency requirements for
persons appointed as campus police officers.
Referred to the Committee on Education; and then to the
Committee on the Judiciary.
By Senators Plymale, Browning, Unger, Jenkins, Kessler (Acting
President) and Stollings:
Senate Bill No. 516--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto two new sections,
designated §18-2-38 and §18-2-39, all relating to improving public
education results; requiring the state board to promulgate a rule
establishing a high-quality digital learning program; specifying
ten elements the program must encompass which are elements pertaining to student eligibility, student access, personalized
learning, advancement, content, instruction, digital learning
providers, assessment, accountability, funding and delivery;
recognizing the State Board of Education's Middle School Global 21
initiative including its goals, objectives and process; recognizing
that the State Board of Education is seeking state funding for the
implementation of the initiative; and requiring State Board of
Education to report to the Legislative Oversight Commission on
Education Accountability at certain intervals on the implementation
of the initiative until fully implemented.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Hall, Barnes, Boley, Sypolt, Nohe and K. Facemyer:
Senate Bill No. 517--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §29A-3-19, relating to implementing a quality control
procedure for agency rules.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators McCabe, Browning, Unger, Plymale, Palumbo and
Foster:
Senate Bill No. 518--A Bill to amend and reenact §11-13U-2,
§11-13U-3, §11-13U-4, §11-13U-5, §11-13U-8, §11-13U-9 and §11-13U-
10 of the Code of West Virginia, 1931, as amended, all relating to
revising the high-growth business investment tax credit; permitting
eligible start up, early stage or growth-oriented taxpayers to take the credit; lowering certain gross receipt and payroll
requirements; increasing the amount of credit available; requiring
the Economic Development Authority to assist in preparing
legislative reports; requiring new rules to be promulgated;
redefining terms; and changing effective dates.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
Senators Foster, Laird, Palumbo and Yost offered the following
resolution:
Senate Concurrent Resolution No. 32--Requesting the Division
of Highways to name bridge number 10-60-10.57 on US Route 60 in
Gauley Bridge, West Virginia, the "Sgt. Scott Angel Memorial
Bridge".
Whereas, Sgt. Scott Angel was born and raised in Gauley
Bridge, West Virginia; and
Whereas, Sgt. Scott Angel was a graduate of Valley High School
at Smithers, where he was a quarterback for the football team and
captain of the baseball team; and
Whereas, Besides playing football and baseball at school he
spent time enjoying the outdoors while hunting and fishing; and
Whereas, Sgt. Scott Angel served three tours of duty in Iraq
during Operation Iraqi Freedom; and
Whereas, While Sgt. Scott Angel was not bravely serving
overseas he was a helicopter repairman and crew chief assigned to
Company, 4th Battalion, 101st Aviation Regiment, 159th Combat
Aviation Brigade, 101st Airborne Division at Fort Campbell, Kentucky; and
Whereas, While training in Alabama on September 11, 2007 he
was killed in a Blackhawk crash; and
Whereas, Sgt. Angel was survived by his loving wife Megan and
his infant daughter, Sophia; and
Whereas, In 2008, on the first anniversary of his death, the
conference room at his Battalion Headquarters at Ft. Campbell was
named the "SSA Conference room" in honor of Scott and the other two
fallen soldiers involved in the Blackhawk accident; and
Whereas, He was also included in a cookbook, "Dinner with
Warriors" that was published in honor of fallen and injured
soldiers from the Iraq and Afghanistan wars; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 10-60-10.57 on US Route 60 in Gauley Bridge, West
Virginia, the "Sgt. Scott Angel Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested
to have made and be placed signs identifying the bridge as the
"Sgt. Scott Angel Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a certified copy of this resolution to the
Secretary of Transportation, the Commissioner of Highways and the
family of the late Sgt. Scott Angel.
Which, under the rules, lies over one day.
Senators Plymale, Unger, Jenkins, Kessler (Acting President),
Stollings, Yost and Williams offered the following resolution:
Senate Resolution No. 26--Congratulating the Cabell Midland
High School Boys' Cross Country team on winning the 2010 Class AAA
state championship.
Whereas, The Cabell Midland High School Boys' Cross Country
team had an extraordinary 2010 season, in which it went undefeated
against West Virginia teams, on its way to winning the MSAC
Championship, the Region IV Championship and the Class AAA state
Championship; and
Whereas, The Cabell Midland High School Boys' Cross Country
team is coached by Chris Parsons and consists of members Matthew
Edmunds, Andrew Ferguson, Kramer Kaplan, Chris Laverty, Ryan Smith,
Austin Allen, Collin Cooper, Steven Egnatoff, Daniel Parlock, Tyler
Salmons, Ryan Wareheim, Jacob Burcham, Avery Campbell, Niles
Dailey, Mason Dino, Ryan Dotson, David Jobe, Jared King, Brian
Lawhon, Jeremy Waugh, Seth Myers, Eric Wooten, Amos Parlock and
Zach Sellards; and
Whereas, In addition to the team's success, Jacob Burcham,
Tyler Salmons, Jeremy Waugh and Ryan Smith earned All-State Honors;
and
Whereas, Jacob Burcham was named the
2010 West Virginia
Gatorade Boys Cross Country Runner of the Year, NXN 3rd team All
American, where he finished 16th overall in Portland, Oregon, NXN
Southeast Region 5th place finish, 2010 West Virginia AAA State
Champion (set new course record 15:12.16), led his team to the AAA
Boys State Championship team title, was undefeated by West Virginia
runners in the 2010 season, PR of 15:05 at the Midwest meet of Champions, ranked in the Dyestat Elite 25 Individuals as high as
18th during the 2010 season, ranked number #3 sophomore in the
nation by Dyestat and set course records in 4 of his 8 races during
the 2010 season; and
Whereas, The Cabell Midland High School Boys' Cross Country
team
displayed their strong will and determination for an entire
season; 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 on winning the 2010 Class AAA state
championship; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the coach and each member of 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.
(Senator Kessler, Acting President, in the Chair.)
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 21, Requesting DOH name
bridge on I-79, spanning WV 14, "Hodges Brothers Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The following amendments to the resolution, from the Committee
on Transportation and Infrastructure, were reported by the Clerk,
considered simultaneously, and adopted:
On page two, in the ninth Whereas clause, by striking out "14"
and inserting in lieu thereof "114";
On page two, in the first Resolved clause, by striking out
"14" and inserting in lieu thereof "114";
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Senate Concurrent Resolution No. 21-
-Requesting the Division
of Highways name the bridge on I-79, spanning WV 114, commonly
called the Big Chimney Interchange Bridge, the "Hodges Brothers
Bridge".
The question being on the adoption of the resolution, as
amended, 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.
Senate Concurrent Resolution No. 22, Requesting DOH name bridge located in Renick, Greenbrier County, "Keene Memorial
Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Klempa, the resolution was recommitted to
the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 24, Requesting DOH name
bridge in Monongalia County "Joseph C. Bartolo Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, 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.
Senate Concurrent Resolution No. 31, Urging EPA change course
and operate in good faith.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Energy,
Industry and Mining; and then to the Committee on the Judiciary.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 303, Adding captive cervids
to list of animals protected from dogs.
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, Browning,
Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green,
Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard,
Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--31.
The nays were: None.
Absent:
Barnes, Beach and Tomblin (Mr. President)--3
.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 303) 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. 376, Permitting unit owners' associations
institute legal action to collect dues.
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, Browning,
Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green,
Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard,
Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--31.
The nays were: None.
Absent:
Barnes, Beach and Tomblin (Mr. President)--3
.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 376) 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. 413, Changing title of Racing
Commission's racing secretary.
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, Browning,
Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green,
Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard,
Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--31.
The nays were: None.
Absent:
Barnes, Beach and Tomblin (Mr. President)--3
.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 413) passed with its title.
Senator Unger moved that the bill take effect July 1, 2011.
On this question, the yeas were: Boley, Browning, Chafin,
Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker,
Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--31.
The nays were: None.
Absent:
Barnes, Beach and Tomblin (Mr. President)--3
.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 413) takes effect July 1, 2011.
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. 464, Allowing certain
persons petition to regain right to possess firearms when lost due
to mental health disability.
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, Browning,
Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green,
Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard,
Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--31.
The nays were: None.
Absent:
Barnes, Beach and Tomblin (Mr. President)--3
.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 464) 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 House Bill No. 2696, Authorizing the county
commission of Boone County to transfer its title and interests in
the Boone Memorial Hospital.
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, Browning,
Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green,
Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard,
Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--31.
The nays were: None.
Absent:
Barnes, Beach and Tomblin (Mr. President)--3
.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for H. B. No. 2696) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Boley, Browning, Chafin,
Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker,
Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--31.
The nays were: None.
Absent:
Barnes, Beach and Tomblin (Mr. President)--3
.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for H. B. No. 2696) takes effect from passage.
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. 61, Relating generally to
juvenile drug courts.
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. 219, Relating to maintaining
solvency of Unemployment Compensation Fund.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 329, Updating provisions of sales and use tax.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 331, Correcting invalid code reference in
definition of "eligible taxpayer".
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 371, Updating list of jurisdictions identified
as tax havens.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 375, Authorizing Higher Education Policy
Commission collect and disseminate information concerning higher
education institutions.
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. 439, Clarifying that filing of
manufactured housing complaint with state regulatory board is
prerequisite for lawsuit.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Eng. House Bill No. 2475, Including certain records of the
Division of Juvenile Services in the exemptions from disclosure
under the Freedom of Information Act.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
The Senate proceeded to the tenth order of business.
Senate Bill No. 304, Providing alternative means for initial
purchaser of junked vehicles to notify DMV.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Jenkins and Unger.
Thereafter, at the request of Senator Browning, and by
unanimous consent, the remarks by Senator Unger were ordered
printed in the Appendix to the Journal.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Tucker, the name of Senator Tucker
was removed as a sponsor of Senate Bill No. 500 (Modifying
deliberate intention exception to employers' immunity from lawsuits
based on work-related injuries granted by Workers' Compensation).
On motion of Senator Unger, leaves of absence for the day were
granted Senators Barnes and Beach.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Unger, the Senate adjourned until
tomorrow, Wednesday, February 16, 2011, at 11 a.m.
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