sdj-42nd day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2010
FORTY-SECOND DAY
____________
Charleston, W. Va., Tuesday, February 23, 2010
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Doug Minnerly, Grace
Covenant Presbyterian Church, Charleston, West Virginia. West
Virginia University Steel Drum Ensemble proceeded in the playing of
"Marianne" and "Country Roads".
Pending the reading of the Journal of Monday, February 22,
2010,
On motion of Senator Sypolt, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Clerk presented a communication from the Geological and
Economic Survey, submitting its annual report, in accordance with
chapter twenty-nine, article two, section six of the code of West
Virginia.
Which report was received and filed with the Clerk.
The Senate 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. 391, Relating to county board of
education members' eligibility.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 7, Requesting DOH name bridge
in Woodville, Lincoln County, "Private First Class Karol Clay
Memorial Bridge".
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4187--A Bill to amend and
reenact §22-18-22 of the Code of West Virginia, 1931, as amended,
relating to extending the termination date of the Hazardous Waste
Management Fund from June 30, 2010 to June 30, 2015.
Referred to the Committee on Finance.
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. 20--Requesting the Division of
Highways to name bridge number 23-16/8-0.23 on Market Street in Man, Logan County, West Virginia the "PFC Ezra Craft 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. 23--Requesting the Division of
Highways to name the new State Route 10 bridge over the Guyandotte
River at Man, Logan County, West Virginia the "SFC Terrance N.
Gentry Memorial Bridge" upon the bridge's subsequent completion and
opening.
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. 24--Requesting the Division of
Highways to name bridge number 23-10-9.00 on State Route 10 at Man,
Logan County, West Virginia the "PFC Franklin L. Conn 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. 25--Requesting the Division of
Highways to name bridge number 23-10-8.26 on old State Route 10 in
Man, Logan County, West Virginia the "PFC Clarence Ellis 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. 27--Requesting the Division of
Highways to name the bridge in Fayette County on County Route 21/18
and crossing State Route 19 North, bridge number 10-21/18-0.94, as
the "Sergeant Shirley W. O'Boyle 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. 32--Requesting the Division of
Highways to name bridge number 23-11/2-0.01 on County Route 11/2 at
Bruno, Logan County, West Virginia the "LCPL Dale A. Griffin
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. 70--Requesting the Division of
Highways name the bridge over Elk River on U. S. Route 114 at Big
Chimney in Kanawha County, specifically bridge number 20-114-6.60,
the "Jerry Alan Jones Memorial Bridge".
Referred to the Committee on Transportation and
Infrastructure.
The Senate proceeded to the fourth order of business.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 336, Authorizing Division of Wildlife
Resources recover possession or restitution value of certain wild
animals.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 336 (originating in the
Committee on Natural Resources)--A Bill to amend and reenact §20-2-
5a of the Code of West Virginia, 1931, as amended, relating to forfeiture by persons causing injury or death to game or protected
species of animal; adding additional replacement value for antlered
deer based upon antler spread; and clarifying forfeiture procedures
and costs.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
John Pat Fanning,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 396 (originating in the
Committee on Transportation and Infrastructure), Updating
commercial driver's license requirements.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 396 (originating
in the Committee on the Judiciary)--A Bill to amend and reenact
§17B-2-1a, §17B-2-4 and §17B-2-5a of the Code of West Virginia,
1931, as amended; and to amend and reenact §17E-1-3, §17E-1-4,
§17E-1-6, §17E-1-7, §17E-1-12, §17E-1-13 and §17E-1-25 of said
code, all relating to the issuance of driver's licenses; conducting
background checks for employees involved in the issuance of
driver's licenses; surrendering driver's licenses; suspending commercial driver's licenses; adding definitions; clarifying
requirements for school bus drivers; and updating the criteria for
issuance, renewal, disqualification, surrender, reinstatement and
maintenance of a commercial driver's license.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Helmick, 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. 398 (originating in the
Committee on the Judiciary), Prohibiting landfill disposal of
certain electronic devices.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 398 (originating
in the Committee on Finance)--A Bill to amend and reenact §22-15A-
22 of the Code of West Virginia, 1931, as amended, relating to
prohibiting disposal of certain electronics in landfills.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 442, Clarifying PEIA Finance Board may offset
certain annual retiree premium increases.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Helmick, 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. 446, Clarifying deceased public
employees' survivors participate in comprehensive group health
insurance plans only.
And,
Senate Bill No. 602, Repealing outdated and obsolete sections
of tax code.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, 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. 471, Increasing circuit clerks'
copying charge.
And,
Senate Bill No. 553, Extending time to purchase full service
credit in Teachers' Defined Contribution Retirement System.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 508, Transferring certain powers from DNR to
Division of Forestry.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 508 (originating in the
Committee on Natural Resources)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §19-1A-6, relating to recovering costs by the Division
of Forestry for assisting private landowners with timber sale
preparation.
With the recommendation that the committee substitute do pass;
but with the further recommendation that it first be referred to
the Committee on Finance; and then, under the original double
committee reference, to the Committee on Government Organization.
Respectfully submitted,
John Pat Fanning,
Chair.
On motion of Senator Fanning, the bill (Com. Sub. for S. B.
No. 508) contained in the foregoing report from the Committee on
Natural Resources was referred to the Committee on Finance; and
then, under the original double committee reference, to the
Committee on Government Organization.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 509, Requiring DEP monitor certain litigation.
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 Energy, Industry and Mining.
Respectfully submitted,
John Pat Fanning,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Energy, Industry and Mining.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 526, Finding and declaring certain claims
against state.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
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. 606, Creating WV Ski Resort Industry Commission.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 606 (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 §29-29-1, §29-29-2, §29-29-3, §29-29-4, §29-29-5, §29-
29-6 and §29-29-7, all relating to creating the West Virginia Ski
Resort Industry Commission to promote the continued development of
the state's ski resort industry.
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,
Richard Browning,
Chair.
The bill (Com. Sub. for S. B. No. 606), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator White, from the Committee on Agriculture, submitted
the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Bill No. 695 (originating in the Committee on
Agriculture)--A Bill to amend and reenact §19-20A-2 of the Code of West Virginia, 1931, as amended, relating to vaccinating dogs and
cats for rabies every three years; vaccinating dogs and cats
entering the state; and providing for the appointment of a
qualified person to vaccinate by the county health department when
there is no licensed veterinarian in the county.
And reports the same back with the recommendation that it do
pass; but with the further recommendation that it first be referred
to the Committee on the Judiciary.
Respectfully submitted,
C. Randy White,
Chair.
On motion of Senator White, the bill (S. B. No. 695) contained
in the foregoing report from the Committee on Agriculture was then
referred to the Committee on the Judiciary.
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 Concurrent Resolution No. 31, Requesting Joint
Committee on Government and Finance study tourism industry
development.
And reports the same back with the recommendation that it be
adopted; but under the original double committee reference first be
referred to the Committee on Rules.
Respectfully submitted,
Richard Browning,
Chair.
The resolution, under the original double committee reference,
was then referred to the Committee on Rules.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 4309, Authorizing the Town of Moorefield,
the Hardy County Commission, and Hardy County's largest corporate
user of public wastewater facilities to construct and maintain a
state of the art regional wastewater treatment plant.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Chafin, unanimous consent being
granted, the bill (Eng. H. B. No. 4309) contained in the preceding
report from the Committee on the Judiciary was taken up for
immediate consideration, read a first time and ordered to second
reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, 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, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 4309) was then
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, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4309) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, 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, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4309) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate proceeded to the sixth order of business.
Senators Stollings, Prezioso, Chafin and Plymale offered the
following resolution:
Senate Concurrent Resolution No. 34--Requesting the Division
of Highways name bridge number 50-152-40.39, in Wayne County, the
"Perdue Brothers Memorial Bridge WWII Vets Walter, Riley, James,
Norman, Omer, Earl".
Whereas, Walter Perdue, Riley Perdue, James Perdue, Norman
Perdue, Omer Perdue and Earl Perdue were brothers from Wayne
County; and
Whereas, All six Perdue brothers served in the U. S. Armed Forces during the World War II; and
Whereas, Omer Perdue lost his life during the Battle of the
Bulge on December 23, 1944; and
Whereas, The other five brothers have since passed away; and
Whereas, It is fitting, to honor Walter Perdue, Riley Perdue,
James Perdue, Norman Perdue, Omer Perdue and Earl Perdue for their
service to their community, their state and their country by naming
bridge number 50-152-40.39, in Wayne County, the "Perdue Brothers
Memorial Bridge WWII Vets Walter, Riley, James, Norman, Omer,
Earl"; therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways
name bridge number 50-152-40.39, in Wayne County, the "Perdue
Brothers Memorial Bridge WWII Vets Walter, Riley, James, Norman,
Omer, Earl"; 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 "Perdue Brothers Memorial Bridge WWII Vets Walter, Riley,
James, Norman, Omer, Earl"; and, be it
Further Resolved, That the Clerk of the House of Delegates
forward a certified copy of this resolution to the Secretary of the
Department of Transportation and to the Perdue brothers' last
surviving sibling, their sister Ruby Perdue Steffen.
Which, under the rules, lies over one day.
Senator Chafin offered the following resolution:
Senate Concurrent Resolution No. 35--Requesting the Division
of Highways name bridge number 30-3-5-3.01, located in Mingo
County, the "Virgil and Marcella Faye Marcum Memorial Bridge".
Whereas, Virgil Marcum was born January 12, 1926, in Mingo
County, West Virginia; and
Whereas, Virgil Marcum served his country admirably in the
United States Navy in World War II from 1944 to 1946; and
Whereas, Virgil Marcum, after being honorably discharged from
the Navy, worked in the mining and lumber industry for nearly 57
years; and
Whereas, Marcella Faye Marcum was born January 19, 1927, in
Wayne County, West Virginia; and
Whereas, Marcella Faye Marcum was a business owner for more
than 50 years and was devoted to helping less fortunate people in
her community and especially children; and
Whereas, Virgil and Marcella Faye Marcum were married on
November 3, 1947, and shared the joy of having four children,
Sadie, Harriet, Lonnie and Shennie, and raised them in Breeden,
West Virginia; and
Whereas, Sadly, Virgil Marcum passed away, and Marcella Faye
Marcum departed this life on July 5, 2002, leaving behind a
grateful family and community; and
Whereas, It is fitting, to honor the memory of Virgil and Marcella Faye Marcum, who served their community and state
honorably, by naming bridge number 30-3-5-3.01, located in Mingo
County, the "Virgil and Marcella Faye Marcum Memorial Bridge";
therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways
name bridge number 30-3-5-3.01, located in Mingo County, the
"Virgil and Marcella Faye Marcum 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 "Virgil and Marcella Faye Marcum 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 Virgil and
Marcella Faye Marcum.
Which, under the rules, lies over one day.
Senators Stollings and Plymale offered the following
resolution:
Senate Concurrent Resolution No. 36--Requesting the Division
of Highways name bridge number 03-85-27.81, located in Boone
County, the "Kevin Lee Ball Memorial Bridge".
Whereas, Kevin Lee Ball was born October 4, 1986, and was a
resident of Van, Boone County, West Virginia; and
Whereas, Kevin Lee Ball was the son of Kenneth Lee Ball and
Brenda Sue Price, both of Robinson, West Virginia, and the older
brother of David Lee Ball; and
Whereas, Kevin Lee Ball was the grandson of Carolyn Jordan and
Danny Lee Ball, of Robinson, West Virginia, and Lora Jean Smith and
the late Bobby Smith, of Madison, West Virginia; and
Whereas, Kevin Lee Ball was a graduate of Van High School and
was named Homecoming King his senior year; and
Whereas, Kevin Lee Ball was a dedicated public servant,
serving the community of Chapmanville, West Virginia, as a police
officer; and
Whereas, Sadly, Kevin Lee Ball lost his life in a motorcycle
accident on June 30, 2007, tragically bring an end to young life
that was full of promise; and
Whereas, Kevin Lee Ball left behind a host of family and
friends, all of whom miss him dearly; and
Whereas, It is fitting, to honor the memory of Kevin Lee Ball,
who served his community and state honorably, by naming bridge
number 03-85-27.81, located in Boone County, the "Kevin Lee Ball
Memorial Bridge"; therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways
name bridge number 03-85-27.81, located in Boone County, the "Kevin
Lee Ball 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 "Kevin Lee Ball 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 Kevin Lee Ball.
Which, under the rules, lies over one day.
Senators Snyder, Unger and Browning offered the following
resolution:
Senate Concurrent Resolution No. 37--Requesting the Joint
Committee on Government and Finance to study the Division of
Highways' county highway formula and determine a better means for
allocating resources and moneys to the vastly different areas
throughout the state.
Whereas, The Division of Highways currently allocates its
resources and money according to the county highway formula, which
is calculated based on miles per lane of road receiving snow
removal and ice control treatment; and
Whereas, The Legislature of West Virginia is mindful of the
financial constraints the Division of Highways faces on a yearly
basis and how those constraints are exacerbated in years of extreme
weather; and
Whereas, The current economy and recent laws have decreased
the fuel tax, vehicle registration and other licensing fees which have depleted the Division of Highways budget even further; and
Whereas, The oversight, hard work and management by everyone
at the Division of Highways has helped to improve the roads and
highways in the State of West Virginia; and
Whereas, All fifty-five counties deserve an adequate level of
service which may be better served by a new formula that is based
on more than lanes per mile of road; and
Whereas, A better indicator of where the Division of Highways
should allocate its physical resources and money would be to add
factors which should include, but not be limited to, traffic and
truck counts, elevation and geology of the soil; and
Whereas, The Division of Highways funding is diminishing and
new revenue sources are required to continue to maintain roadway
and bridge design, construction and maintenance; and
Whereas, A new county highway formula would facilitate an
adequate level of service to all counties in the state; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the Division of Highways' funding sources in
addition to the county highway formula and determine a better means
for allocating resources and moneys to the vastly different areas
throughout the state.
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2011, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators Unger, Green, Plymale and White offered the following
resolution:
Senate Concurrent Resolution No. 38--Requesting the Joint
Committee on Government and Finance study alternative fuels and
energy consumption relating to vehicular transportation.
Whereas, West Virginia is an energy producing state with
facilities that can serve as a backbone for alternative fuel
vehicles; and
Whereas, Energy consumption related to vehicular
transportation has a profound effect on West Virginia's economy;
and
Whereas, West Virginia is engaged in the export of natural
resources used as energy, it is incumbent that the Legislature
assist in the development of value added uses for homegrown energy;
and
Whereas, Energy and vehicular design are the subject of
various research projects at West Virginia University and Marshall
University, and the universities' research should be included in
this study; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study alternative fuels and energy consumption related
to vehicular transportation on West Virginia's economy; and, be it
Further Resolved, That the Joint Committee on Government and
Finance seek input from state agencies and private industry on
alternative fuels and energy consumption related to vehicular
transportation; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2011, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators Prezioso, Palumbo, Unger, Plymale and Oliverio
offered the following resolution:
Senate Concurrent Resolution No. 39--Requesting the Joint
Committee on Government and Finance to study how tobacco related
taxes can be used for innovative research and discovery needed to
address West Virginia's tobacco problem and increase the WVU Mary
Babb Randolph Cancer Center's competitiveness for National Cancer
Institute designation.
Whereas, West Virginia has the highest consumption of tobacco
in the United States and the fourth highest cancer mortality in the
nation, including 3,800 smoking-related deaths and over 9,000
residents diagnosed with cancer annually; and
Whereas, It is estimated that a tobacco tax increase from West
Virginia's current levels to the national average for state excise
taxes will generate over $100 million in additional annual revenue
for several years. Every state that increases tobacco taxes has
experienced increases in revenue with simultaneous reductions in
tobacco use. West Virginia spends $7 million on smoking prevention
and cessation, while less than one percent is used for cancer-
related research. West Virginia can optimize effective tobacco
prevention while discovering and testing new therapies for those
already stricken by tobacco related cancers; and
Whereas, Every state bordering West Virginia, except Kentucky,
has at least two National Cancer Institute designated centers.
Funding of efforts to further prevention discovery, diagnosis and
treatment discovery, and innovative tobacco cessation clinics will increase the WVU Mary Babb Randolph Cancer Center's competitiveness
for National Cancer Institute designation. The WVU Mary Babb
Randolph Cancer Center is the only nationally recognized tobacco
cessation research program in West Virginia. National Cancer
Institute centers attract high quality researchers and clinicians.
Research grants and economic development and investment in research
will expedite a National Cancer Institute designation assuring that
West Virginia will benefit from cancer prevention, improved health
outcomes and a lowered economic burden of health care for our
state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study how tobacco related taxes can be used for
innovative research and discovery needed to address West Virginia's
tobacco problem and increase the WVU Mary Babb Randolph Cancer
Center's competitiveness for National Cancer Institute designation;
and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2011, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators Bowman, Jenkins, Palumbo, Browning, Unger, Stollings,
Plymale, White, Williams, Oliverio, Yost, Minard, Kessler, Foster
and McCabe offered the following resolution:
Senate Resolution No. 35--Designating February 23, 2010, as
"Community Action Day".
Whereas, Community action agencies in the Mountain State work
to assist low-income West Virginians; and
Whereas, Community action agencies try to find the causes of
poverty and how to achieve self-sufficiency; and
Whereas, Community action agencies have been serving low-
income families throughout our 55 counties for more than 40 years;
and
Whereas, Community action agencies conduct programs to meet
the needs of low-income West Virginians; and
Whereas, These programs consist of Head Start, weatherization,
housing, energy assistance, home rehabilitation, job training and
placement, nutrition for the elderly and children, counseling,
health, education welfare reform, family mentoring and many others;
and
Whereas, Community action agencies, in partnerships with
elected officials, the private sector and citizens of West Virginia, continue to identify low-income conditions and pursue
solutions; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 23, 2010, as
"Community Action Day"; and, be it
Further Resolved, That the Senate invites all members of the
West Virginia Legislature and all citizens of West Virginia to join
in recognizing the value and importance of community action
programs in West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the West Virginia Community Action
Partnership.
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.
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 Oliverio, Prezioso, Williams, Jenkins, Palumbo,
Browning, Unger, Laird, Stollings, Plymale, White, Yost, Minard,
Kessler, Foster, Edgell and McCabe offered the following
resolution:
Senate Resolution No. 36--Designating February 23, 2010, as "West Virginia University and West Virginia University Extension
Service Day".
Whereas, West Virginia University's thirteen schools and
colleges and other units are focused on the people of West Virginia
and consider service, ranging from medical clinics, legal
assistance and mine safety classes to student volunteer projects,
to be an essential element of fulfilling their fourfold mission of
teaching, research, service and technology; and
Whereas, West Virginia University's impact reaches across the
state, generating four billion dollars annually in the economy of
West Virginia; and
Whereas, West Virginia University is building a bridge to the
future as it educates 32,000 students who are the next generation
of leaders; and
Whereas, The West Virginia University Extension Service is the
"front porch" of West Virginia University with offices in all 55
counties of our state, offering residents a trusted source of
information to help improve their lives and communities; and
Whereas, The West Virginia University Extension Service
conducts the 4-H youth development program, the state's largest
youth organization. More than 7,000 adult volunteers assist 80,860
youths in learning leadership, citizenship and life skills through
local groups and camps in their counties and at the 4-H camp at
Jackson's Mill; and
Whereas, Since 1914, West Virginia University Extension
Service agents and staff have been knowledgeable, dependable,
enthusiastic and effective partners with county commissioners,
school administrators, educators, law-enforcement personnel, health
providers, miners, farmers, families and civic leaders; therefore,
be it
Resolved by the Senate:
That the Senate hereby designates February 23, 2010, as "West
Virginia University and West Virginia University Extension Service
Day"; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the president of West Virginia
University, James P. Clement.
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 Kessler, and by
unanimous consent, the remarks by Senator Oliverio regarding the
adoption of Senate Resolution No. 36 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 Oliverio, Prezioso, Browning, Palumbo, Laird,
Plymale, Williams, Minard, Kessler, Foster, Edgell, McCabe and
Stollings offered the following resolution:
Senate Resolution No. 37--Memorializing the life of Fred
Schaus, former West Virginia University student, basketball player
and coach and distinguished West Virginian.
Whereas, Fred Schaus was born June 30, 1925, in Newark, Ohio
and
Whereas, Fred Schaus served his country honorably in the
United States Navy; and
Whereas, Fred Schaus attended West Virginia University and
earned a bachelor's degree in physical education in 1949, and a
master's degree in physical education in 1953; and
Whereas, While a student a West Virginia University, Fred
Schaus was a member of the basketball team, an honor student and
student body president; and
Whereas, Fred Schaus played professional basketball for the
Fort Wayne Pistons and the New York Knickerbockers; and
Whereas, In 1954, Fred Schaus returned to West Virginia
University and became the head coach of the basketball team, which
at that time included players Jerry West Rod Hundley, Willie Akers
and Lloyd Sharrar; and
Whereas, In 1960, Fred Schaus left West Virginia University to
coach the Los Angeles Lakers and would become their general manager seven years later; and
Whereas, In 1972, Fred Schaus returned to the collegiate ranks
and became the head basketball coach at Purdue University; and
Whereas, In 1981, Fred Schaus returned to his alma mater to
take on the role of athletic director; and
Whereas, After a distinguished career at West Virginia
University, Fred Schaus was inducted into the West Virginia
University School of Physical Education Hall of Fame in 1988, and
inducted into the West Virginia University Sports Hall of Fame in
1992; and
Whereas, Fred Schaus was awarded West Virginia University's
highest honor for service, the Order of the Vandalia; and
Whereas, Sadly, Fred Schaus passed away on February 10, 2010,
bring an end to a storied career and life, one that will never be
forgotten in West Virginia University's history; and
Whereas, Fred Schaus was married to his beloved wife Barbara,
with whom he shared the joy of having two sons, Jim and John, and
six grandchildren; therefore, be it
Resolved by the Senate:
That the Senate hereby memorializes the life of Fred Schaus,
former West Virginia University student, basketball player and
coach and distinguished West Virginian; and, be it
Further Resolved, That the Senate expresses its deepest
sympathy to the family of Fred Schaus on his passing; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the family of Fred Schaus.
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 Kessler, and by
unanimous consent, the remarks by Senator Oliverio regarding the
adoption of Senate Resolution No. 37 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, at
the request of Senator Browning, and by unanimous consent, returned
to the second order of business and the introduction of guests.
The Senate again proceeded to the sixth order of business.
Senators Unger, Browning and Plymale offered the following
resolution:
Senate Resolution No. 38--Recognizing West Virginia
Communication Outreach of Jefferson County.
Whereas, West Virginia Communication Outreach of Jefferson
County is an all-volunteer, non-political, non-partisan, non-
denominational outreach organization structured to help benefit and
increase the communications between Jefferson County residents,
local governments and West Virginia state government through fact-finding and information-sharing; and
Whereas, West Virginia Communication Outreach of Jefferson
County is committed to developing and continuing to nurture an
ongoing direct relationship between the residents of Jefferson
County and the state of West Virginia; and
Whereas, West Virginia Communication Outreach of Jefferson
County shares information and concerns, likes and dislikes of the
people from Jefferson County within both the county and the state;
and
Whereas, West Virginia Communication Outreach of Jefferson
County meets with West Virginia state legislators and develops
relationships between counties to optimize our strengths and
strengthen our weaknesses; and
Whereas, West Virginia Communication Outreach of Jefferson
County will collect and disseminate information to the residents of
Jefferson County through local governments, the media and other
outlets; and
Whereas, The first line of order for West Virginia
Communication Outreach of Jefferson County will be planning and
collaborating with other Jefferson County organizations for
Jefferson County Day 2011; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes West Virginia Communication
Outreach of Jefferson County; and
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate officials for West
Virginia Communication Outreach of Jefferson County.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Jenkins, and by unanimous consent, returned
to the second order of business and the introduction of guests.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 33, Requesting DOH name
bridge over Peters Creek, Nicholas County, "Homer J. Summers
Memorial Bridge".
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. Senate Bill No. 10, Transferring certain cash balances
between funds administered by Commissioner of Highways.
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, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 10) 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. 104, Requiring employees
selling alcohol take alcohol awareness course.
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, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
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. 104) 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. 122, Increasing mental health treatment
refusal age of consent.
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, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 122) 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. 220, Authorizing certain bond issuers
receive federal subsidy bond credit payments.
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, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 220) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, 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, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S. B. No. 220) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 230, Relating to Board of
Optometry.
On third reading, coming up in regular order, with the right
having been granted on yesterday, Monday, February 22, 2010, for
further amendments to be received on third reading, was reported by
the Clerk.
There being no further amendments offered,
The bill, as amended on yesterday, Monday, February 22, 2010,
was ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 230 was
then read a third time and put upon its passage.
Pending extended discussion,
The question being "Shall Engrossed Committee Substitute for
Senate Bill No. 230 pass?"
On the passage of the bill, the yeas were: Bowman, Browning,
Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Green,
Helmick, Kessler, Laird, Minard, Snyder, Unger, Wells, White,
Williams, Yost and Tomblin (Mr. President)--20.
The nays were: Barnes, Boley, Foster, Guills, Hall, Jenkins,
McCabe, Oliverio, Palumbo, Plymale, Prezioso, Stollings and
Sypolt--13.
Absent: Caruth--1.
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. 230) passed.
On motion of Senator Bowman, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Bill No. 230--A Bill to repeal §30-
8-2a, §30-8-2b, §30-8-3a, §30-8-3b and §30-8-5a of the Code of West
Virginia, 1931, as amended; to amend and reenact §30-8-1, §30-8-2,
§30-8-3, §30-8-4, §30-8-5, §30-8-6, §30-8-7, §30-8-8, §30-8-9, §30-
8-10 and §30-8-11 of said code; and to amend said code by adding
thereto eleven new sections, designated §30-8-12, §30-8-13, §30-8-
14, §30-8-15, §30-8-16, §30-8-17, §30-8-18, §30-8-19, §30-8-20,
§30-8-21 and §30-8-22, all relating to the Board of Optometry;
prohibiting the practice of optometry without a license; providing
other applicable sections; providing definitions; providing for
board composition; setting forth the powers and duties of the
board; clarifying the rule-making authority; clarifying the scope
of practice; establishing expanded authority for injections;
continuing a special revenue account; establishing license
requirements; providing for licensure for persons licensed in
another state; establishing renewal requirements; providing permit
requirements; requiring display of license; setting forth grounds
for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints;
providing for judicial review and appeals of decisions; setting
forth hearing and notice requirements; providing for civil causes
of action; providing criminal penalties; and providing that a
single act is evidence of practice.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Jenkins, and by
unanimous consent, the remarks by Senators Prezioso, Stollings and
Bowman regarding the passage of Engrossed Committee Substitute for
Senate Bill No. 230 were ordered printed in the Appendix to the
Journal.
Eng. Com. Sub. for Senate Bill No. 240, Authorizing Department
of Administration promulgate legislative rules.
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, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
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. 240) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, 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, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 240) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 402, Relating to Supreme Court Justices'
election by division.
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, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 402) 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. 443, Requiring certain DUI
offenders participate in Motor Vehicle Alcohol Test and Lock
Program.
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, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
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. 443) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2010.
On this question, 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, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 443) takes effect July 1, 2010.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 464, Clarifying Division of Personnel
functions.
On third reading, coming up in regular order, was read a third
time.
Pending discussion,
Thereafter, 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. 465, Relating to utility
service disconnection.
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, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
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. 465) 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. 473, Authorizing
conservation officers conduct boat safety checks.
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, Edgell, K. Facemyer, Fanning, Foster, Green,
Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Unger, Wells, White, Yost and
Tomblin (Mr. President)--25.
The nays were: Barnes, Deem, D. Facemire, Guills, Hall,
Stollings, Sypolt and Williams--8.
Absent: Caruth--1.
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. 473) 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. 477, Creating centralized filing system
for legislative reports.
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, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S. B. No. 477) 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. 514, Clarifying certain language in
Controlled Substances Monitoring 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, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 514) 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.
Senate Bill No. 41, Relating to community enhancement
districts.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 42, Revising Municipal Economic Opportunity
Development District Act.
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. 120, Requiring certain students
provide dental exam proof.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Education, was reported by the Clerk and adopted:
On page five, section six, line eight, by striking out the
words "subsection (a), section four" and inserting in lieu thereof
the words "section four-a".
The bill (Com. Sub. for S. B. No. 120), as amended, was then
ordered to engrossment and third reading.
Senate Bill No. 128, Relating to Smart 529 college savings
plan.
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. 232, Transferring certain
requirements for redeeming delinquent land sales from county clerks
to State Auditor.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 237, Authorizing issuance of revenue bonds for
public projects.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
On page four, section two, line forty-two, after the word
"code." by adding the following: Additionally, a public project
would include all roads and transportation infrastructure.
The bill (S. B. No. 237), as amended, was then ordered to
engrossment and third reading.
Com. Sub. for Senate Bill No. 345, Requiring
telecommunications tax study.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 349, Requiring
child care centers have written evacuation plan.
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. 352, Creating WV Community
Empowerment Transportation Act.
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. 389, Relating to eligibility of
certain felons to receive certain federally funded benefits.
On second 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.
Senate Bill No. 390, Clarifying court assesses private
investigative and security services regulations violation
penalties.
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. 441, Relating to residential
solar energy systems tax credit.
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. 490, Relating to domestic
violence.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 506, Imposing penalties for falsifying State
Police Retirement Fund records.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On page two, section fifty-four, lines seven and eight, by
striking out the words "as a result" and inserting in lieu thereof
the word "convicted";
And,
On page three, section sixteen, lines seven and eight, by
striking out the words "as a result" and inserting in lieu thereof
the word "convicted".
The bill (S. B. No. 506), as amended, was then ordered to
engrossment and third reading.
Com. Sub. for Senate Bill No. 515, Relating to firearms'
purchases and licensing.
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.
Com. Sub. for Senate Bill No. 435, Relating to speed-detecting
device use law.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 453, Providing State Register subscribers
electronic format option.
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 Senator Oliverio.
Thereafter, at the request of Senator Jenkins, and by
unanimous consent, the remarks by Senator Oliverio were ordered
printed in the Appendix to the Journal.
On motion of Senator Chafin, leave of absence for the day was
granted Senator Caruth.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, February 24, 2010, at 11 a.m.
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