sdj-52nd day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2010
FIFTY-SECOND DAY
____________
Charleston, W. Va., Friday, March 5, 2010
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Mark Stump, Gassaway
Baptist Church, Gassaway, West Virginia.
Pending the reading of the Journal of Thursday, March 4, 2010,
On motion of Senator Yost, 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.
Executive Communications
Senator Tomblin (Mr. President) laid before the Senate the
following communications from His Excellency, the Governor,
consisting of executive nominations for appointees:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 3, 2010
Senate Executive Message No. 3
TO:The Honorable Members of the
West Virginia Senate
Ladies and Gentlemen:
I respectfully submit the following nominations for your
advice and consent:
1.For Member, School of Osteopathic Medicine Board of
Governors, Dr. John Manchin II, Farmington, Marion County, for the
term ending June 30, 2013.
2.For Member, Jobs Investment Trust Board, James Cava, Jr.,
Morgantown, Monongalia County, for the term ending June 30, 2013.
3.For Member, Ethics Commission, Monte Williams,
Morgantown, Monongalia County, for the term ending June 30, 2012.
4.For Member, Public Employees Insurance Agency Finance
Board, William Milam, Charleston, Kanawha County, for the term
ending June 30, 2012.
5.For Member, Commission on the Arts, Susan Hogan,
Wheeling, Ohio County, for the term ending June 30, 2012.
6.For Member, Commission on the Arts, Cindy McGhee,
Charleston, Kanawha County, for the term ending June 30, 2012.
7.For Member, Commission on the Arts, Rosa Lee Vitez-Hall, Huntington, Cabell County, for the term ending June 30, 2012.
8.For Member, Commission on the Arts, Edward George III,
Wheeling, Ohio County, for the term ending June 30, 2012.
9.For Member, Northern Community College Board of
Governors, Gus Monezis, Weirton, Hancock County, for the term
ending June 30, 2013.
10.For Member, Bluefield State College Board of Governors,
James Palmer III, Bluefield, Mercer County, for the term ending
June 30, 2013.
11.For Acting Secretary, Department of Military Affairs and
Public Safety, Joseph Thornton, Culloden, Putnam County, to serve
at the will and pleasure of the Governor.
12.For Member, Workforce Investment Council, Shawn Daly,
Hurricane, Putnam County, for the term ending June 30, 2012.
13.For Member, Board of Examiners for Registered
Professional Nurses, Joyce Egnor, Summersville, Nicholas County,
for the term ending June 30, 2013.
14.For Member, Board of Examiners for Registered
Professional Nurses, Mary Friel Fanning, Morgantown, Monongalia
County, for the term ending June 30, 2012.
15.For Member, Board of Examiners for Registered
Professional Nurses, Teresa Ritchie, Big Springs, Calhoun County,
for the term ending June 30, 2014.
16.For Member, Board of Examiners for Registered
Professional Nurses, Pamela Cain, Charleston, Kanawha County, for
the term ending June 30, 2010.
17.For Member, Fire Commission, Doug Mongold, Moorefield,
Hardy County, for the term ending June 30, 2013.
18.For Member, Fire Commission, Robert Miller, Glenwood,
Mason County, for the term ending June 30, 2013.
19.For Member, Blue Ridge Community and Technical College
Board of Governors, Keith Unger, Berkeley Springs, Morgan County,
for the term ending June 30, 2012.
20.For Member, Jobs Investment Trust Board, Robert Welty,
Charleston, Kanawha County, for the term ending June 30, 2012.
21.For Member, Jobs Investment Trust Board, Todd Fry,
Barboursville, Cabell County, for the term ending June 30, 2013.
22.For Member, Jobs Investment Trust Board, Edward Payne
III, Beckley, Raleigh County, for the term ending June 30, 2010.
23.For Member, Board of Funeral Service Examiners, Sarah
Lobban, Alderson, Greenbrier County, for the term ending June 30,
2013.
24.For Member, Workforce Investment Council, Philip Pfister,
Charleston, Kanawha County, for the term ending June 30, 2011.
25.For Member, Women's Commission, Kameron Miller,
Huntington, Cabell County, for the term ending June 30, 2010.
26.For Member, Eastern West Virginia Community and Technical
College Board of Governors, Richard Gillespie, Franklin, Pendleton
County, for the term ending June 30, 2012.
27.For Member, Board of the College Prepaid Tuition and
Savings Program, Martin Gargano, Charleston, Kanawha County, for
the term ending June 30, 2014.
28.For Member, Board of the College Prepaid Tuition and
Savings Program, Donna Kuhn, Petersburg, Grant County, for the term
ending June 30, 2012.
29.For Member, Lottery Commission, Michael Adams, Weirton,
Hancock County, for the term ending June 30, 2012.
30.For Member, Lottery Commission, William Clayton, South
Charleston, Kanawha County, for the term ending June 30, 2010.
31.For Member, Lottery Commission, Kenneth Greear,
Charleston, Kanawha County, for the term ending June 30, 2013.
32.For Member, Lottery Commission, David McCormick, Jr.,
Morgantown, Monongalia County, for the term ending June 30, 2012.
33.For Member, Lottery Commission, David Lemmon, Nitro,
Kanawha County, for the term ending June 30, 2011.
Notice of these appointments was previously provided to the
appropriate legislative staff at the time the appointments were
made.
Sincerely,
Joe Manchin III,
Governor.
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 3, 2010
Senate Executive Message No. 4
TO:The Honorable Members of the
West Virginia Senate
Ladies and Gentlemen:
I respectfully submit the following nominations for your
advice and consent:
1.For Member, Fairmont State University Board of Governors,
Jack Robert White, Fairmont, Marion County, for the term ending
June 30, 2013.
2.For Member, Fairmont State University Board of Governors,
Bryan Towns, Fairmont, Marion County, for the term ending June 30,
2013.
Notice of these appointments was previously provided to the
appropriate legislative staff at the time the appointments were
made.
Sincerely,
Joe Manchin III,
Governor.
Which, communications were received and referred to the
Committee on Confirmations.
On motion of Senator Stollings, consideration of the
nominations immediately hereinbefore reported were made a special
order of business for Saturday, March 13, 2010, at 11 a.m.
The Senate proceeded to the fourth order of business.
Senator Palumbo, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 4th day of March, 2010, presented to His
Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(H. B. No. 4037), Relating generally to federal subsidy bonds
and bond financing.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. House Bill No. 2485, Allowing pharmacy interns to vend
pseudoephedrine and other chemical precursors of methamphetamine.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 2542, "Jason Flatt Act of
2010".
And,
Eng. Com. Sub. for House Bill No. 4324, Extending the
expiration date of employment of retired teachers beyond the
post-retirement employment limit
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,
Robert H. Plymale,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on Finance.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Eng. House Bill No. 2561, Providing that an applicant for a
farm use exemption certificate may not be required to appear before
any assessor for renewal.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary, with amendments
from the Committee on Transportation and Infrastructure pending.
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. Com. Sub. for House Bill No. 3301, Amending the Division
of Labor rule verifying employees legal employment status.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 3301) 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.
Senator McCabe, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4035, Relating to electronic
filing of tax returns and electronic funds transfers in payment of
taxes.
Eng. Com. Sub. for House Bill No. 4187, Continuing the current
hazardous waste management fee until 2015.
And,
Eng. House Bill No. 4312, Relating to the Tax Procedure and
Administration Act.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Brooks F. McCabe, Jr.,
Vice 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
Eng. Com. Sub. for House Bill No. 4133, Clarifying the
requirements to practice marriage and family therapy.
With amendments from the Committee on Government Organization
pending;
And has also amended same.
And reports the same back with the recommendation that it do
pass as last amended by the Committee on the Judiciary.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4133) 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.
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. 4171, Relating to criminogenic risk and
needs assessments.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 4171) 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.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. Com. Sub. for House Bill No. 4176, Relating to
credentialing of health care practitioners.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Banking and Insurance.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Banking and Insurance, with an
amendment from the Committee on Health and Human Resources pending.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. Com. Sub. for House Bill No. 4186, Relating to the
practice of nursing home administration.
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 Government Organization.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Government Organization.
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. Com. Sub. for House Bill No. 4291, Eliminating
duplicitous criminal background investigations with both the West
Virginia State Police and the Federal Bureau of Investigation.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4291) 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.
Senator McCabe, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4299, Providing that nonstate retired employees who have worked for their last nonstate
employer for less than five years are responsible for their entire
premium cost.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 4335, Relating to the
business registration tax.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended.
Respectfully submitted,
Brooks F. McCabe, Jr.,
Vice 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
Eng. Com. Sub. for House Bill No. 4352, Authorizing the West
Virginia Supreme Court of Appeals to create a Business Court
Division within certain circuit court districts.
And had amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4352) 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.
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. 4361, Removing provisions prohibiting
sharing domestic violence information with other governments.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 4361) 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.
Senator Green, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Eng. Com. Sub. for House Bill No. 4457, Relating to the access
to and protection of cemeteries.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Mike Green,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary, with amendments
from the Committee on Energy, Industry and Mining pending.
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. Com. Sub. for House Bill No. 4459, Increasing the time in
which a dependent may apply for Workers Compensation death benefits
where occupational pneumoconiosis is determined to be a cause of
death.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4459) 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.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. House Bill No. 4593, Relating to high school graduation
improvement.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the
Committee on Education pending.
The Senate proceeded to the sixth order of business.
Senator Chafin offered the following resolution:
Senate Concurrent Resolution No. 49--Requesting the Division
of Highways name bridge number 28-52-3.55, located in Mercer
County, the "Isabella Freeman Memorial Bridge".
Whereas, Isabella Freeman was born July 11, 1830, in England;
and
Whereas, Isabella Freeman came to Mercer County with her
husband John, who was the owner of Caswell Creek Coal & Coal
Company, a forerunner of Pocahontas Fuel Corporation; and
Whereas, Isabella and John Freeman built a home on the
property located at the end of the existing Route 52 bridge, where
they lived for many years and are buried in the cemetery within
site of the bridge; and
Whereas, It is fitting, to honor the memory of Isabella
Freeman, who represents the strong women of the pioneer coal mining
days who helped husbands achieve success for themselves and the
great Pocahontas coalfield, by naming bridge number 28-52-3.55,
located in Mercer County, the "Isabella Freeman Memorial Bridge";
therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways
name bridge number 28-52-3.55, located in Mercer County, the
"Isabella Freeman 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 "Isabella Freeman 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 Isabella
Freeman.
Which, under the rules, lies over one day.
Senators Chafin and Plymale offered the following resolution:
Senate Concurrent Resolution No. 50--Requesting the Division
of Highways name bridge number 50-52-15.93, located in Wayne
County, the "Corporal Samuel R. Drown Memorial Bridge".
Whereas, Corporal Samuel R. Drown was from Prichard, Wayne
County, West Virginia; and
Whereas, Corporal Samuel R. Drown joined the United States
Marines in April of 1964; and
Whereas, Corporal Samuel R. Drown was called to duty in the
Republic of South Vietnam; and
Whereas, Corporal Samuel R. Drown was a team leader in the
weapons platoon of Company "I", and his aggressive spirit leadership and singular determination to do every job well were
qualities that were respected by all of his fellow Marines; and
Whereas, Sadly, Corporal Samuel R. Drown was mortally wounded
while engaged in an intensive fire fight on March 6, 1967; and
Whereas, Corporal Samuel R. Drown was awarded the Purple Heart
for his heroism in action, the National Defense Service Medal, the
Vietnam Service Medal, the Republic of Vietnam Campaign ribbon bar
and two Gold Star lapel buttons; and
Whereas, Corporal Samuel R. Drown left behind a host of family
and friends who have missed him dearly everyday for the last 43
years since his death; and
Whereas, It is fitting, to honor the memory of Corporal Samuel
R. Drown, who made the ultimate sacrifice for his country and
state, by naming bridge number 50-52-15.93, located in Wayne
County, the "Corporal Samuel R. Drown Memorial Bridge"; therefore,
be it
Resolved by the Legislature:
That the Legislature hereby requests the Division of Highways
name bridge number 50-52-15.93, located in Wayne County, the
"Corporal Samuel R. Drown 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 "Corporal Samuel R. Drown 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 Corporal Samuel
R. Drown.
Which, under the rules, lies over one day.
Senators Foster, Unger, Stollings, Laird, Jenkins, Snyder,
Oliverio, Williams, Yost, Kessler, McCabe and Plymale offered the
following resolution:
Senate Resolution No. 48--Designating the month of March 2010,
as "American Red Cross".
Whereas, The American Red Cross was founded in 1881 and
chartered by Congress in 1905; and
Whereas, The American Red Cross is recognized as a
humanitarian organization which provides compassionate care in
times of war and disaster; and
Whereas, The American Red Cross depends on the support of the
American people to sustain the Red Cross mission; and
Whereas, In 2009, more than a thousand Red Cross volunteers
from West Virginia responded to more than 870 disasters statewide,
including devastating flooding in Mingo, Logan and Raleigh
Counties, assisted 2,100 military families through a wide variety
of support programs, and trained more than 70 thousand people in
lifesaving courses such as CPR, First Aid and Water Safety; and
Whereas, The American Red Cross collects more than 67,000
pints of life-giving blood from generous West Virginia donors; and
Whereas, The American Red Cross could not provide its vital
services without contributions from the American people; therefore,
be it
Resolved by the Senate:
That the Senate hereby designates the month of March 2010, as
"Red Cross Month"; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate representatives of the
American Red Cross.
At the request of Senator Stollings, 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 Chafin, unanimous consent being granted,
returned to the fourth order of business.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Concurrent Resolution No. 51 (originating in the Committee on the Judiciary)--Requesting the Joint Committee on
Government and Finance to study the 1987 law establishing the West
Virginia Occupational, Safety and Health Act for public employees
and to specify recommendations necessary to properly implement the
law in accordance with federal guidelines in order to receive
federal matching funds.
Whereas, The Legislature created Article Three-A of Chapter
Twenty-one of the West Virginia Code in an attempt to create the
West Virginia Occupational Safety and Health Act in compliance with
federal guidelines; and
Whereas, According to a 2002 Legislative Audit, this the West
Virginia Occupational Safety and Health Act has never been properly
implemented or enforced; and
Whereas, Proper implementation and enforcement of the West
Virginia Occupational Safety and Health Act would provide federal
matching funds for state implementation and enforcement of
Occupational Safety and Health Act standards for public employees;
and
Whereas, It is a priority of the Legislature to ensure that
all employees of the state have a safe workplace to carry out their
daily duties and implementation and enforcement of the West
Virginia Occupational Safety and Health Act would further that
priority; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the current implementation of the West Virginia
Occupational Safety and Health Act for the purpose of determining
what changes to the law must be made in order to make state law
eligible for federal matching funds from the proper implementation
and enforcement of the West Virginia Occupational Safety and Health
Act standards for public employees; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature in 2011 on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That 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.
And reports the same back with the recommendation that it be
adopted; but with the further recommendation that it first be
referred to the Committee on Rules.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
On motion of Senator Kessler, the resolution (S. C. R. No. 51)
contained in the foregoing report from the Committee on the
Judiciary 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
Senate Concurrent Resolution No. 52 (originating in the
Committee on the Judiciary)--Requesting the Joint Committee on the
Judiciary to study the need to designate the State Police Crimes
Against Children unit as the entity charged with issuing
administrative subpoenas for child pornography investigations in
order to connect an IP address to a physical location which can be
further investigated in order to obtain a search warrant or an
arrest warrant.
Whereas, Viewing child pornography and soliciting minors via
the internet is a growing problem in West Virginia; and
Whereas, The State Police Crimes Against Children unit
monitors the internet usage in West Virginia in an attempt to
protect children from harm; and
Whereas, Monitoring internet usage allows the State Police to
recover certain IP addresses of computers that are viewing or
transmitting child pornography or involved in the solicitation of
minors; and
Whereas, The State Police do not have the ability to connect
an IP address to a physical location without assistance from an
Internet Service Provider; and
Whereas, The current process requires the State Police to
obtain a subpoena from a court before the Internet Service Provider
will provide the physical location to the State Police or utilize
federal statutes; and
Whereas, The additional time required to obtain the subpoena
from a court may cause a delay during the time, namely the first
hour, when most abducted children are killed by their abductor; and
Whereas, The Internet Service Providers are already
cooperating with federal law enforcement through similar subpoenas;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on the Judiciary is hereby requested
to study the process currently used to investigate child
pornography and other child-related internet crimes, as well as how
the additional tool of an administrative subpoena by the State
Police will effect that process; and, be it
Further Resolved, That the Joint Committee on the Judiciary
report to the regular session of the Legislature in 2011 on its
findings, conclusions and recommendations, together with drafts of
any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That 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 the
Judiciary.
And reports the same back with the recommendation that it be
adopted; but with the further recommendation that it first be
referred to the Committee on Rules.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
On motion of Senator Kessler, the resolution (S. C. R. No. 52)
contained in the foregoing report from the Committee on the
Judiciary 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
Senate Concurrent Resolution No. 53 (originating in the
Committee on the Judiciary)--Requesting the Joint Committee on
Government and Finance to study the practical application of West
Virginia Code §5F-2-7 to determine how the section of the code is
being used by state departments, when employees are involuntarily
transferred, and what, if anything, should be done to ensure that involuntary transfer only occurs when the person transferred is
from "a position that is to be consolidated or eliminated" as
required by §5F-2-7.
Whereas, State law provides for the involuntary transfer of
state employees only when a position is to be consolidated or
eliminated; and
Whereas, State law provides that the transferred employee
receive the same level of benefits and rate of compensation or
higher; and
Whereas, State law requires the option to transfer be offered
to each employee starting with the most senior employee and then
down through the least senior employee and until the requisite
number of employees to be transferred agree to take the voluntary
transfer; and
Whereas, State law requires that if there are not enough
employees voluntarily transferred, then an involuntary transfer may
be ordered beginning with the least senior permanent employee who
qualifies for the position; and
Whereas, State law contains certain requirements that limit
the use of the involuntary transfer mechanism; and
Whereas, The West Virginia Public Workers Union has expressed
concern over the use of the involuntary transfer mechanism as a
form of punishment or retaliation; therefore be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the instances of involuntary transfers of state
employees from one department to another under the authority
granted to the transferring department by West Virginia Code §5F-2-
7; and, be it
Further Resolved, That an assessment be made as to the
efficacy of West Virginia Code §5F-2-7 with a particular emphasis
on the use of involuntary transfers under circumstances not
contemplated by the plain language of the statute; and, be it
Further Resolved, That if the Joint Committee on Government
and Finance concludes that involuntary transfers are being used in
a way contrary to the language of the statute, then the Joint
Committee on Government and Finance shall prepare recommendations
to clarify the statute or repeal the statute in order to best meet
the goals of the original intent of the statute; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature in 2011 on
its findings, conclusions and recommendations, together with any
legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That 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.
And reports the same back with the recommendation that it be
adopted; but with the further recommendation that it first be
referred to the Committee on Rules.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
On motion of Senator Kessler, the resolution (S. C. R. No. 53)
contained in the foregoing report from the Committee on the
Judiciary was then referred to the Committee on Rules.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Concurrent Resolution No. 54 (originating in the
Committee on Health and Human Resources)--Requesting the Joint
Committee on Government and Finance to study the establishment of
a commission to make recommendations to the Legislature on the
scope of practice of health care professions.
Whereas, Scope of practice issues for health care delivery is
a complex and often contentious process; and,
Whereas, Factors such as fluctuations in the health care
workforce and specific health specialities, geographic and economic disparities in access to health care services, economic incentives
for health care professionals and consumer demand influence the
decision making regarding the scope of practice across all health
care disciplines; and,
Whereas, Health care is an evolving, dynamic industry and
changes in the scope of practice are inherent in the health care
system; and,
Whereas, The regulation of health care professions is designed
to protect the public and enhance consumer access to competent
health care; and,
Whereas, Changes to the scope of practice should recognize the
established history of the practice scope within the profession, a
recognition of the education and training received by a particular
health care discipline, evidence supporting the need for a change
to the scope of practice and the appropriate regulatory
environment; and,
Whereas, It is necessary to seek advice from within the health
care industry when making informed decisions regarding the scope of
practice of health care professions due to the complexities in
examining scope of practice issues; and,
Whereas, The Legislature needs solid expert guidance on issues
such as education levels, skills training, adequate evidence
supporting a modification and sufficient regulation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the establishment of a commission to make
recommendations to the Legislature on the scope of practice of
health care professions; 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.
And reports the same back with the recommendation that it be
adopted; but with the further recommendation that it first be
referred to the Committee on Rules.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
On motion of Senator Stollings, the resolution (S. C. R. No.
54) contained in the foregoing report from the Committee on Health and Human Resources was then referred to the Committee on Rules.
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 Resolution No. 49 (originating in the Committee on
Economic Development)--Supporting the efforts of the Governor in
developing the South Charleston Technology Park as a viable
research based economic development incubator.
Whereas, For more than 50 years, the Union Carbide Tech
Center, now called the South Charleston Technology Park, was
arguably the top research center in the chemical industry, issuing
thousands of patents which resulted in globally distributed
products worth billions of dollars; and
Whereas, The UC Tech Center once employed more than 2,600,
including many scientists and engineers with advanced degrees as
well as a large support staff of highly skilled technicians and
operators, with a mid-1990's average pay of more than $75,000 which
was significantly higher than average in the state and contributed
greatly to the region's economy; and
Whereas, West Virginia is in need to both diversify its
economy and expand on its leadership position in energy, chemicals
and related technologies; and
Whereas, In his recent State of the Union address, President
Obama pledged his support for "continued investments in clean coal
technologies," announcing the creation of a special task force to
explore carbon capture and storage just last week when Governor
Manchin, and other governors from other major coal producing states
met with the President; and
Whereas, The South Charleston Technology Park has more than
$200 million in existing infrastructure to rapidly move scientific
discovery into the marketplace to solve environmental issues,
increase our technical leadership in clean coal, natural gas and
renewable energy, and create new manufacturing jobs; and
Whereas, The South Charleston Technology Park can be an
economic engine for the local economy much like the Research
Triangle Park in North Carolina, which has created more than 43,000
high-quality jobs and attracted over 150 new companies to their
region; therefore, be it
Resolved by the Senate:
That the Senate hereby supports the efforts of the Governor to
develop the South Charleston Technology Park as a viable research
based economic development incubator and encourages all political
subdivisions contained in Kanawha County to support the same; and,
be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of the
political subdivisions contained in Kanawha County.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Richard Browning,
Chair.
The Senate proceeded to the seventh order of business.
House Concurrent Resolution No. 8, The "Lance Corporal Larry
Steven Heater 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.
House Concurrent Resolution No. 12, The "Private Archie A.
'Whack' Jordan 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.
House Concurrent Resolution No. 15, The "John Joseph Walkup,
Jr., 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.
House Concurrent Resolution No. 18, The "Sgt. Richard W.
Griffith 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.
House Concurrent Resolution No. 28, The "Trooper First Class
James Thomas Brammer 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.
House Concurrent Resolution No. 30, The "Chief Warrant Officer
John Michael Hohman 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.
House Concurrent Resolution No. 35, The "Dr. Mabel Nichols
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.
House Concurrent Resolution No. 37, The "CMS Marshall Irvin
Pauley Memorial Bridge, Killed in Action, Vietnam 1966".
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.
House Concurrent Resolution No. 39, The "Corporal Menifee
Carter 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.
House Concurrent Resolution No. 40, The "Ernie Wallace
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.
House Concurrent Resolution No. 41, The "Charley Meddings
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.
House Concurrent Resolution No. 42, The "Lance Corporal Samuel
R. Drown Memorial Bridge, Killed in Action, Vietnam 1967".
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.
House Concurrent Resolution No. 45, The "Robert L. McAtee, Sr.
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.
House Concurrent Resolution No. 47, The "Childhood Cancer
Survivor and Memorial Highway".
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.
House Concurrent Resolution No. 53, The "Fletcher Brothers
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.
House Concurrent Resolution No. 54, The "William H. Sanders II
Memorial Highway".
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.
House Concurrent Resolution No. 56, Erection of signs near
Mahan and Oak Hill, in Fayette County, indicating the crossing of the 38th Parallel North in honor of the Veterans of the Korean War.
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.
The Senate proceeded to the eighth order of business.
Eng. House Bill No. 4026, Relating to higher education capital
facilities generally.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
The Senate proceeded to the ninth order of business.
Eng. Com. Sub. for House Bill No. 4374, Caregivers Consent
Act.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4407, Updating the law
regarding the rabies vaccinations of dogs and cats.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4652, Establishing a school
calendar committee for each county.
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.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
Monday, March 8, 2010, at 11 a.m.
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