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sdj-2nd day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2009

SECOND DAY

____________

Charleston, W. Va., Thursday, February 12, 2009

     The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

     Prayer was offered by Dr. David Buckley, Senior Pastor, Cross Lanes Bible Church, Cross Lanes, West Virginia.
     Pending the reading of the Journal of Wednesday, February 11, 2009,
     On motion of Senator Fanning, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the sixth order of business.
     On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 151--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction, modification, relocation and operation of stationary sources of air pollutants; notification requirements; administrative updates; temporary permits; general permits; permission to commence construction; and procedures for evaluation.
     Referred to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 152--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction and major modification of major stationary sources of air pollution for the prevention of significant deterioration.
     Referred to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 153--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources.
     Referred to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 154--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from hazardous waste treatment, storage and disposal facilities.
     Referred to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 155--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants.
     Referred to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 156--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to a mercury budget training program to reduce mercury emissions.
     Referred to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 157--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to ambient air quality standards.
     Referred to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 158--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to hazardous waste management systems.
     Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 159--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the assessment of civil administrative penalties.
     Referred to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 160--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the hazardous waste management fee.
     Referred to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 161--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the state water pollution control revolving fund.
     Referred to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 162--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to environmental laboratories' certification and standards of performance.
     Referred to the Committee on Energy, Industry and Mining; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 163--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to dam safety.
     Referred to the Committee on Energy, Industry and Mining; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 164--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the assessment of civil administrative penalties.
     Referred to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 165--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Ethics Commission to promulgate a legislative rule relating to employment exemptions.
     Referred to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 166--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Ethics Commission to promulgate a legislative rule relating to lobbying.
     Referred to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 167--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Ethics Commission to promulgate a legislative rule relating to the filing of verified time records.
     Referred to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 168--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to benefit determination and appeal.
     Referred to the Committee on Pensions; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 169--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Teachers Retirement System.
     Referred to the Committee on Pensions; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 170--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Public Employees Retirement System.
     Referred to the Committee on Pensions; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 171--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to refund, reinstatement, retroactive service and loan interest factors.
     Referred to the Committee on Pensions; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 172--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to service credit for accrued and unused sick and annual leave.
     Referred to the Committee on Pensions; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 173--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the West Virginia State Police.
     Referred to the Committee on Pensions; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 174--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commission for the Deaf and Hard of Hearing to promulgate a legislative rule relating to the establishment of required qualifications and ethical standards for interpreters and transliterators.
     Referred to the Committee on Government Organization; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 175--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the board.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 176--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the formation and approval of dental corporations.
     Referred to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 177--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Administration to promulgate a legislative rule relating to fair market price determination.
     Referred to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 178--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Administration to promulgate a legislative rule relating to statewide contracts.
     Referred to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 179--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Administration to promulgate a legislative rule relating to qualifications for participation.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 180--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to animal disease control.
     Referred to the Committee on Agriculture; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 181--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to the disposal of dead poultry.
     Referred to the Committee on Agriculture; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 182--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to commercial feed.
     Referred to the Committee on Agriculture; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 183--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to a schedule of charges for inspection services: Fruit.
     Referred to the Committee on Agriculture; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 184--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Architects to promulgate a legislative rule relating to the registration of architects.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 185--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Architects to promulgate a legislative rule relating to the fees for registration of architects.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 186--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to general provisions.
     Referred to the Committee on Pensions; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 187--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Deputy Sheriff Retirement System.
     Referred to the Committee on Pensions; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 188--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Accountancy to promulgate a legislative rule relating to the board and rules of professional conduct.
     Referred to the Committee on Government Organization; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 189--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Administration to promulgate a legislative rule relating to the Purchasing Division.
     Referred to the Committee on Government Organization; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 190--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Administration to promulgate a legislative rule relating to parking.
     Referred to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 191--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Ethics Commission to promulgate a legislative rule relating to the purchase, sale or lease of personal property.
     Referred to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 192--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Ethics Commission to promulgate a legislative rule relating to interest in public contracts.
     Referred to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 193--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Ethics Commission to promulgate a legislative rule relating to voting.
     Referred to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 194--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to licensure of medical adult day care centers.
     Referred to the Committee on Health and Human Resources; then to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 195--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to public water systems.
     Referred to the Committee on Health and Human Resources; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 196--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to tuberculosis testing, control treatment and commitment.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 197--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Human Services to promulgate a legislative rule relating to child care center licensing.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 198--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to continuing education for individual insurance producers.
     Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 199--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to preneed life insurance minimum standards for determining reserve liabilities and nonforfeiture values.
     Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 200--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to packaging and labeling.
     Referred to the Committee on Labor; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 201--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to a method of sale of commodities.
     Referred to the Committee on Labor; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 202--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to standards for weights and measures inspectors' adoption of National Conference of Weights and Measures (NCWM) Handbook 130, 1987 edition.
     Referred to the Committee on Labor; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 203--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to the Amusement Rides and Attractions Safety Act.
     Referred to the Committee on Labor; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 204--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to the West Virginia Manufactured Housing Construction and Safety Standards Board.
     Referred to the Committee on Labor; then to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 205--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to the Elevator Safety Act.
     Referred to the Committee on Labor; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 206--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to weights and measures calibration fees.
     Referred to the Committee on Labor; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 207--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Medicine to promulgate a legislative rule relating to the definition of surgery.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 208--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Medicine to promulgate a legislative rule relating to licensure, disciplinary and complaint procedures; continuing education; and physician assistants.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 209--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Medicine to promulgate a legislative rule relating to the establishment and regulation of a restricted license issued to an applicant in extraordinary circumstances.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 210--A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Motor Vehicles to promulgate a legislative rule relating to the denial, suspension, revocation, restriction or nonrenewal of driving privileges.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 211--A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Motor Vehicles to promulgate a legislative rule relating to collection of the tax on the sale of a vehicle.
     Referred to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 212--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to boating.
     Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 213--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to deer hunting.
     Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 214--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to lifetime hunting, trapping and fishing licenses.
     Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 215--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a legislative rule relating to lifetime hunting, trapping and fishing license and stamp fees.
     Referred to the Committee on Natural Resources; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 216--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Personnel to promulgate a legislative rule relating to reimbursement of compensation paid to state employees for training, education and professional development.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 217--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Physical Therapy to promulgate a legislative rule relating to general provisions.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 218--A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Regional Jail and Correctional Facility Authority to promulgate a legislative rule relating to criteria and procedures for determination of projected cost per day for inmates incarcerated in regional jails operated by the authority.
     Referred to the Committee on Government Organization; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 219--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to policies, standards and criteria for the evaluation and accreditation of colleges, departments or schools of nursing.
     Referred to the Committee on Government Organization; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 220--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to limited prescriptive authority for nurses in advanced practice.
     Referred to the Committee on Health and Human Resources; then to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 221--A Bill to amend and reenact article 4, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Rehabilitation Services to promulgate a legislative rule relating to the low vision driver training program.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 222--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Respiratory Care to promulgate a legislative rule relating to student temporary permits.
     Referred to the Committee on Health and Human Resources; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 223--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Secretary of State to promulgate a legislative rule relating to the administration of the address confidentiality program.
     Referred to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 224--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Social Work Examiners to promulgate a legislative rule relating to a fee schedule.
     Referred to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 225--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a legislative rule relating to combined returns pursuant to an investigation by the Tax Commissioner.
     Referred to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 226--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a legislative rule relating to the film industry investment tax credit.
     Referred to the Committee on Economic Development; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 227--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a legislative rule relating to the repeal of valuation of intangible personal property including stock accounts receivable and stock in banks and capital of savings and loan associations.
     Referred to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 228--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to voluntary remediation and redevelopment.
     Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 229--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a legislative rule relating to electronic filing and payment of special district excise tax.
     Referred to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 230--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a legislative rule relating to the withholding or denial of personal income tax refunds from taxpayers who owe municipal costs, fines, forfeitures or penalties.
     Referred to the Committee on Government Organization; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 231--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a legislative rule relating to an exchange of information agreement between the State Tax Division and the Department of Health and Human Resources Office of the Inspector General Medicaid Fraud Control Unit.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 232--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Tourism to promulgate a legislative rule relating to the direct advertising grants program.
     Referred to the Committee on Economic Development; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
     Senate Bill No. 233--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to a schedule of fees.
     Referred to the Committee on Agriculture; then to the Committee on Finance; and then to the Committee on the Judiciary.
     By Senator Kessler:
     Senate Bill No. 234--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-29-6; and to amend and reenact §22-15-22 of said code, all relating to the regulation of land-based aquaculture facilities; exempting aquaculture facilities from certain sludge management requirements; and providing the Commissioner of Agriculture rule-making authority to promulgate rules, after consultation with the Department of Environmental Protection, concerning the disposal or application of waste produced from an aquaculture facility.
     Referred to the Committee on Agriculture; and then to the Committee on the Judiciary.
     By Senator Kessler:
     Senate Bill No. 235--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2B-15; and to amend and reenact §57-5-11 of said code, all relating to requiring the appropriate governmental entity to retain any biological material that is secured in the investigation or prosecution of a criminal case for the period of time that a defendant remains incarcerated in connection with that case.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Barnes, Unger, Sypolt and Hall:
     Senate Bill No. 236--A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Motor Vehicles to create and issue special registration plates bearing the inscription "In God We Trust".
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
     By Senators McCabe, Foster, White and Wells:
     Senate Bill No. 237--A Bill to amend and reenact §22-15A-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto twelve new sections, designated §22-15A-30, §22-15A-31, §22-15A-32, §22-15A-33, §22-15A-34, §22-15A-35, §22-15A-36, §22-15A-37, §22-15A-38, §22-15A-39, §22-15A-40 and §22-15A-41, all relating to establishing a returnable beverage container deposit program; defining terms; expressing findings and purpose; requiring the use of returnable beverage containers; requiring the collection of deposits on returnable beverage containers; establishing program for the refund of deposits; requiring food and beverage establishments pay deposit on beverage containers when beverage is consumed on premises; requiring the Department of Environmental Protection operate the returnable beverage container program; requiring certification of redemption centers; establishing requirements for certification of redemption centers; providing for payment of deposit refunds and handling fees; establishing requirements for reverse vending machines; exempting deposit refunds from consumers sales and service tax and business and occupation tax; exempting deposits on containers from consumers sales and service tax and excluding deposits from business and occupation tax; and providing penalties and remedies.
     Referred to the Committee on Natural Resources; then to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators McCabe, Palumbo, Kessler, Snyder, Foster and Wells:
     Senate Bill No. 238--A Bill to amend and reenact §5-11-2, §5-11-3, §5-11-4, §5-11-8, §5-11-9 and §5-11-13 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §5-11-9a; and to amend and reenact §5-11A-3, §5-11A-5, §5-11A-6 and §5-11A-7 of said code, all relating to unlawful discriminatory practices generally; prohibiting discrimination based upon age or sexual orientation in housing; defining "sexual orientation" and "age"; exempting religious institutions from the sexual orientation proscriptions of this bill when such employment comports with specific criteria; and defining "religious institutions".
     Referred to the Committee on the Judiciary.
     By Senators McCabe, Foster, Palumbo, Wells and Kessler:
     Senate Bill No. 239--A Bill to permit Kanawha County, wherein the capital city, Charleston, is located and whose population is over 150,000, to decide on metro government, as provided in article seven, chapter seven-a of the Code of West Virginia, by majority vote.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senators McCabe, Foster, Plymale, Caruth, Sypolt and Wells:
     Senate Bill No. 240--A Bill to repeal §16-27A-1 and §16-27A-2 of the Code of West Virginia, 1931, as amended, relating to the ban on construction of nuclear power plants.
     Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
     By Senators Kessler, Foster, Unger, White, Plymale and McCabe:
     Senate Bill No. 241--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7, §3-12-8, §3-12-9, §3-12-10, §3-12-11, §3-12-12, §3-12-13, §3-12-14, §3-12-15, §3-12-16, §3-12-17, §3-12-18 and §3-12-19, all relating to creating the West Virginia Public Campaign Financing Act; providing alternative campaign financing option for candidates for the State Senate and House of Delegates through public funds; setting forth short title and certain legislative findings and declarations; defining terms; specifying that the provisions of the act are applicable to certain candidates for the offices of the State Senate and House of Delegates beginning in 2010; establishing a Public Campaign Financing Fund and sources of revenue for the fund; requiring an additional penalty assessment be imposed against violators of administrative orders, rules of state governmental agencies, boards and commissions; requiring an applicant for public campaign funding to complete a declaration of intent and setting forth the manner in which an application for funding may be made; setting forth eligibility criteria for qualifying party and independent candidates; allowing participating candidates to raise from private sources and spend seed money contributions; requiring candidates seeking public campaign funds to collect a required number of qualifying contributions; requiring candidates to provide detailed receipts to contributors and to the State Election Commission for seed money and qualifying contributions; requiring participating candidates to comply with all provisions of the act; requiring the State Election Commission to certify eligible candidates and setting forth the procedure for certification; providing for distribution of sums from the Public Campaign Financing Fund to qualified candidates for funding election campaigns; specifying the amount of funds available for each candidate and when the funds become available; setting forth restrictions on participating candidates' contributions and spending; prohibiting participating candidates from accepting private contributions other than as specifically set forth in the act; prohibiting the use of personal funds for certain purposes; permitting qualified candidates to raise funds from private sources when there is insufficient money in the Public Campaign Financing Fund to make a complete distribution to all qualified candidates; requiring certain disclosures; requiring candidates keep records and report to the State Election Commission; providing for matching public campaign funds when an opponent spends in excess of the initial funding available and for independent expenditures on behalf of a nonparticipating or certified opponent; setting forth certain duties of the State Election Commission; providing for the deposit of certain revenue into the fund; requiring repayment of excessive expenditures by candidates; providing both civil and criminal penalties for violations of the act; and setting forth an effective date.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Kessler, Foster, White and Plymale:
     Senate Bill No. 242--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-5-1a; to amend and reenact §17C-5-2 of said code; to amend and reenact §17C-5A-2 and §17C-5A-3a of said code; to amend and reenact §61-11-22 of said code; to amend and reenact §62-11A-1a of said code; and to amend and reenact §62-11C-1 and §62-11C-5 of said code, all relating to reducing recidivism of offenders convicted of driving under the influence of alcohol through mandated participation in the Motor Vehicle Alcohol Test and Lock Program for all offenders; mandated license sanctions; removal of expungement provisions for offenders under twenty-one years of age; imposition of staggered sentencing; offender participation in community corrections programs; mandated guilty or nolo contendere plea in pretrial diversion agreements; and oversight of dedicated drug and alcohol courts.
     Referred to the Committee on the Judiciary.
     By Senators McCabe, Caruth, Plymale and Prezioso:
     Senate Bill No. 243--A Bill to repeal §13-1-18 of the Code of West Virginia, 1931, as amended; and to amend and reenact §13-1-4, §13-1-14, §13-1-15, §13-1-15a, §13-1-16, §13-1-17, §13-1-19 and §13-1-21 of said code, all relating to updating the code to be consistent with the current practices and procedures required for issuing general obligation bonds through competitive sale; incorporating changes from section ten, article X of the West Virginia Constitution; not requiring the issuer to designate the series of bonds in the election order; not requiring the bond resolution to set forth the date of issuance, the denominations of the bonds, the medium with which the bonds are payable or the terms of redemption; allowing issuers to establish a maximum rate of interest in the bond resolution; allowing issuers to make semiannual payments on principal and interest; lengthening the time an issuer is required to begin making debt service payments by a year from the date of issuance; requiring issuers to register bonds and eliminating reference to coupon bonds; allowing issuers to accept electronic bids; and allowing an issuer to publish an abbreviated sale of notice when advertising the sale of bonds.
     Referred to the Committee on Finance.
     By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
     Senate Bill No. 244--A Bill to amend and reenact §5-10-48 of the Code of West Virginia, 1931, as amended, relating to public employees' retirement; relating to members' reemployment after retirement; and providing for restrictions for holders of elected public office.
     Referred to the Committee on Pensions; then to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
     Senate Bill No. 245--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-10-7c, relating to the federal Yellow Ribbon G. I. Education Enhancement Program; requiring state institutions of higher education to participate in the program; and requiring state institutions of higher education to enter into agreements with the United States Secretary of Veterans Affairs to provide matching contributions toward the cost of tuition and mandatory fees not otherwise covered under the Post-9/11 Veterans Educational Assistance Act of 2008.
     Referred to the Committee on Military; then to the Committee on Education; and then to the Committee on Finance.
     By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
     Senate Bill No. 246--A Bill to amend and reenact §21A-5-10a of the Code of West Virginia, 1931, as amended; and to amend and reenact §21A-6-10 of said code, all relating generally to unemployment compensation and the unemployment compensation trust fund; providing for a temporary solvency assessment if the balance of the fund falls below certain funded levels; providing for removal of the temporary solvency assessment; and providing that the maximum weekly benefit rate shall not increase or decrease while temporary solvency assessments are being imposed.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
     Senate Bill No. 247--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-5-2a, relating to a nonbase building salary enhancement for state employees; authorizing the Governor to provide for salary enhancements by executive order; providing for the allocation of salary enhancement moneys; and providing for disbursement of the salary enhancement.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     Senators Kessler, Foster and White offered the following resolution:
     Senate Concurrent Resolution No. 3--
Urging Congress implement the Homeowners and Bank Protection Act.
     Whereas, The onrushing financial crisis engulfing home mortgages, debt instruments of all types and the banking system of the United States threatens to set off an economic depression worse than the 1930s; and
     Whereas, Millions of American citizens are threatened with foreclosure and loss of their homes over the upcoming months according to studies released by Realty Trac and Moody's Economy.com; and
     Whereas, This financial crisis is now threatening the integrity of both state and federally chartered banks, as typified by the run on deposits of Countrywide Financial in California during the month of August 2007; and
     Whereas, A banking collapse would wipe out the life savings of American citizens and drastically undermine the economic stability of our states and cities; and
     Whereas, This crisis is such that it requires emergency action that only the United States Congress has the capability to enact. Congress must move quickly to keep people in their homes and avert social upheaval; and
     Whereas, Congressional action must include the following:
     (1) Congress must establish a federal agency to place the federal and state chartered banks under protection, freezing all existing home mortgages for a period of months or years which would be required to adjust the values to fair prices and restructure existing mortgages for a period of months or years which would be required to adjust the values to fair prices, and restructure existing mortgages at appropriate interest rates. Further, this action would also write off all of the speculative debt obligations of mortgage backed securities, derivatives, and other forms of Ponzi Schemes that have brought the banking system to the point of bankruptcy; and
     (2) During the transitional period, all individual homeowner foreclosures shall be frozen, allowing American families to retain their homes. Monthly payments, the equivalent of rental payments, shall be made to designated banks, which can use the funds as collateral for normal lending practices, thus recapitalizing the banking systems. Ultimately, these affordable monthly payments will be factored into new mortgages reflecting the deflating of the housing bubble, and the establishment of appropriate property valuations, and reduced fixed mortgage interest rates. This adjustment will take several years to achieve, in the interim period no homeowner shall be evicted from his or her property, and the federal and state chartered banks shall be protected so they can resume their traditional functions, serving local communities, and facilitating credit for investment in productive industries, agriculture, infrastructure, and other prudent financing needs; and
     (3) State Governors shall assume the administrative responsibilities for implementing the program, including the "rental" assessments to designated banks, with the federal government providing the necessary credits and guarantees to assure the successful transition; and
     Whereas, In a similar financial crisis in the 1930s, President Franklin D. Roosevelt intervened to protect banks and homeowners, for example, in April, 1933, he introduced legislation as a "declaration of national policy...that the broad interests of the Nation require that special safeguards should be thrown around home ownership as a guarantee of social and economic stability..."; therefore; be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby urges Congress to implement the Homeowners and Bank Protection Act; and, be it
     Further Resolved, That a copy of this resolution shall be forwarded to members of West Virginia's congressional delegation and also be delivered to the President of the United States for immediate implementation.

     Which, under the rules, lies over one day.
     Senators Browning, McCabe, Foster, Unger, Plymale and Kessler offered the following resolution:
     Senate Concurrent Resolution No. 4--
Requesting the Joint Committee on Government and Finance study how West Virginia can be positioned as a national leader in research, innovation and commercialization of gray energy and energy efficiency technologies, products and processes.
     Whereas, Recently elected and appointed federal leaders have determined that a major policy initiative of the new administration is to determine how to increase the nation's energy efficiency, reduce carbon emissions into the environment and create new jobs and businesses related to these efforts; and
     Whereas, Research has demonstrated that the use of certain "gray energy technologies and processes", including energy efficiency measures, energy recycling, biomass, cofiring and cogasification of biomass-based fuels with fossil fuels and wood pellets, are cost effective methods of reducing carbon emissions; and
     Whereas, Energy efficiency research, development, demonstration, deployment and commercialization can contribute to strengthening West Virginia's energy security, environmental quality and economic vitality; and
     Whereas, Federal stimulus legislation proposed in the United States House of Representatives currently contains programs intended to appropriate approximately $3.5 billion of federal funds to be used to encourage research, development and implementation of gray energy technologies and energy efficiency measures as cost effective methods to reduce carbon output; and
     Whereas, West Virginia desires to better position itself as a leader in gray energy technologies and energy efficiency infrastructure in order to preserve and expand its energy and manufacturing sectors, encourage new investment and maximize the amount of federal funds appropriated to West Virginia for such purposes; and
     Whereas, West Virginia desires to attract and seed in the state innovative gray energy technologies and businesses that reduce carbon emissions, manufacture gray energy and energy efficiency products or provide other energy efficiency services, such as assessments and performance contracts; and
     Whereas, West Virginia has competitive advantages and a head start in implementing gray energy technologies due to the presence in the State of Recycled Energy Development Inc.'s waste heat recovery/power generation project at the West Virginia Alloys plant in Alloy, West Virginia; and
     Whereas, A thorough study is necessary to determine how to position West Virginia as a national leader in research, innovation and commercialization of gray energy technologies, products and processes; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study how West Virginia can be positioned as a national leader in research, innovation and commercialization of gray energy and energy efficiency technologies, products and processes; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, 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 Williams, Sypolt, Foster and Kessler offered the following resolution:
     Senate Resolution No. 6--
Commemorating the bicentennial year of the birth of Abraham Lincoln by recalling and celebrating the life and legacy of Abraham Lincoln's mother and Mineral County native daughter, Nancy Hanks Lincoln.
     Whereas, February 12, 2009, marks the 200th anniversary of the birth of Abraham Lincoln; and
     Whereas, It being necessary and proper to pay tribute to the sixteenth President of the United States of America, it is likewise necessary and proper to pay tribute to Nancy Hanks, mother of Abraham Lincoln and native West Virginian; and
     Whereas, Mineral County, West Virginia, has long been recognized as the birthplace of Nancy Hanks; and
     Whereas, In 1783 Joseph Hanks purchased a 108-acre parcel on what is known as Mikes Run in what was then Hampshire County, Virginia, now Mineral County, West Virginia; and
     Whereas, Joseph Hanks married Ann Lee (a distant relative of Richard Lee, father of Robert E. Lee) and that marriage bore nine children, one of whom was Lucy Hanks; and
     Whereas, While residing on that certain parcel of property consisting of 108 acres located on Mikes Run in Mineral County, West Virginia, at a time believed to be not earlier than June 12, 1783, nor later than June 11, 1784, Lucy Hanks bore a child named Nancy Hanks; and
     Whereas, In 1806 Nancy Hanks married Thomas Lincoln and on February 12, 1809, gave birth to Abraham Lincoln; and
     Whereas, Nancy Hanks Lincoln died in 1818, at which time Abraham Lincoln was just nine years of age; and
     Whereas, In 1859 in an autobiography written for Jesse Fell, Abraham Lincoln wrote that both of his parents were born in Virginia; and
     Whereas, In recognition of an important but often unrecognized individual who had a significant impact upon the history of this country, President Lincoln stated, "God bless my mother; all that I am or ever hope to be I owe to her."; and
     Whereas, In 1929 a special commission identified as the Nancy Hanks Commission was appointed by West Virginia Governor William G. Conley to investigate the authenticity of the location of the birthplace of Nancy Hanks and said commission, in its final report dated September 21, 1929, adopted the findings of Dr. William E. Barton of Foxboro, Massachusetts, a leading historian on Abraham Lincoln, as the best evidence on the nativity of Nancy Hanks; and
     Whereas, The findings, conclusions and final report of the Nancy Hanks Commission, as appointed by Governor Conley, recognized and officially adopted as factual and historical evidence Dr. Barton's findings that the actual birthplace of Nancy Hanks was, in fact, located within the State of West Virginia; and
     Whereas, Said commission further recommended that the "State of West Virginia acquire this sheltered place in the hills as a state park, both for its historical significance and for its picturesque value"; and
     Whereas, The facts and conclusions stated in this resolution are supported and further documented in the article cited as follows: Steers, Jr., Edward. "Nancy Hanks. West Virginian? A Review of the Current Status of Research Into the Birthplace of Nancy Hanks Lincoln." Lincoln Herald (Summer 1998): 61-81.; and
     Whereas, Dr. Steers is widely recognized as a Lincoln scholar and his article on the birthplace of Nancy Hanks reflects his very comprehensive research into the subject; and
     Whereas, Although other reports and investigations have suggested a birthplace of Nancy Hanks other than Mineral County, West Virginia, Dr. Steers has determined that the substantial evidence of record conclusively establishes that the birthplace of Nancy Hanks was on Mikes Run in present day Mineral County, West Virginia; therefore, be it
     Resolved by the Senate:
     That the Senate hereby commemorates the bicentennial year of the birth of Abraham Lincoln by recalling and celebrating the life and legacy of Abraham Lincoln's mother and Mineral County native daughter, Nancy Hanks Lincoln; and, be it
     Further Resolved, That the Senate calls upon the citizens of West Virginia to join in the observance of 2009 as the bicentennial year of the birth of Abraham Lincoln by recalling and celebrating the life and legacy of Mineral County's native daughter, Nancy Hanks Lincoln.
     At the request of Senator Williams, 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 Tomblin (Mr. President), Caruth, Foster, Unger, Jenkins, White, Plymale and McCabe offered the following resolution:
     Senate Resolution No. 7--Recognizing the West Virginia Civics Literacy Council and Civic Literacy Day.
     Whereas, The 200th birthday of the 16th U.S. President Abraham Lincoln who was responsible for the creation of the state of West Virginia is February 12, 2009, and should be a day for all West Virginians to reflect on their responsibilities as citizens; and
     Whereas, The Legislature created the West Virginia Civics Literacy Council on March 4, 2007, to promote civic education and citizenship among West Virginia's youth and young adults; and
     Whereas, The Council works to advance civic knowledge about the Constitution of the United States and our Nation's history, encourages civic participation in voting, serving on juries and other duties of citizenship and promotes the learning and practice of leadership skills required to build stronger communities through effective governance, service and volunteerism; and
     Whereas, The members of the West Virginia Civics Literacy Council are assessing the status of civics education in West Virginia, compiling an inventory of civic engagement opportunities and supporting the implementation of civic literacy as part of the 21st Century skills initiative; and
     Whereas, Civic Literacy is the responsibility of everyone in our communities, because democracy is reborn in each new generation; and
     Whereas, The Senate recognizes the importance of civic education and civic literacy; therefore, be it
     Resolved by the Senate:
     
That the Senate hereby expresses its support for the West Virginia Civics Literacy Council and recognizes February 12, 2009, as Civic Literacy Day; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia Civics Literacy Council.
     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 proceeded to the eleventh order of business and the introduction of guests.
     The Senate then proceeded to the twelfth order of business.
     Remarks were made by Senators Fanning and Sypolt.
     Thereafter, at the request of Senator White, and by unanimous consent, the remarks by Senator Fanning were ordered printed in the Appendix to the Journal.
     At the request of Senator Barnes, unanimous consent being granted, the remarks by Senator Sypolt were ordered printed in the Appendix to the Journal.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Friday, February 13, 2009, at 11 a.m.
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