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Senate Journal


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sdj-6th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2009

SIXTH DAY

____________

Charleston, W. Va., Monday, February 16, 2009

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

Prayer was offered by the Reverend John Strimer, First Baptist Church, St. Marys, West Virginia.
Pending the reading of the Journal of Friday, February 13, 2009,
On motion of Senator Jenkins, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
At the request of Senator Chafin, and by unanimous consent, the provisions of rule number fifty-four of the Rules of the Senate, relating to persons entitled to the privileges of the floor, were suspended in order to grant United States military veterans privileges of the floor for the day.
The Senate proceeded to the fourth order of business.
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
Senate Bill No. 210, Authorizing Division of Motor Vehicles promulgate legislative rule relating to denial, suspension, revocation, restriction or nonrenewal of driving privileges.
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,
John R. Unger II,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
At the request of Senator Bowman, and by unanimous consent, the Senate returned to the second order of business and the introduction of guests.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and joint resolution were introduced, read by their titles, and referred to the appropriate committees:
By Senators Green, White, Palumbo and Kessler:
Senate Bill No. 255--A Bill to amend and reenact §25-1-3a and §25-1-3b of the Code of West Virginia, 1931, as amended, all relating to trustee accounts; funds, earnings and personal property of inmates; and inmate benefit funds.
Referred to the Committee on Finance.
By Senator Snyder:
Senate Bill No. 256--
A Bill to amend and reenact §8-6-1 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §8-6-7; to amend and reenact §8A-1-2 of said code; and to amend and reenact §8A-7-2 of said code, all relating to the annexation of land by a municipality in counties that have adopted a countywide zoning ordinance which includes urban growth boundaries; requiring the land to be contiguous to the municipality outside the urban growth boundaries; requiring that annexation take place in the county's designated urban growth boundaries; providing for annexation outside the urban growth boundary; providing for annexation of property in another municipality's urban growth boundary by intergovernmental agreement between the municipalities; defining "contiguous"; requiring a public hearing and signage for property annexation outside the urban growth boundary; and providing the authority to identify and establish urban growth boundaries within county zoning ordinances.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Browning, Green, Stollings, Wells, Plymale and Chafin:
Senate Bill No. 257--A Bill to amend and reenact §18-5-1 and §18-5-1a of the Code of West Virginia, 1931, as amended, all relating to the creation of a nonvoting student member position on each local county board of education within this state.
Referred to the Committee on Education.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 258--A Bill to amend and reenact §11-8-26 of the Code of West Virginia, 1931, as amended, relating to unlawful expenditures by a local fiscal body; and clarifying that a local fiscal body or its duly authorized officials shall not be held personally or criminally liable for certain deficits relating to the unfunded actuarial accrued liability of the West Virginia Retiree Health Benefit Trust Fund and annual required employer contributions.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Kessler and Chafin:
Senate Bill No. 259--A Bill to amend and reenact §29-26-1 of the Code of West Virginia, 1931, as amended, relating to making technical changes clarifying certain terminology within the West Virginia Courthouse Facilities Improvement Authority.
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. 260--A Bill to amend and reenact §29-21-3b, §29-21-8 and §29-21-13a of the Code of West Virginia, 1931, as amended, all relating generally to Public Defender Services; requiring the Indigent Defense Commission to submit a report to the Legislature; authorizing the creation of public defender corporations in the fourth, sixteenth, seventeenth and twenty-sixth judicial circuits; and raising the hourly rate of compensation for panel attorneys.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Jenkins:
Senate Bill No. 261--A Bill to amend and reenact §3-1-30 of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-4A-28 of said code, all relating to mandating that party executive committees are to submit their list of nominees to serve as election officials no later than the seventieth day before the election; and requiring that five percent of the precincts ballots be manually counted only during any recount and not during the canvass.
Referred to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 262--A Bill to amend and reenact §29-1-8 of the Code of West Virginia, 1931, as amended, relating to removing language that prohibits the state from using a county's General Revenue Fund for historic preservation.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Green, White and Palumbo:
Senate Bill No. 263--A Bill to amend and reenact §25-1-17 and §25-1-18 of the Code of West Virginia, 1931, as amended, all relating to monitoring of inmate telephone calls; procedures and restrictions; calls to or from attorneys excepted; monitoring inmate mail; procedures and restrictions; identifying mail from a state correctional institution; and mail to or from attorneys excepted.
Referred to the Committee on the Judiciary.
By Senator Green:
Senate Bill No. 264--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §61-3-59 and §61-3-59a, all relating to the sale of goods or services with counterfeit mark; production or reproduction of counterfeit mark; and penalties, including seizure and forfeiture of counterfeit marks.
Referred to the Committee on the Judiciary.
By Senators Unger, Snyder, Stollings, Chafin and Kessler:
Senate Bill No. 265--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13Z-1; and to amend said code by adding thereto a new section, designated §18-2-19, all relating to authorizing a tax credit for new teachers in critical needs areas; and requiring the State Board of Education to determine standards defining "critical needs areas" in both subject areas and geographic areas.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Snyder, Chafin and Kessler:
Senate Bill No. 266--A Bill to amend and reenact §11-21-10a of the Code of West Virginia, 1931, as amended, relating to raising the tax credit for nonfamily adoptions to $4,000.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Snyder and Barnes:
Senate Bill No. 267--A Bill to repeal §47-19-1, §47-19-2, §47- 19-3, §47-19-4, §47-19-5, §47-19-6, §47-19-7 and §47-19-8 of the Code of West Virginia, 1931, as amended, all relating to repeal of article which allows a business to acquire a license to sell drug paraphernalia.
Referred to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 268--A Bill to amend and reenact §7-11B-2, §7-11B-3, §7-11B-4 and §7-11B-7 of the Code of West Virginia, 1931, as amended, all relating to permitting Class III municipalities to participate in the West Virginia Tax Increment Financing Act.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Plymale and Green:
Senate Bill No. 269--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-9A-22, relating to supplemental funding for the provision of alternative programs for limited English proficient students.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Plymale and Green:
Senate Bill No. 270--A Bill to amend and reenact §18-9A-2, §18-9A-3a and §18-9A-9 of the Code of West Virginia, 1931, as amended, all relating to further defining "professional student support personnel"; clarifying definition of "net enrollment"; providing for computation of certain personnel allowances for certain fiscal years based on number of personnel that would be eligible based on net enrollment if certain condition is met; and including professional student support personnel in the public school support formula allowance calculations for current expense and faculty senates.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Williams and Plymale:
Senate Bill No. 271--A Bill to amend and reenact §3-5-8 of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-6-4a of said code, all relating to elections; requiring write-in candidates for public office to pay a filing fee for the office sought; and providing for distribution of the fee in the same manner as other candidates.
Referred to the Committee on the Judiciary.
By Senator Boley:
Senate Bill No. 272--A Bill to amend and reenact §49-7-1 of the Code of West Virginia, 1931, as amended, relating to allowing the name and age of a child, who has attained the age of ten years, and the offense with which he or she is charged to be released to the general public in cases in which the child has been found guilty of juvenile delinquency for any offense which would be a misdemeanor or felony if it was committed by an adult.
Referred to the Committee on the Judiciary.
By Senators Unger, Snyder and Chafin:
Senate Joint Resolution No. 9
--Proposing an amendment to the Constitution of the State of West Virginia, amending section one-b, article X thereof, relating to homestead exemption increase; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
Senators Browning, Foster, Plymale, Chafin, Jenkins and Kessler offered the following resolution:
Senate Resolution No. 9--R
ecognizing the "Take a Veteran to School Day" program.
Whereas, There are 178,000 veterans in the State of West Virginia; and
Whereas, Senator Jay Rockefeller joined with veterans groups across the state and the West Virginia Cable Telecommunications Association to facilitate The History Channel's "Take a Veteran to School Day" in West Virginia schools during the fall of 2008; and
Whereas, The program helps recognize and thank veterans around the Mountain State for their service, bravery and sacrifice to our great nation; and
Whereas, Through this initiative, students and educators around the State of West Virginia can hear firsthand accounts of veterans' military experience and encourage students to get to know the veterans who live in their communities; and
Whereas, Senator Jay Rockefeller and the West Virginia Cable Telecommunications Association should be commended for their commitment to honoring West Virginia veterans through this important program; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the "Take a Veteran to School Day" program; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Division of Veterans' Affairs.

At the request of Senator Browning, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Senators Wells, Yost, Edgell, D. Facemire, Laird, Oliverio, Williams, Boley, Sypolt, Foster, Stollings, Plymale, Chafin, Jenkins and Kessler offered the following resolution:
Senate Resolution No. 10--
Designating Monday, February 16, 2009, as "Veterans Visibility Day".
Whereas, From the Revolutionary War, which gave America its identity as a free and democratic nation, to this moment, America's men and women have always risen to the call of duty in order to defend and preserve our freedom and help maintain freedom throughout the world; and
Whereas, Per capita, more citizens from West Virginia have served in our nation's armed forces than from any other state. We are proud of our citizens who, despite danger, have done what they must for peace and freedom; and
Whereas, Through wars, conflicts and the threat of terror, thousands of West Virginians have paid the ultimate price for freedom with their lives and thousands more have been wounded in battle; and
Whereas, The Senate is proud to honor those future veterans currently serving in harm's way in Iraq, Afghanistan and in other countries all over the world to protect democracy from the threat of terror; and
Whereas, It is always important that we honor the many brave West Virginians who have faced the enemy, been wounded and even given their lives not only for our freedom, but for freedom around the world; therefore, be it
Resolved by the Senate:
That the Senate hereby designates Monday, February 16, 2009, as "Veterans Visibility Day"; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Division of Veterans' Affairs.

At the request of Senator Wells, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator McCabe, and by unanimous consent, the remarks by Senator Wells regarding the adoption of Senate Resolution No. 10 were ordered printed in the Appendix to the Journal.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Petitions

Senator Snyder presented a petition from Danny Mills and twenty Shenandoah Center residents, requesting an increase in nursing home residents' personal monthly allowance.
Referred to the Committee on Health and Human Resources.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 5, Requesting Joint Committee on Government and Finance study deer/vehicle collision.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Natural Resources; and then to the Committee on Rules.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Chafin, Deem, Minard, Bowman, Kessler and Oliverio.
Thereafter, at the request of Senator Edgell, and by unanimous consent, the remarks by Senator Chafin were ordered printed in the Appendix to the Journal.
At the request of Senator Jenkins, unanimous consent being granted, the remarks by Senators Deem, Minard and Bowman were ordered printed in the Appendix to the Journal.
At the request of Senator Bowman, and by unanimous consent, the remarks by Senator Kessler were ordered printed in the Appendix to the Journal.
At the request of Senator Prezioso, unanimous consent being granted, the remarks by Senator Oliverio 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, Tuesday, February 17, 2009, at 11 a.m.
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