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Senate Journal


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sdj-8th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2009

EIGHTH DAY

____________

Charleston, W. Va., Wednesday, February 18, 2009

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

Prayer was offered by Pastor Matthew J. Watts, Grace Bible Church, Charleston, West Virginia.
Pending the reading of the Journal of Tuesday, February 17, 2009,
On motion of Senator McCabe, 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 fourth order of business.
Senator Browning, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Senate Bill No. 226, Authorizing State Tax Department promulgate legislative rule relating to film industry investment tax credit.
And reports the same back with the recommendation that it do pass; but under the original triple committee reference first be referred to the Committee on Finance; and then to the Committee on the Judiciary.
Respectfully submitted,
Richard Browning,
Chair.
The bill, under the original triple committee reference, was referred to the Committee on Finance; and then to the Committee on the Judiciary.
Senator Browning, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Senate Bill No. 232, Authorizing Division of Tourism promulgate legislative rule relating to direct advertising grants program.
And reports the same back with the recommendation that it do pass; but under the original triple committee reference first be referred to the Committee on Finance; and then to the Committee on the Judiciary.
Respectfully submitted,
Richard Browning,
Chair.
The bill, under the original triple committee reference, was referred to the Committee on Finance; and then to the Committee on the Judiciary.
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 Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 282--A Bill to amend and reenact §60-3A-2, §60-3A-2a, §60-3A-4, §60-3A-6, §60-3A-7, §60-3A-8, §60-3A-10, §60- 3A-10b, §60-3A-11 and §60-3A-12 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §60-3A-10d, all relating to the classification of retail licenses for the sale of liquor; setting forth legislative findings; defining certain terms; authorizing the Alcohol Beverage Control Commissioner to issue retail licenses for the sale of liquor; establishing certain standards for the issuance of licenses within market zones; limiting the issuance of retail licenses to operate mixed retail liquor outlets; authorizing the commissioner to adopt certain standards for retail outlets; increasing the maximum percentage of retail licenses a person may own; providing a purchase option for active retail licensees seeking to operate a freestanding liquor retail outlet; and providing for financing for the purchase of a retail license for a freestanding liquor retail outlet.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Browning, Prezioso, Chafin, Green and Kessler:
Senate Bill No. 283--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to reducing state income tax liability for certain retired public employees; increasing the amount of retirement income received from certain state and federal retirement systems that is excluded from the calculation of income subject to state personal income taxes; and establishing an effective date for the increased exclusion.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Minard and Kessler:
Senate Bill No. 284--A Bill to amend and reenact §33-13C-3 and §33-13C-16 of the Code of West Virginia, 1931, as amended, all relating to viatical settlements; adding alternative means for satisfying financial requirements for the licensing of viatical settlement brokers; and making criminal provisions applicable to any person.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators White and Barnes:
Senate Bill No. 285--A Bill to amend and reenact §17A-2-7 of the Code of West Virginia, 1931, as amended, relating to requiring the Commissioner of the Division of Motor Vehicles to provide mobile unit(s) to remote counties of West Virginia to assist the citizens in those areas in obtaining their new or renewed driver's license.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Minard, Kessler and Jenkins:
Senate Bill No. 286--A Bill to amend and reenact §33-25D-2 of the Code of West Virginia, 1931, as amended, relating to prepaid limited health service organizations; and adding dental, vision, pharmaceutical and podiatric services to those services that may be offered by prepaid limited health service organizations.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senators Foster and Plymale:
Senate Bill No. 287--A Bill to amend and reenact §18-7A-3, §18-7A-13, §18-7A-14, §18-7A-23, §18-7A-28c and §18-7A-34 of the Code of West Virginia, 1931, as amended, all relating to State Teachers Retirement System; making technical changes; modifying definitions; specifying cessation of membership; clarifying loan offsets at time of withdrawal; specifying procedures for the correction of errors; permitting rollovers of any dollar amount; and permitting loan borrowers to receive retirement income or disability payments when outstanding loan balance is deducted from the actuarial reserve of accrued benefit.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Foster and Plymale:
Senate Bill No. 288--A Bill to amend and reenact §18-7D-11 of the Code of West Virginia, 1931, as amended, relating to the minimum guarantees provided to members who elected to transfer from the Teachers' Defined Contribution System to the Teachers Retirement System.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators McCabe, Browning, Foster, Oliverio, Kessler, Stollings, Plymale, Williams, Jenkins, Bowman and Caruth:
Senate Bill No. 289--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5E-3-1, §5E-3-2, §5E-3-3, §5E-3-4, §5E-3-5, §5E-3-6, §5E-3-7, §5E-3-8 and §5E-3-9; and to amend and reenact §31-15-6 of said code, all relating to the creation of an innovation and development program; providing a short title and declaration of policy; setting forth purposes; providing definitions; authorizing and directing the Economic Development Authority to propose rules to implement its provisions and provide for the effective and efficient administration of the program; authorizing the authority to provide technical and professional assistance to entrepreneurs in the state; authorizing the authority to make qualified investments and loans; authorizing recoverable revenue credits to private investors for investments in qualified investment companies pursuant to rules to be promulgated by the authority; and specifying disclosure, conflict of interest and confidentiality standards for the operation of the innovation and development program.
Referred to the Committee on Economic Development; and then to the Committee on Finance.
By Senators Foster and Palumbo:
Senate Bill No. 290--A Bill to amend and reenact §16-9A-8 of the Code of West Virginia, 1931, as amended, relating to the sale of tobacco products in packages other than original factory-wrapped packages.
Referred to the Committee on Health and Human Resources.
By Senators Foster and Plymale:
Senate Bill No. 291--A Bill to amend and reenact §16-5V-32 of the Code of West Virginia, 1931, as amended, relating to funding health insurance coverage for certain retirees in the Emergency Medical Services Retirement System.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Laird, Prezioso, Kessler and Stollings:
Senate Bill No. 292--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12i, relating to creating a personal income tax credit for persons who may choose to spay or neuter their pets.
Referred to the Committee on Finance.
Senators Plymale, Chafin, Green, Kessler, Stollings, Foster, Unger, McCabe and Jenkins offered the following resolution:
Senate Resolution No. 12--Designating Wednesday, February 18, 2009, as "Marshall University Day".
Whereas, Marshall University is one of the state's premier institutions of higher education; and
Whereas, Marshall University educates more than 14,000 students at locations in Huntington, Point Pleasant, South Charleston, Beckley, Logan and Gilbert and offers degrees at the associate, baccalaureate, master's and doctoral levels; and
Whereas, Marshall University is building a national reputation for research in biotechnology, forensics and medicine through its College of Science and the Joan C. Edwards School of Medicine; and
Whereas, Marshall University has established a goal of creating new, high-value job opportunities through the Marshall Institute for Interdisciplinary Research as part of West Virginia's "Bucks for Brains" initiative; and
Whereas, With every dollar the state invests in Marshall University, the university generates nearly $8 spent in the West Virginia economy, resulting in an estimated output generated by Marshall of $547 million per year; and
Whereas, Earlier this month, Marshall University opened a 123,000 square-foot recreation center that will improve the health of the Marshall community while increasing enrollment and retention at the university; and
Whereas, Marshall University's engineering program moved closer to accreditation with the opening last fall of the Arthur Weisberg Family Engineering Laboratories; and
Whereas, Also last fall Marshall University opened a 782-bed freshmen residence hall that will meet the needs of students for many years to come; and
Whereas, The Robert C. Byrd Institute for Advanced Flexible Manufacturing is providing services to all 55 state counties providing expertise to more than 4,000 small and medium-sized manufacturers that employ more than 73,000 individuals across West Virginia; and
Whereas, The Nick J. Rahall Transportation Institute of Marshall University is setting national standards in transportation; and
Whereas, Marshall University's Health Sciences train hundreds of West Virginians to serve as doctors, nurses, therapists and health technicians each year; and
Whereas, Marshall University alumni number more than 90,000 across the globe; therefore, be it
Resolved by the Senate:
That the Senate hereby designates Wednesday, February 18, 2009, as "Marshall University Day"; and, be it
Further Resolved, That the Senate hereby recognizes Marshall University for its tremendous contributions to the State of West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Stephen J. Kopp, President of Marshall University.
At the request of Senator Jenkins, 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 Plymale, and by unanimous consent, the remarks by Senator Jenkins regarding the adoption of Senate Resolution No. 12 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 K. Facemyer presented a petition from M. Helen Stearns and numerous Jackson County residents, requesting construction of a vehicular bridge over Mill Creek.
Referred to the Committee on Transportation and Infrastructure.
The Senate 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 Senator Chafin.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, February 19, 2009, at 11 a.m.
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