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Senate Journal


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sdj-13th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2009

THIRTEENTH DAY

____________

Charleston, W. Va., Monday, February 23, 2009

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

Prayer was offered by the Reverend William Wagner, Oceana First Church of God, Oceana, West Virginia.
Pending the reading of the Journal of Friday, February 20, 2009,
On motion of Senator Prezioso, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Clerk presented a communication from the Legislative Oversight Committee on the Regional Jail and Correctional Facility Authority, submitting its annual report, in accordance with chapter thirty-one, article twenty, section twenty-six of the code of West Virginia.
Which report was received and filed with the Clerk.
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 Oliverio and Chafin:
Senate Bill No. 322--A Bill to amend and reenact §9-5-11 of the Code of West Virginia, 1931, as amended, relating to exempting life insurance policies with a death benefit of $25,000 or less from assignment by Medicaid recipients to the Department of Health and Human Resources.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Williams, Unger and Sypolt:
Senate Bill No. 323--A Bill to amend and reenact §48-5-510 of the Code of West Virginia, 1931, as amended; to amend and reenact §48-7-101 of said code; and to amend and reenact §48-8-103 and §48-8-105 of said code, all relating to excluding disability income received by a veteran from the United States Department of Veterans' Affairs for service-related injuries from any calculation used to determine spousal support.
Referred to the Committee on Military; and then to the Committee on the Judiciary.
By Senators Stollings, Green, Snyder, Hall, Bowman, Barnes, Foster, D. Facemire, Jenkins and Chafin:
Senate Bill No. 324--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-3B-1, relating to establishing an Innovative Highway Projects Pilot Program; and creating a sunset for the program.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators McCabe, Tomblin (Mr. President), Foster, Caruth, D. Facemire, Stollings and Unger:
Senate Bill No. 325--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-7-1, §5B-7-2, §5B-7-3, §5B-7-4, §5B-7-5, §5B-7-6 and §5B-7-7, all relating to the creation of the West Virginia Energy Efficient Buildings Program concentrating on energy demand-side management in private and public buildings; generating energy savings; promoting more efficient use of the state's natural resources; authorizing the West Virginia Development Office to promulgate regulations; creating the West Virginia Energy Efficient Buildings Public Sector Grant Fund and the West Virginia Energy Efficient Buildings Private Sector Loan Revolving Fund; establishing criteria for grants and loans from the funds; and requiring annual reports to be provided to the Legislature.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senator Stollings:
Senate Bill No. 326--A Bill to amend and reenact §5-16-7 and §5-16-9 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §33-15-4j; to amend said code by adding thereto a new section, designated §33-16-3t; to amend said code by adding thereto a new section, designated §33-24-7j; to amend said code by adding thereto a new section, designated §33-25-8h; and to amend said code by adding thereto a new section, designated §33-25A-8i, all relating to mandating insurance coverage of dental anesthesia in certain circumstances.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senators Jenkins and Plymale:
Senate Bill No. 327--A Bill to amend and reenact §17A-1-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §17A-3-4 of said code; and to amend and reenact §17A-3A-2 and §17A-3A-3 of said code, all relating to registration and operation of mini-trucks by municipalities; and defining terms.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Government Organization.
By Senators Unger, Jenkins, Fanning, K. Facemyer, Plymale, Stollings, D. Facemire, White, Barnes, Foster, McCabe and Chafin:
Senate Bill No. 328--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §31-15D-1, §31-15D-2, §31-15D-3, §31-15D-4, §31-15D-5, §31-15D-6, §31-15D-7, §31-15D-8, §31-15D-9 and §31-15D-10, all relating to establishment of the West Virginia Transportation Infrastructure Bank; definitions; creating a governing board of the bank; appointment, terms, qualifications, compensation and expenses of board members; powers and duties of the bank; creating the West Virginia Transportation Infrastructure Bank Fund; deposits and capitalization; disbursements; subaccounts; requirements for loans and other financial assistance from the bank; requirements for applications for loans and other financial assistance and for approval of qualified projects; finance agreements; payments and repayments of loans; withholding of defaulted payments from funds allotted or payable to a defaulting government unit; annual reports to Governor and Legislature; annual audits of the bank; and assistance of the Department of Transportation to the board.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 329--A Bill to amend and reenact §11-21-9 of the Code of West Virginia, 1931, as amended, relating to updating the meaning of "federal adjusted gross income" and certain other terms in the West Virginia Personal Income Tax Act in order for the definitions to conform with the Internal Revenue Code's definitions.
Referred to the Committee on Finance.
By Senator Yost:
Senate Bill No. 330--A Bill to amend and reenact §17C-3-1 of the Code of West Virginia, 1931, as amended, relating to requiring the Division of Highways being required to include distance and speed limits in kilometers on any traffic control devices that provide a distance to a certain location in miles or speed limits on particular rights-of-way that would otherwise have to be replaced as needed.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
Senators Minard, D. Facemire, Plymale, Sypolt, Williams, Foster and Unger offered the following resolution:
Senate Concurrent Resolution No. 9--Requesting the United States Congress provide funding for the completion of Corridor H from Elkins, Randolph County, to Washington, D. C.
Whereas, In order to achieve comprehensive economic development and social growth, it is necessary to provide access to this area of West Virginia; and
Whereas, The highway must be completed to facilitate safe and effective transportation of goods and products through the area while allowing for safe and convenient passage of new business employees and customers alike; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the United States Congress to provide funding for the completion of Corridor H from Elkins, Randolph County, to Washington, D. C.; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the President of the United States, United States Senators Robert C. Byrd and John D. Rockefeller IV, United States Representatives Nick J. Rahall, Alan B. Mollohan and Shelley M. Capito and the Governor.
Which, under the rules, lies over one day.
Senators Prezioso, Edgell, Foster, Kessler, Minard, Plymale, Stollings, Jenkins, Unger and Chafin offered the following resolution:
Senate Concurrent Resolution No. 10--Requesting the Joint Committee on Government and Finance study safety issues surrounding the delivery of services that occur during home visits conducted by employees and contractors of the Department of Health and Human Resources in the State of West Virginia.
Whereas, Delivery of in-home services by employees and contractors of the Department of Health and Human Resources is vital in many instances to the preservation of family units to develop a safe and secure home environment for children and their families; and
Whereas, The persons who provide home visits are dedicated and caring individuals that strive to ensure that families in need receive high quality care to empower these families to become well balanced and cohesive; and
Whereas, In many instances in the performance of the duties necessary for a home visit, these individuals put their own personal safety at risk; and
Whereas, On July 30, 2008, Brenda Yeager, a contract employee of the Department of Health and Human Resources, made such a home visit and was brutally attacked and murdered, raising the awareness of the need to provide more effective personal safety of individuals involved in this type of work; and
Whereas, Safety concerns for employees and contractors of the Department of Health and Human Resources should be studied to gain a full understanding of the scope of these home visits and to identify safety issues and develop possible solutions; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study safety issues surrounding the delivery of services that occur during home visits conducted by employees and contractors of the Department of Health and Human Resources in the State of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance seek input from the Department of Health and Human Resources and from private agency providers on safety concerns and considerations; 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 Prezioso, Edgell, Foster, Kessler, Minard, Stollings, Jenkins and Unger offered the following resolution:
Senate Concurrent Resolution No. 11--Requesting the Joint Committee on Government and Finance reconstitute Select Committee A on Children, Juveniles and Other Matters during the interim period of the Seventy-Ninth Legislature.
Whereas, Select Committee A was appointed following the conclusion of the 2005 regular session of the Seventy-Seventh Legislature of West Virginia in response to a growing need for immediate oversight of child welfare matters; and
Whereas, In its two-year history Select Committee A has begun the process of a comprehensive review of the child welfare service delivery within the Bureau for Children and Families; and
Whereas, During the course of its work, Select Committee A has been assigned to study the topics related to recruitment and retention of Child Protective Service workers, a study of child advocacy center criteria and other important issues related to the protection of children and juveniles; and
Whereas, The efforts of Select Committee A have improved the delivery of services of child welfare services; and
Whereas, Select Committee A had a strong interest in continuing to address, among other matters, strengthening investigation options in child abuse and neglect matters, increasing penalties for individuals convicted of child abuse and neglect and addressing the problem of drug and alcohol abuse by parents relative to child abuse and neglect; and
Whereas, The provisions of legislation passed during a special session of the Legislature called by Governor Joe Manchin in 2006 included the implementation of a Child Abuse Registry and the development of a Special Victim's Unit within the State Police; and
Whereas, The work of Select Committee A should be continued to provide continued protection to children and families during the next interim period; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to reconstitute Select Committee A on Children, Juveniles and Other Matters during the interim period of the Seventy-Ninth Legislature; and, be it
Further Resolved, That throughout the next interim period, Select Committee A may seek collaboration with the Legislative Oversight Committee on Regional Jails and Correctional Facility Authority and request a joint meeting to address issues the two committees may have in common; and, be it
Further Resolved, That the committee may request periodic reports from appropriate state agencies, including, but not limited to, the Division of Juvenile Services and the Bureau for Children and Families within the Department of Health and Human Resources; and, be it
Further Resolved, That Select Committee A 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 the legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Unger, Snyder, Plymale, Sypolt and Chafin offered the following resolution:
Senate Resolution No. 14--Recognizing Leadership Berkeley for its service, dedication and commitment to Berkeley County.
Whereas, The objective of Leadership Berkeley is to promote knowledge and awareness of the problems, opportunities and issues facing Berkeley County; and
Whereas, Leadership Berkeley is designed to provide a series of educational and participatory experiences, as well as an opportunity for dialogue and the development of a correlation among participants in order to encourage local participation in the growth of Berkeley County; and
Whereas, The membership of Leadership Berkeley includes individuals from nearly every facet of Berkeley County's business, professional, religious, governmental, educational, civic, the arts, organized labor and minority organizations who demonstrate a commitment to the community; and
Whereas, The 2009 membership of Leadership Berkeley consists of Travis Barbee, Mid Atlantic Site Development, Inc.; Lisa Bivens, Panhandle Home Health, Inc.; Patricia Bowers, CoxHollidaPrice, LLP; Rhonda Bowers, Centra Bank; Barbara Bradley, Nutmeg Lodge; Valerie Breeden, Mountain State University; James Brinkley, Daily Grind; Aly Burkhart, Martinsburg-Berkeley County Parks & Recreation; Kimberly Burkhart, Bureau of Alcohol, Tobacco, Firearms & Explosives; Bryan Butler, Mid-Atlantic ProTel; Carol Cashwell, CNB Bank, Inc.; Stephen Christian, Berkeley County Development Authority; Brian DeLaCruz, Veterans Affairs Medical Center; Ronald Duncan, Sr., Veterans Affairs Medical Center; Angela Dunnigan, Centra Bank; Rosa Eggleton, Telamon Corporation; Hans Fogle, Prettyman Broadcasting; April Fox, First United Bank & Trust; James Galovics, Department of Veterans Affairs; Lynn Gibson, Gibson & Associates; Jonathan Hartiens, Veterans Affairs Medical Center; Tammy Hefner, Bank of Charles Town; Ashlee Hutzler, United Bank; Dustin Keefer, Multimedia Communications; Robyn Lopez, Berkeley County Schools; Julia Ludwick, Verizon; Patricia Millard, Essroc Italcementi Group; Ryan Perks, Alpha Associates, Inc.; Brian Romine, CoxHollidaPrice, LLP; Megan Scott, Blue Ridge CTC; Leota Shillingburg, Susquehanna Bank; Daniel Steerman, Blue Ridge CTC John Swift, HiRock Land, LLC; and Anthony Zelenka, WVUH-East/City Hospital; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes Leadership Berkeley for its service, dedication and commitment to Berkeley County; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials of Leadership Berkeley.
At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Petitions

Senators Snyder and Unger presented a petition from Sandi Poole and numerous Eastern Panhandle residents, requesting the Legislature increase funding for the MARC train service.
Referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 8, Requesting Division of Highways name bridge in Mullens, Wyoming County, "Charles V. Stewart Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the eleventh order of business and the introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators White, Unger and Chafin.
Thereafter, at the request of Senator Stollings, and by unanimous consent, the remarks by Senator White 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 24, 2009, at 11 a.m.
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