sdj-30th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2009
THIRTIETH DAY
____________
Charleston, W. Va., Thursday, March 12, 2009
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Pastor Allen Stewart, Milton Baptist
Church, Milton, West Virginia.
Pending the reading of the Journal of Wednesday, March 11,
2009,
On motion of Senator Guills, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 403, Making supplemental appropriation
from State Road Fund to Department of Transportation.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2404--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §31-20-5f, relating to reimbursement to the regional
jail authority for medical services provided to persons held in
regional jails.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2539--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §30-1B-1, §30-1B-2 and §30-1B-3, all relating to
authorizing professional licensing boards to combine administrative
staff functions; requiring consultation with the office of the
Attorney General; requiring memoranda of understanding; and
authorizing emergency rules.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2684--A Bill to amend and
reenact §61-11-22 of the Code of West Virginia, 1931, as amended;
to amend said code by adding thereto a new article, designated §62-
15-1, §62-15-2, §62-15-3, §62-15-4, §62-15-5, §62-15-6, §62-15-7,
§62-15-8, §62-15-9, §62-15-10, §62-15-11, §62-15-12 and §62-15-13, all relating to the enactment of the "West Virginia Drug Offender
Accountability and Treatment Act"; removing conflicting provisions
related to drug court from the code; explaining the policy and
goals of the Act; authorizing drug courts; providing for the
structure of drug courts; authorizing drug court teams;
establishing eligibility requirements for drug courts; providing
treatment and services to participants; establishing drug testing
procedures; providing for oversight and rule-making authority of
the supreme court of appeals; collecting and maintaining
information on drug court candidates and participants; funding;
providing for immunity from liability; and establishing the manner
in which the Act is to be construed.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2719--A Bill to amend and
reenact §11-16-3 of the Code of West Virginia, 1931, as amended,
relating to "nonintoxicating beer"; defining "nonintoxicating craft
beer"; including "nonintoxicating craft beer" with the definition
of "nonintoxicating beer"; and increasing the maximum alcohol level
in the stated definition of "nonintoxicating beer".
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2009, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2801--A Bill to amend and reenact §30-3-7
of the Code of West Virginia, 1931, as amended, relating to
updating language and making technical changes clarifying that the
Board of Medicine is an autonomous board which may hire its
employees at the board's will and pleasure; and providing for
continuation of employment and coverage under the classified
service of the Division of Personnel for current employees.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 27--Requesting the Division of
Highways to name the bridge on County Route 7 at Capels, in
McDowell County, number 24-7-12.17 the "Eugene Collins Memorial
Bridge".
Referred to the Committee on Transportation and
Infrastructure.
The Senate proceeded to the fourth order of business.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 8, Requiring certain nonprofit directors and board members attend training.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 8 (originating in the Committee
on Government Organization)--A Bill
to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §31E-8-813, relating to requiring directors and members
of the boards of directors of nonprofit corporations which receive
funding from the State of West Virginia or the federal government
to attend training; training provided by Auditor; and reimbursement
for reasonable expenses.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill (Com. Sub. for S. B. No. 8), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 256, Providing additional requirements for
certain property annexation.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 256 (originating in the
Committee on Government Organization)--A Bill
to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new section,
designated
§8-6-
4a; and to amend and reenact
§8A-7-2 of said code,
all
relating to
urban growth boundaries
;
definitions; providing new
procedures for annexation without election and annexation by minor
boundary adjustment for municipalities in growth counties that have
an adopted countywide zoning ordinance which includes urban growth
boundaries; setting requirements; and permitting urban growth
boundaries in zoning ordinances.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill (Com. Sub. for S. B. No. 256), under the original
double committee reference, was then referred to the Committee on
the Judiciary.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 276, Imposing statute of limitations on
certain real property civil actions.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 276 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §55-2-6a
of the Code of West Virginia, 1931, as amended, relating to
imposing a statute of limitations on the bringing of any civil
action derived from the actual surveying of real property more than
ten years after the performance of the services is accepted.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 335, Authorizing Division of Culture and
History distribute fairs and festivals' funding.
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 Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 336, Changing failure to wear seatbelt to
primary offense.
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.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 404, Creating sesquicentennial commission and
fund.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 404 (originating in the
Committee on Government Organization)--A Bill
to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new article,
designated §4-13-1, §4-13-2, §4-13-3, §4-13-4, §4-13-5, §4-13-6 and §4-13-7, all relating to establishing the West Virginia
Sesquicentennial Commission and fund; membership; meetings; powers
and duties of the commission; and termination of the commission.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill (Com. Sub. for S. B. No. 404), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 418, Relating to municipal fees.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 418 (originating in the
Committee on Government Organization)--A Bill
to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new section,
designated §8-13-13a, relating to requirements for municipalities
when they implement or increase a municipal fee.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Government Organization.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 428, Eliminating Division of Personnel
Director's statutorily set salary.
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 Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Green, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Bill No. 454, Reporting certain geological information
obtained incidental to oil and gas drilling.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 454 (originating in the
Committee on Energy, Industry and Mining)--A Bill
to amend and
reenact §22-6-22 of the Code of West Virginia, 1931, as amended,
relating to the reporting of certain geologic information obtained
incidental to oil and gas drilling; requiring the filing of reports
with the Department of Environmental Protection and the State
Geological and Economic Survey; providing for the delivery of core
samples and well cuttings to the State Geological and Economic
Survey; and assuring the confidentiality of reports and other
information provided.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Mike Green,
Chair.
The bill (Com. Sub. for S. B. No. 454), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Green, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Bill No. 461, Extending selenium effluent limits
compliance time.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 461 (originating in the
Committee on Energy, Industry and Mining)--
A Bill to amend and
reenact §22-11-6 of the Code of West Virginia, 1931, as amended,
relating to extending the time for compliance with selenium
effluent limits.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on the Judiciary.
Respectfully submitted,
Mike Green,
Chair.
The bill (Com. Sub. for S. B. No. 461), under the original
double committee reference, was then referred to the Committee on
the Judiciary.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 466, Clarifying Division of Personnel's
functions.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 487, Relating to Division of Personnel
Director's qualifications.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
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 Senator White:
Senate Bill No. 553--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §31-21-1 and §31-21-2, all relating to the creation of
the Good Coal Company Neighbor Act; and requiring coal companies
that have mining operations in a county to provide coal, at the
prevailing wholesale rate, to residents of that county.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Kessler, Bowman and Plymale:
Senate Bill No. 554--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §15-12-2c, relating to requiring sex offenders to pay a
fee which is to be deposited into the State Police Retirement Fund.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Minard, Stollings and D. Facemire:
Senate Bill No. 555--A Bill to amend and reenact §60-6-1 and
§60-6-6 of the Code of West Virginia, 1931, as amended, all
relating to state control of alcoholic liquors; and allowing owners
of warehouses which are customs bonded warehouses or such other
warehouses which are approved by the Alcohol Beverage Control
Commissioner to store and transport into, out of and within the
state alcoholic liquors, wine, beer or nonintoxicating beer not
held or intended for retail or use within the state.
Referred to the Committee on Government Organization.
By Senators White and Stollings:
Senate Bill No. 556--A Bill to amend and reenact §17B-3-6 of
the Code of West Virginia, 1931, as amended, relating to providing
that if a licensee has been notified of a pending thirty-day
driver's license suspension based on the accumulation of twelve or
thirteen points, the licensee may submit proof of completion of an
approved defensive driving course to deduct three points and rescind the pending license suspension.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senator Plymale:
Senate Bill No. 557--A Bill to amend and reenact §18-5-1a of
the Code of West Virginia, 1931, as amended, relating generally to
the eligibility requirements of candidates for, members-elect to
and members of county school boards; prohibiting certain political
activities; clarifying which political activities are permissible;
making technical changes for purposes of codifying current law in
more succinct manner; and clarifying that candidates for school
board may hold public office until such time that they take the
oath of office for county school board.
Referred to the Committee on Education; and then to the
Committee on the Judiciary.
By Senators Jenkins, K. Facemyer, Green, Oliverio, Caruth,
Foster, Barnes, Williams, Stollings and Guills:
Senate Bill No. 558--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §55-7E-1, §55-7E-2, §55-7E-3, §55-7E-4 and §55-7E-5, all
relating to filing of claims for asbestos; disclosures regarding
existing and anticipated claims involving asbestos bankruptcy
trusts; defendants' rights in asbestos action to require claimant
to show cause regarding additional bankruptcy trust claims;
certification of cause of action by court; discovery of materials
from bankruptcy trusts; value of trust claims; sanctions for noncompliance; and rights of setoff.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators McCabe, Browning, Green, Stollings and D.
Facemire:
Senate Bill No. 559--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 and §5B-7-6,
all relating to the creation of the Governor's Commission on the
Reorganization of Tamarack; setting forth legislative findings and
purposes of the bill; setting forth the members and officers of the
commission; setting the compensation and the funding for the
expenses of the commission; stating the powers and duties of the
commission; requiring the commission to report to the Joint
Committee on Government and Finance and the Governor; and providing
for the termination of the commission.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Laird, Stollings, Foster and White:
Senate Bill No. 560--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §17B-3-14, relating to motor vehicle driver's license;
cancellation, suspension or revocation of licenses; and
establishing a driver's license restoration program.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Sypolt, Bowman, Snyder, Yost, White, Prezioso and
D. Facemire:
Senate Bill No. 561--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §7-2-8; and to amend and reenact §30-13A-36 of said
code, all relating to surveyors; and requiring each county surveyor
of lands to be a licensed surveyor after a date certain.
Referred to the Committee on Government Organization.
By Senator Barnes:
Senate Bill No. 562--A Bill to amend and reenact §36-1-3 of
the Code of West Virginia, 1931, as amended, relating to requiring
all contracts for the sale or lease of real property over five
acres to state with specificity the estate being transferred and
the estate, if any, being reserved.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators D. Facemire, Green, Deem, McCabe, Foster, Kessler,
Stollings and Plymale:
Senate Bill No. 563--A Bill to amend and reenact §22-3-8 of
the Code of West Virginia, 1931, as amended, relating to
environmental permitting of surface coal mining; and correcting
antiquated language with respect to the state agencies charged with
cooperating with the Department of Environmental Protection to
ensure that permit applicants comply with certain fiscal and
reporting requirements imposed by the state's unemployment
compensation and workers' compensation laws.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Caruth, Snyder, Williams and Deem:
Senate Bill No. 564--A Bill to amend and reenact §22-1-6 of
the Code of West Virginia, 1931, as amended, relating to requiring
all final actions by the Department of Environmental Protection
regarding coal mine permits to be completed within six months after
the applicant provides all information required for a final
decision to be made on said application for a coal mining permit.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senator Barnes:
Senate Bill No. 565--A Bill to amend and reenact §50-1-9a of
the Code of West Virginia, 1931, as amended, relating to creating
four part-time magistrate court deputy clerk positions.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Browning, Plymale, Foster, Prezioso, Stollings,
Edgell, Unger, Barnes and Guills:
Senate Bill No. 566--A Bill to amend and reenact §18-9A-24 of
the Code of West Virginia, 1931, as amended, relating to adding
professional student support personnel to the foundation allowance
for the Public Employees Insurance Agency for school employees; and
requiring the annual contribution established by the Public
Employees Insurance Agency Finance Board of any proportionate share
of the retirees' subsidy be added to insurance premiums.
Referred to the Committee on Education; then to the Committee
on Pensions; and then to the Committee on Finance.
By Senator Barnes:
Senate Bill No. 567--A Bill to amend and reenact §50-1-1 of
the Code of West Virginia, 1931, as amended, relating to electing
magistrates by division.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senator White:
Senate Bill No. 568--A Bill to amend and reenact §22-11-8 of
the Code of West Virginia, 1931, as amended, relating to the Water
Pollution Control Act; prohibiting new permits or modifications of
existing permits for underground injection of coal slurry; and
requiring submission of certain studies to the Legislature.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Foster and White:
Senate Bill No. 569--A Bill to amend and reenact §18-7D-5 and
§18-7D-6 of the Code of West Virginia, 1931, as amended, all
relating to service credit in State Teachers Retirement System
following transfer; changing the last date the Consolidated Public
Retirement Board will accept completed loan applications for
payment of actuarial reserve to June 30, 2009; and extending
payment deadline until the loan process is completed and approved
by the board.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Bowman, Minard, Yost, Plymale, Kessler, Edgell,
Browning, Laird, Snyder, Green, D. Facemire, Hall, K. Facemyer and
White:
Senate Bill No. 570--A Bill to repeal §30-8-2a and §30-8-2b of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §30-8-2 and §30-8-3 of said code, all relating to the
practice of optometry; repealing existing provisions regarding
prescriptive and expanded prescriptive authority; authorizing
certain surgical procedures included in the curriculum of
accredited schools of optometry, the dispensing of optical lenses,
prescriptive drugs and other practices included in the curriculum
of accredited schools of optometry or approved continuing education
course; and requiring the West Virginia Board of Optometry to
promulgate legislative rules establishing the limitation of
practice and drug formularies for optometrists in this state.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Government Organization.
By Senators Caruth, Jenkins and Guills:
Senate Bill No. 571--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §55-7E-1, §55-7E-2, §55-7E-3, §55-7E-4, §55-7E-5, §55-
7E-6, §55-7E-7, §55-7E-8, §55-7E-9 and §55-7E-10, all relating to
establishing the Punitive Damages Standards Act; legislative
findings; defining terms; punitive damage pleading requirements;
procedure for award of punitive damages; proof required for punitive damages; punitive damage limitations; and effective date.
Referred to the Committee on the Judiciary.
By Senator Bowman:
Senate Bill No. 572--A Bill to repeal §5A-1-10 of the Code of
West Virginia, 1931, as amended, relating to abolishing the Public
Employee Leave Benefit Analysis Board.
Referred to the Committee on Government Organization.
By Senators Bowman and Snyder:
Senate Bill No. 573--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5A-3C-8a; and to amend and reenact §16-29B-8 of said
code, all relating to terminating the West Virginia Pharmaceutical
Cost Management Council on July 1, 2009; and transferring oversight
of the prescription drug advertising expense reporting rule to the
Health Care Authority.
Referred to the Committee on Government Organization.
By Senators Caruth, Snyder, Green, Williams, Stollings, Deem
and Guills:
Senate Bill No. 574--A Bill to amend and reenact §22-1-8 of
the Code of West Virginia, 1931, as amended, relating to the
Department of Environmental Protection; and requiring the
supervisory officers of the offices within the Department of
Environmental Protection to monitor litigation challenging state
statutes affecting the production of natural resources in West
Virginia.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
Senators Wells and Jenkins offered the following resolution:
Senate Concurrent Resolution No. 23--
Requesting the Division
of Veterans Affairs name the West Virginia State Veterans Cemetery
"THE DONEL KINNARD VETERANS CEMETERY".
Whereas, Donel Kinnard was born on April 5, 1936, in Logan;
and
Whereas, Donel Kinnard was married to Rebecca McCann Kinnard;
and
Whereas, Donel Kinnard retired with 22 years in military
service, first in the United States Marine Corps and then in the
United States Navy, where he served with UDT and SEALS teams; and
Whereas, Donel Kinnard was a recipient of the Navy Cross (the
Navy's highest medal), seven Purple Hearts, the Bronze Star and
many other medals, commendations and citations; and
Whereas, Donel Kinnard was the past state commander of the
Veterans of Foreign Wars, past district commander of the VFW, past
post commander of the VFW and past president of the Hurricane Lions
Club; and
Whereas, Donel Kinnard was a member of the Legion of Valor,
Military Order of the Purple Heart, Veterans of Foreign Wars,
American Legion, Disabled American Veterans, UDT-SEAL Association,
Fleet Reserve Association, Marine Corps League, Vietnam Veterans of
America and the Military Order of the Cootie; and
Whereas, Donel Kinnard played an instrumental role in
establishing a 120-bed, $32 million nursing facility in Clarksburg; and
Whereas, Donel Kinnard was serving as chairman of the West
Virginia Veterans Council, chairman of the West Virginia Veterans
Nursing Home Committee and chairman of the West Virginia Veterans
Cemetery; and
Whereas, Donel Kinnard asked that his final resting place be
the West Virginia State Veterans Cemetery; and
Whereas, Donel Kinnard died on February 14, 2009; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Division of Veterans Affairs is hereby requested to
name the West Virginia State Veterans Cemetery "THE DONEL KINNARD
VETERANS CEMETERY"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Director of
the Division of Veterans Affairs; the Secretary of Military Affairs
and Public Safety; Donel Kinnard's wife, Rebecca McCann Kinnard;
his daughter, Theresa Johnson of Austin, Texas; his son, Donel
Kinnard and his wife Tammy Kinnard of Milford, Ohio; his son, Mike
Kinnard and his wife Lina Kinnard of Milton; his daughter, Melissa
Kay Cliver and her husband Tim Cliver of San Antonio, Texas; his
daughter, Petra Kresse and her husband Bob Kresse of Virginia
Beach, Virginia; his daughter, Kimberly Tapia and her husband Ted
Tapia of Longmont, Colorado; his stepson, Larry Stamm and his wife
Laurene Stamm of Mooresville, North Carolina; his stepson, Wade
Stamm of Huntersville, North Carolina; his stepdaughter, Alandra Warner and her husband John Warner of Mooresville, North Carolina;
his stepson, Ryan Stamm and his wife Louisa Stamm of Cornelius,
North Carolina; his brother, Ben Kinnard of Wood River, Illinois;
his sister, Emma Robison of Palm Bay, Florida; and his sister, Lona
Hayes and her husband Pete Hayes of Milton.
Which, under the rules, lies over one day.
Senator White offered the following resolution:
Senate Concurrent Resolution No. 24--
Requesting the Joint
Committee on Government and Finance study the various benefits and
burdens in implementing a year-round, 200-day school year for our
state public education system from kindergarten through twelfth
grade.
Whereas, Proponents of implementing a year-round, 200-day
school year for our state public education system from kindergarten
through twelfth grade believe said implementation would result in
a higher quality of education in various respects being provided to
all aforesaid West Virginia public school students; and
Whereas, Proponents and detractors of a year-round, 200-day
school year acknowledge there may be issues regarding the current
inventory of all facilities within the West Virginia public school
system that would be used to provide said education; and
Whereas, Said proponents and detractors acknowledge there may
also be concerns regarding proper compensation for all individuals
employed by said public school system within West Virginia if said
school year is implemented; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the various benefits and burdens in implementing
a year-round, 200-day school year for our state public education
system from kindergarten through twelfth grade; 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.
Senator Stollings offered the following resolution:
Senate Concurrent Resolution No. 25--
Requesting the Division
of Highways name bridge number 03-1-8.23 (104504) in Ashford, Boone
County, the "Willis W. Elkins Memorial Bridge".
Whereas, Willis W. Elkins served the Ashford and Boone County
community with dedicated leadership and was a lifelong resident
whose family dates back several generations; and
Whereas, Willis W. Elkins was an outstanding organizer and
citizen in the community. He served in the United States Navy
during World War II, earning six combat stars. He returned home
after service to pursue his education and fulfill his career goals
and became a teacher, principal, assistant superintendent, superintendent, member of the board of education and was a
phenomenal community leader in other aspects. Willis W. Elkins
served the community with distinction; and
Whereas, The citizens and community leaders throughout Boone
County have recognized the works of Willis W. Elkins and believe it
proper to honor the achievements of Willis W. Elkins by naming a
new bridge after him; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 03-1-8.23 (104504) in Ashford, Boone County, the
"Willis W. Elkins Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the bridge
as the "Willis W. Elkins Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and Willis W. Elkins.
Which, under the rules, lies over one day.
Senators Caruth, Stollings, Snyder, Williams, Green, Deem,
Plymale and Guills offered the following resolution:
Senate Concurrent Resolution No. 26--
Requesting the Joint
Committee on Government and Finance study the burden of taxes and
fees by the State of West Virginia upon the coal industry.
Whereas, The coal industry is and has been for many years an
integral part of the economic and social fabric of the state; and
Whereas, Whole communities in this state rely in large part, if not completely, on the coal industry for their continuing
vitality; and
Whereas, The coal industry remains essential to economic
growth and progress in West Virginia and the United States; and
Whereas, Coal continues to sustain our economy and provides
the financial security as future diversity and expansion of our job
base is explored; and
Whereas, Coal can help provide a dependable domestic source of
energy in light of concerns our nation has become dependent on
energy sources from foreign sources that may not be reliable in the
long term; and
Whereas, It is critical to regularly reassess the burden of
taxes and fees by the State of West Virginia upon the coal industry
as compared to the burden said industry must bear in other
coal-producing states and the overall economic impact of the coal
industry within West Virginia for our economic prosperity and
security; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the burden of taxes and fees by the State of
West Virginia upon the coal industry; and, be it
Further Resolved, Said study shall be conducted with the aid
of West Virginia University and Marshall University; 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 Tomblin (Mr. President), Stollings, Unger, Prezioso,
Kessler, Plymale and White offered the following resolution:
Senate Resolution No. 27--Designating March 12, 2009, as "West
Virginia Press Association Day".
Whereas, The West Virginia Press Association was founded in
June, 1869, at which time there were 52 newspapers in publication
in the Mountain State; and
Whereas, Today the West Virginia Press Association represents
24 daily and 62 weekly newspapers in publication in the Mountain
State; and
Whereas, The exercise of a free press is fundamental to a
democratic society and the West Virginia Press Association promotes
the highest standards of journalism and respects the duty of a free
press to responsibly report the events and happenings of our state
to the public; and
Whereas, The West Virginia Press Association is dedicated to
the proposition that an active press committed to freedom of
opinion and expression to impart ideas and information to the
public is vital to democracy in West Virginia; and
Whereas, The West Virginia Press Association encourages
collegiality, cooperation and fraternal good fellowship among
members of the newspaper industry as a means of reinforcing the
fundamental principles of a responsible free press; therefore, be
it
Resolved by the Senate:
That the Senate hereby designates March 12, 2009, as "West
Virginia Press Association Day"; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the West Virginia Press Association.
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
resumed business under the sixth order.
Senators
White, Yost, Laird, Chafin, Foster, Green, Snyder,
Unger, Fanning, Wells, D. Facemire, Kessler, Edgell and Bowman
offered the following resolution:
Senate Resolution No. 28--
Urging the United States Congress
pass the Employee Free Choice Act.
Whereas, In 1935, the United States established by law that
workers must be free to form unions; and
Whereas, The freedom to form or join a union is
internationally recognized as a fundamental human right; and
Whereas, Union membership provides workers better wages and
benefits and protection from discrimination and unsafe workplaces;
and
Whereas, Workers want to organize, but can't when more than 40
million U. S. workers say they would join a union now if they had
the opportunity; and
Whereas, Even though on paper America's workers have the
freedom to choose for themselves whether to have a union, in
reality workers across the nation are routinely denied that right;
and
Whereas, When the right of workers to form a union is
violated, wages fall, race and gender pay gaps widen, workplace
discrimination increases and job safety standards disappear; and
Whereas, Many thousands of America's workers are routinely
threatened, coerced or fired each year because they try to form a
union; and
Whereas, Most violations of workers' freedom to choose a union
occur behind closed doors and each year millions of dollars are
spent to frustrate workers' efforts to form unions; and
Whereas, A worker's fundamental right to choose a union is a
public issue that requires public policy solutions, including
legislative remedies; and
Whereas, The Employee Free Choice Act would authorize the
National Labor Relations Board to certify a union as the bargaining
representative when a majority of employees voluntarily sign
authorizations designating the union to represent them or by a secret ballot election should 30 percent of the workers choose a
ballot election; therefore, be it
Resolved by the Senate:
That the Senate hereby urges the United States Congress to
pass the Employee Free Choice Act; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to West Virginia's congressional
delegation.
Which, under the rules, lies over one day.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 22, Requesting Joint
Committee on Government and Finance study feasibility of statewide
database background check system.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on the
Judiciary; and then to the Committee on Rules.
Senate Resolution No. 23, Commemorating life of Thomas A.
Colley.
On unfinished business, coming up in regular order, was
reported by the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 238, Prohibiting discrimination
based upon age or sexual orientation
.
On second reading, coming up in regular order, was read a
second time.
Senator Sypolt moved that the bill be rereferred to the
Committee on the Judiciary.
The question being on the adoption of Senator Sypolt's
aforestated motion, the same was put and did not prevail.
The bill was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 318, Expanding Division of
Protective Services' law-enforcement authority over state property
under certain circumstances.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 375, Relating to Office of
Coalfield Community Development master land use plans.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
Senate Bill No. 344, Authorizing mental hygiene commissioners
sign readmission orders.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 445, Removing conservation supervisors'
election certification requirements.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
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 Fanning, White, Prezioso and
Kessler.
Thereafter, at the request of Senator Bowman, and by unanimous
consent, the remarks by Senators White and Prezioso were ordered
printed in the Appendix to the Journal.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Chafin, unanimous consent being
granted, it was ordered that the Journal show had Senator Chafin
been present in the chamber on Monday, March 9, 2009, he would have
voted "yea" on the passage of Engrossed Committee Substitute for
Senate Bill No. 284, Engrossed Committee Substitute for Senate Bill
No. 339 and Engrossed Committee Substitute for Senate Bill No. 405;
on Tuesday, March 10, 2009, he would have voted "yea" on the passage
of Engrossed Committee Substitute for Senate Bill No. 243,
Engrossed Senate Bill No. 251, Engrossed Senate Bill No. 262,
Engrossed Committee Substitute for Senate Bill No. 277, Engrossed
Senate Bill No. 329 and Engrossed Senate Bill No. 410; and on
yesterday, Wednesday, March 11, 2009, Engrossed Senate Bill No. 66,
Engrossed Senate Bill No. 306 and he would have voted "yea" on the
passage of Engrossed Committee Substitute for Senate Bill No. 370.
Pending announcement of meetings of standing committees of the
Senate, including a minority party caucus,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, March 13, 2009, at 11 a.m.
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