Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home
SENATE (2010)(RS):| Bills Introduced | Bill History | Topical Index | Committee Schedule | Calendar | Journal | Menu |

Senate Journal




Day 1
Day 2
Day 3
Day 6
Day 7
Day 8
Day 9
Day 10
Day 13
Day 14
Day 15
Day 16
Day 17
Day 20
Day 21
Day 22
Day 23
Day 24
Day 27
Day 28
Day 29
Day 30
Day 31
Day 34
Day 35
Day 36
Day 37
Day 38
Day 41
Day 42
Day 43
Day 44
Day 45
Day 48
Day 49
Day 50
Day 51
Day 52
Day 55
Day 56
Day 57
Day 58
Day 59
Day 60
Day 61
Day 62
Day 63
Day 64
Day 65
Day 66
Day 67
sdj-02nd day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2010

SECOND DAY

____________

Charleston, W. Va., Thursday, January 14, 2010

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

Prayer was offered by the Reverend Ernest Poland, Jr., Keyser Presbyterian Church, Keyser, West Virginia.
Pending the reading of the Journal of Wednesday, January 13, 2010,
On motion of Senator White, 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 Board of Dental Examiners, submitting its annual report, in accordance with chapter thirty, article twenty-four, section seven of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Children's Health Insurance Program, submitting its annual report as required by chapter five, article sixteen-b, section three of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Court of Claims, submitting its Crime Victims Compensation Fund report, in accordance with chapter fourteen, article two-a, section twenty-one of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Department of Health and Human Resources, submitting its annual long-term care report as required by chapter sixteen, article five-c, section three of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Division of Natural Resources, submitting its annual report, in accordance with chapter twenty, article one, section seven of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Division of Personnel, submitting its annual report as required by chapter twenty-nine, article six, section seven of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Economic Development Authority, submitting its annual report, in accordance with chapter thirty-one, article fifteen, section twenty-nine of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Legislative Oversight Committee on the Regional Jail and Correctional Facility Authority, submitting its annual report as required by chapter thirty-one, article twenty, section twenty-six of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Ron Yost Personal Assistance Services Program, submitting its annual report, in accordance with chapter eighteen, article ten-l, section seven of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
The Clerk presented a communication from the Water Development Authority, submitting its annual report as required by chapter twenty-two-c, article one, section seventeen of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the West Virginia State Police, submitting its annual report on its effectiveness in recruiting minorities and females, in accordance with chapter fifteen, article two, section seven of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Affordable Housing Trust Fund, submitting its annual report as required by chapter thirty-one, article eighteen-d, section thirteen of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Board of Medicine, submitting its annual report, in accordance with chapter thirty, article three, section seven of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Board of Registration for Professional Engineers, submitting its annual report as required by chapter thirty, article thirteen, section ten of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Bureau of Senior Services, submitting its annual report, in accordance with chapter sixteen, article five-p, section fourteen of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Commercial Motor Vehicle Weight and Safety Enforcement Advisory Committee, submitting its annual report as required by chapter twenty-four-a, article one-a, section two of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Department of Environmental Protection, submitting its biennial groundwater report, in accordance with chapter twenty-two, article twelve, section six of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Office of the Insurance Commissioner, submitting its schedule of maximum fees paid to providers of medical services rendered to workers with compensable injuries as required by chapter twenty- three, article four, section three of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
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 Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 214--A Bill to amend and reenact §11-24-3 of the Code of West Virginia, 1931, as amended, relating to updating the meaning of federal taxable income and certain other terms used in the West Virginia Corporation Net Income Tax Act; and specifying effective dates.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 215--A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended, relating to expanding certain crimes against governmental representatives and health care providers to include unlawful acts against volunteer firefighters, emergency medical technicians and persons employed by or under contract with an emergency medical services provider.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 216--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 used in the West Virginia Personal Income Tax Act; and specifying effective dates.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 217--A Bill to amend and reenact §18-9A-8a of the Code of West Virginia, 1931, as amended, relating to providing flexibility in the West Virginia public school support plan for funding regional education service agencies; and capping appropriations for the yearly foundation allowance for regional education service agencies at $4.2 million.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 218--A Bill to amend and reenact §62-12-13 of the Code of West Virginia, 1931, as amended, relating to accelerated parole eligibility for certain inmates who complete an advanced rehabilitation treatment plan created with the assistance of a standardized risk and needs assessment; authorizing the Parole Board and the Division of Corrections to propose joint rules for legislative approval; and making technical corrections.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 219--A Bill to amend and reenact §5A-1-2; §5A-1-48 and §5A-1-49 of the Code of West Virginia, 1931, as amended; all relating to the management of motor vehicles and aircraft owned or possessed by the state; authorizing the establishment of the Fleet Management Office within the Department of Administration; authorizing the Secretary of the Department of Administration to promulgate emergency rules; and repealing certain exemptions to rules pertaining to vehicles and aircraft owned or possessed by the state.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 220--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §13-4-1 and §13-4-2, all relating generally to federal subsidy bonds and bond financing; defining terms; authorizing certain bond issuers to receive credit payments with respect to federal subsidy bonds; and exempting the bonds from taxation.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 221--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-12-16c, relating to authorizing any municipality to enact by ordinance a vacant property registration program; authorizing the assessment and collection of registration fees; and requiring certain procedures for administration and enforcement.
Referred to the Committee on Government Organization.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 222--A Bill to amend and reenact §11-10-5t and §11-10-5z of the Code of West Virginia, 1931, as amended; to amend and reenact §11-13V-7 of said code; and to amend and reenact §11- 21-54 and §11-21-74 of said code, all relating to electronic filing of tax returns and electronic funds transfers in payment of taxes; requiring taxpayers with a tax liability of $10,000 or more to file electronically; requiring electronic filing for certain tax preparers and employers; providing exceptions; and providing a $10,000 tax liability threshold amount to require taxpayers to pay by electronic funds transfers.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 223
--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §3-10-3a, relating to the establishment of the Judicial Vacancy Advisory Commission; providing for commission membership and terms of appointment; requiring written policies and procedures of the commission; establishing a quorum requirement; requiring that certain proceedings of the commission be open to the public; requiring the disclosure of certain documents or materials; exempting certain meetings from the Open Governmental Proceedings Act; and exempting certain documents and materials from the Freedom of Information Act.
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 Joint Resolution No. 11--Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof by adding thereto a new section, designated section one-d, relating to authorizing the exemption from ad valorem taxation of tangible personal property directly used in commercial and industrial businesses; 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 Sypolt, Williams and Jenkins offered the following resolution:
Senate Resolution No. 3--Commemorating the life of Mineral County native Donald Matthew Redman, famous jazz musician, arranger and composer and celebrating his 2009 induction into the West Virginia Music Hall of Fame.
Whereas, Donald Matthew Redman was born July 29, 1900, in Piedmont, Mineral County, West Virginia; and
Whereas, Donald Matthew Redman began playing trumpet at age 3, joined his first band at age 6 and by age 12 was proficient in all wind instruments and the piano; and
Whereas, At the age of 20, Donald Matthew Redman earned a music degree from Storer's College, a prestigious black college in Harpers Ferry; and
Whereas, Donald Matthew Redman went on to study at conservatories in Boston and Detroit before joining Billy Paige's Broadway Syncopators in New York City in 1922, where he soon began writing arrangements; and
Whereas, While in New York City, Donald Matthew Redman recorded sessions with famed jazz musicians such as Duke Ellington and Louis Armstrong and became a major figure in the American jazz scene; and
Whereas, Donald Matthew Redman is credited with creating the sound that was to become the big band Swing, an innovative style that helped shape American and world music history; and
Whereas, Donald Matthew Redman's importance in the formulation of hot jazz in the 1920s will be forever remembered through his sophisticated and highly innovative compositions, which set the tone for big band jazz writing for many decades; and
Whereas, Sadly, Donald Matthew Redman passed away November 30, 1964, leaving behind a legacy that will be cherished forever through his music; and
Whereas, In 2009, Donald Matthew Redman was honored for his musical mastery by being inducted into the West Virginia Music Hall of Fame; therefore, be it
Resolved by the Senate:
That the Senate hereby commemorates the life of Mineral County native Donald Matthew Redman, famous jazz musician, arranger and composer and celebrates his 2009 induction into the West Virginia Music Hall of Fame; and, be it
Further Resolved, That the Senate acknowledges the many important contributions to field of music made by Mineral County native Donald Matthew Redman; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the representatives from Mineral County.
At the request of Senator Sypolt, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and proceeded to the eleventh order of business and the introduction of guests.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Friday, January 15, 2010, at 10 a.m.
____________

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature **