sdj-03rd day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2010
THIRD DAY
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Charleston, W. Va., Friday, January 15, 2010
The Senate met at 10 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Matt Friend, Pastor of
Youth Ministries, Bible Center Church, Charleston, West Virginia.
Pending the reading of the Journal of Thursday, January 14,
2010,
On motion of Senator Foster, the Journal was approved and the
further reading thereof dispensed with.
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. 224--A Bill to repeal §33-17-9a of the Code of
West Virginia, 1931, as amended; to amend said code by adding
thereto a new section, designated §33-12C-6a; to amend and reenact §33-17-9b of said code; and to amend said code by adding thereto a
new article, designated §38-10E-1 and §38-10E-2, all relating to
imposing a statutory lien on fire insurance proceeds in the event
of a total loss to real property; requiring insurance companies to
notify insured and municipality or county after determining that a
claim involves a total loss to real property; defining terms;
requiring a municipality or county to perfect the lien within
thirty days of notice of a total loss determination; providing for
release of the lien upon satisfaction of certain conditions; and
authorizing the Insurance Commissioner to declare surplus lines
insurers ineligible for certain violations.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Kessler, Snyder, Barnes, Stollings and Laird:
Senate Bill No. 225--A Bill to amend and reenact §19-14-5 of
the Code of West Virginia, 1931, as amended, relating to providing
moneys from an additional commercial feed distributor fee assessed
to commercial feed distributors to fund a statewide spay and neuter
program; and creating the Spay Neuter Assistance Fund.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Sypolt:
Senate Bill No. 226--A Bill to repeal §30-13A-26 of the Code
of West Virginia, 1931, as amended; and to amend and reenact §30-13A-4, §30-13A-6, §30-13A-15 and §30-13A-36 of said code, all
relating to land surveyors; revising board member qualifications;
clarifying certain terms related to a lapsed license; repealing
minimum standards for boundary surveys; requiring certain county
surveyors of land to be licensed after a date certain; and
authorizing minimum standards for boundary surveys to be
promulgated by legislative rule.
Referred to the Committee on Government Organization.
By Senator Foster:
Senate Bill No. 227--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §47-26-1, §47-26-2, §47-26-3, §47-26-4, §47-26-5 and
§47-26-6, all relating to creating the Protect Children from
Dangerous Lighters Act; prohibiting the sale of novelty lighters;
making exceptions; making legislative findings; providing a
definition; providing a civil penalty; and requiring the
destruction of seized novelty lighters.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 228--A Bill to amend and reenact §18-5-45 of
the Code of West Virginia, 1931, as amended, relating to requiring
county boards to adopt contingency plans designed to guarantee one hundred eighty separate days of instruction for students;
authorizing county boards of education to select the beginning date
and ending date of the instructional term of the school calendar;
and making technical corrections.
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. 229--A Bill to amend and reenact §18-9D-8 of
the Code of West Virginia, 1931, as amended, relating to
authorizing the School Building Authority to issue bonds in the
maximum aggregate amount of $500 million outstanding at any time;
and making technical corrections.
Referred to the Committee on Education; and then to the
Committee on Finance.
Senators Kessler, Edgell and Williams offered the following
resolution:
Senate Concurrent Resolution No. 1--
Requesting the Division of
Highways to name Bridge No. 9-50-5.61, located on U. S. Route 50 at
mile post 5.61 crossing Arnold's Creek, in Doddridge County, the
"SPC Jason N. Marchand Memorial Bridge".
Whereas, SPC Jason N. Marchand was a graduate of Doddridge
County High School, Class of 2000, and a resident of Greenwood,
West Virginia; and
Whereas, Sensing the call of duty, he enlisted in the U. S.
Army; and
Whereas, After enlisting, he was assigned to Vilseck, Germany
for two years as a member of the 3rd Squadron, 2nd Stryker Cavalry
Regiment (Wolfpack) before being deployed to Iraq; and
Whereas, On the morning of October 5, 2007, during combat
operations north of Baghdad, he tragically lost his life when an
improvised explosive device detonated near his unit; and
Whereas, He was laid to rest as a hero October 13, 2007, in
Center Point, West Virginia; and
Whereas, It is fitting that this bridge be named in memorial
to the life, sacrifice and service of SPC Jason N. Marchand;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby request the Division of Highways
to name Bridge No. 9-50-5.61 located on U. S. Route 50 between the
communities of Arnold's Creek and Central Station, in Doddridge
County, the "SPC Jason N. Marchand Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and placed on the bridge, signs identifying
it as the "SPC Jason N. Marchand 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 Commissioner
of the Division of Highways and members of the family of SPC Jason N. Marchand.
Which, under the rules, lies over one day.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
Pending announcement of a meeting of a standing committee of
the Senate,
On motion of Senator Edgell, the Senate adjourned until
Monday, January 18, 2010, at 11 a.m.
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