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WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2009
SIXTH DAY
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Charleston, W. Va., Monday, February 16, 2009
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend John Strimer, First Baptist
Church, St. Marys, West Virginia.
Pending the reading of the Journal of Friday, February 13,
2009,
On motion of Senator Jenkins, 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.
At the request of Senator Chafin, and by unanimous consent,
the provisions of rule number fifty-four of the Rules of the
Senate, relating to persons entitled to the privileges of the
floor, were suspended in order to grant United States military
veterans privileges of the floor for the day.
The Senate proceeded to the fourth order of business.
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. 210, Authorizing Division of Motor Vehicles
promulgate legislative rule relating to denial, suspension,
revocation, restriction or nonrenewal of driving privileges.
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.
At the request of Senator Bowman, and by unanimous consent,
the Senate returned to the second order of business and the
introduction of guests.
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 Green, White, Palumbo and Kessler:
Senate Bill No. 255--A Bill to amend and reenact §25-1-3a and
§25-1-3b of the Code of West Virginia, 1931, as amended, all
relating to trustee accounts; funds, earnings and personal property
of inmates; and inmate benefit funds.
Referred to the Committee on Finance.
By Senator Snyder:
Senate Bill No. 256--
A Bill to amend and reenact §8-6-1 of the
Code of West Virginia, 1931, as amended; to amend said code by
adding thereto a new section, designated §8-6-7; to amend and
reenact §8A-1-2 of said code; and to amend and reenact §8A-7-2 of
said code, all relating to the annexation of land by a municipality
in counties that have adopted a countywide zoning ordinance which
includes urban growth boundaries; requiring the land to be
contiguous to the municipality outside the urban growth boundaries;
requiring that annexation take place in the county's designated
urban growth boundaries; providing for annexation outside the urban
growth boundary; providing for annexation of property in another
municipality's urban growth boundary by intergovernmental agreement
between the municipalities; defining "contiguous"; requiring a
public hearing and signage for property annexation outside the
urban growth boundary; and providing the authority to identify and
establish urban growth boundaries within county zoning ordinances.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Browning, Green, Stollings, Wells, Plymale and
Chafin:
Senate Bill No. 257--A Bill to amend and reenact §18-5-1 and
§18-5-1a of the Code of West Virginia, 1931, as amended, all
relating to the creation of a nonvoting student member position on
each local county board of education within this state.
Referred to the Committee on Education.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 258--A Bill to amend and reenact §11-8-26 of
the Code of West Virginia, 1931, as amended, relating to unlawful
expenditures by a local fiscal body; and clarifying that a local
fiscal body or its duly authorized officials shall not be held
personally or criminally liable for certain deficits relating to
the unfunded actuarial accrued liability of the West Virginia
Retiree Health Benefit Trust Fund and annual required employer
contributions.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Kessler and Chafin:
Senate Bill No. 259--A Bill to amend and reenact §29-26-1 of
the Code of West Virginia, 1931, as amended, relating to making
technical changes clarifying certain terminology within the West
Virginia Courthouse Facilities Improvement Authority.
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 Bill No. 260--A Bill to amend and reenact §29-21-3b,
§29-21-8 and §29-21-13a of the Code of West Virginia, 1931, as
amended, all relating generally to Public Defender Services;
requiring the Indigent Defense Commission to submit a report to the
Legislature; authorizing the creation of public defender
corporations in the fourth, sixteenth, seventeenth and twenty-sixth judicial circuits; and raising the hourly rate of compensation for
panel attorneys.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Jenkins:
Senate Bill No. 261--A Bill to amend and reenact §3-1-30 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §3-4A-28 of said code, all relating to mandating that party
executive committees are to submit their list of nominees to serve
as election officials no later than the seventieth day before the
election; and requiring that five percent of the precincts ballots
be manually counted only during any recount and not during the
canvass.
Referred to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 262--A Bill to amend and reenact §29-1-8 of
the Code of West Virginia, 1931, as amended, relating to removing
language that prohibits the state from using a county's General
Revenue Fund for historic preservation.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Green, White and Palumbo:
Senate Bill No. 263--A Bill to amend and reenact §25-1-17 and
§25-1-18 of the Code of West Virginia, 1931, as amended, all
relating to monitoring of inmate telephone calls; procedures and
restrictions; calls to or from attorneys excepted; monitoring inmate mail; procedures and restrictions; identifying mail from a
state correctional institution; and mail to or from attorneys
excepted.
Referred to the Committee on the Judiciary.
By Senator Green:
Senate Bill No. 264--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto two new sections,
designated §61-3-59 and §61-3-59a, all relating to the sale of
goods or services with counterfeit mark; production or reproduction
of counterfeit mark; and penalties, including seizure and
forfeiture of counterfeit marks.
Referred to the Committee on the Judiciary.
By Senators Unger, Snyder, Stollings, Chafin and Kessler:
Senate Bill No. 265--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §11-13Z-1; and to amend said code by adding thereto a
new section, designated §18-2-19, all relating to authorizing a tax
credit for new teachers in critical needs areas; and requiring the
State Board of Education to determine standards defining "critical
needs areas" in both subject areas and geographic areas.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Snyder, Chafin and Kessler:
Senate Bill No. 266--A Bill to amend and reenact §11-21-10a of
the Code of West Virginia, 1931, as amended, relating to raising
the tax credit for nonfamily adoptions to $4,000.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Snyder and Barnes:
Senate Bill No. 267--A Bill to repeal §47-19-1, §47-19-2, §47-
19-3, §47-19-4, §47-19-5, §47-19-6, §47-19-7 and §47-19-8 of the
Code of West Virginia, 1931, as amended, all relating to repeal of
article which allows a business to acquire a license to sell drug
paraphernalia.
Referred to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 268--A Bill to amend and reenact §7-11B-2,
§7-11B-3, §7-11B-4 and §7-11B-7 of the Code of West Virginia, 1931,
as amended, all relating to permitting Class III municipalities to
participate in the West Virginia Tax Increment Financing Act.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Plymale and Green:
Senate Bill No. 269--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18-9A-22, relating to supplemental funding for the
provision of alternative programs for limited English proficient
students.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Plymale and Green:
Senate Bill No. 270--A Bill to amend and reenact §18-9A-2, §18-9A-3a and §18-9A-9 of the Code of West Virginia, 1931, as
amended, all relating to further defining "professional student
support personnel"; clarifying definition of "net enrollment";
providing for computation of certain personnel allowances for
certain fiscal years based on number of personnel that would be
eligible based on net enrollment if certain condition is met; and
including professional student support personnel in the public
school support formula allowance calculations for current expense
and faculty senates.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Williams and Plymale:
Senate Bill No. 271--A Bill to amend and reenact §3-5-8 of the
Code of West Virginia, 1931, as amended; and to amend and reenact
§3-6-4a of said code, all relating to elections; requiring write-in
candidates for public office to pay a filing fee for the office
sought; and providing for distribution of the fee in the same
manner as other candidates.
Referred to the Committee on the Judiciary.
By Senator Boley:
Senate Bill No. 272--A Bill to amend and reenact §49-7-1 of
the Code of West Virginia, 1931, as amended, relating to allowing
the name and age of a child, who has attained the age of ten years,
and the offense with which he or she is charged to be released to
the general public in cases in which the child has been found
guilty of juvenile delinquency for any offense which would be a misdemeanor or felony if it was committed by an adult.
Referred to the Committee on the Judiciary.
By Senators Unger, Snyder and Chafin:
Senate Joint Resolution No. 9--Proposing an amendment to the
Constitution of the State of West Virginia, amending section one-b,
article X thereof, relating to homestead exemption increase;
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 Browning, Foster, Plymale, Chafin, Jenkins and
Kessler offered the following resolution:
Senate Resolution No. 9--R
ecognizing the "Take a Veteran to
School Day" program.
Whereas, There are 178,000 veterans in the State of West
Virginia; and
Whereas, Senator Jay Rockefeller joined with veterans groups
across the state and the West Virginia Cable Telecommunications
Association to facilitate The History Channel's "Take a Veteran to
School Day" in West Virginia schools during the fall of 2008; and
Whereas, The program helps recognize and thank veterans around
the Mountain State for their service, bravery and sacrifice to our
great nation; and
Whereas, Through this initiative, students and educators
around the State of West Virginia can hear firsthand accounts of
veterans' military experience and encourage students to get to know the veterans who live in their communities; and
Whereas, Senator Jay Rockefeller and the West Virginia Cable
Telecommunications Association should be commended for their
commitment to honoring West Virginia veterans through this
important program; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the "Take a Veteran to
School Day" program; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Division of Veterans' Affairs.
At the request of Senator Browning, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Senators Wells, Yost, Edgell, D. Facemire, Laird, Oliverio,
Williams, Boley, Sypolt, Foster, Stollings, Plymale, Chafin,
Jenkins and Kessler offered the following resolution:
Senate Resolution No. 10--
Designating Monday, February 16,
2009, as "Veterans Visibility Day".
Whereas, From the Revolutionary War, which gave America its
identity as a free and democratic nation, to this moment, America's
men and women have always risen to the call of duty in order to
defend and preserve our freedom and help maintain freedom
throughout the world; and
Whereas, Per capita, more citizens from West Virginia have
served in our nation's armed forces than from any other state. We
are proud of our citizens who, despite danger, have done what they must for peace and freedom; and
Whereas, Through wars, conflicts and the threat of terror,
thousands of West Virginians have paid the ultimate price for
freedom with their lives and thousands more have been wounded in
battle; and
Whereas, The Senate is proud to honor those future veterans
currently serving in harm's way in Iraq, Afghanistan and in other
countries all over the world to protect democracy from the threat
of terror; and
Whereas, It is always important that we honor the many brave
West Virginians who have faced the enemy, been wounded and even
given their lives not only for our freedom, but for freedom around
the world; therefore, be it
Resolved by the Senate:
That the Senate hereby designates Monday, February 16, 2009,
as "Veterans Visibility Day"; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Division of Veterans' Affairs.
At the request of Senator Wells, 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 McCabe, and by unanimous
consent, the remarks by Senator Wells regarding the adoption of
Senate Resolution No. 10 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 Snyder presented a petition from Danny Mills and
twenty Shenandoah Center residents, requesting an increase in
nursing home residents' personal monthly allowance.
Referred to the Committee on Health and Human Resources.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 5, Requesting Joint Committee
on Government and Finance study deer/vehicle collision.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Natural
Resources; and then to the Committee on Rules.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Chafin, Deem, Minard, Bowman,
Kessler and Oliverio.
Thereafter, at the request of Senator Edgell, and by unanimous
consent, the remarks by Senator Chafin were ordered printed in the
Appendix to the Journal.
At the request of Senator Jenkins, unanimous consent being
granted, the remarks by Senators Deem, Minard and Bowman were
ordered printed in the Appendix to the Journal.
At the request of Senator Bowman, and by unanimous consent,
the remarks by Senator Kessler were ordered printed in the Appendix
to the Journal.
At the request of Senator Prezioso, unanimous consent being
granted, the remarks by Senator Oliverio 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 17, 2009, at 11 a.m.
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