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sdj-10th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2010

TENTH DAY

____________

Charleston, W. Va., Friday, January 22, 2010

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

Prayer was offered by the Reverend Dr. Dan Hogan, Forrest Burdette Memorial United Methodist Church, Hurricane, West Virginia.
Pending the reading of the Journal of Thursday, January 21, 2010,
On motion of Senator Browning, 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 Office of the Insurance Commissioner, submitting its report on homeowners insurance rates and availability as required by chapter thirty- three, article seventeen-a, section four-c of the code of West Virginia.
Which report was received and filed with the Clerk.
The Senate proceeded to the fourth order of business.
Senator Browning, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Senate Bill No. 42, Revising Municipal Economic Opportunity Development District Act.
And,
Senate Bill No. 169, Relating to Economic Development Authority loans' criteria.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the committee on Finance.
Respectfully submitted,
Richard Browning,
Chair.
The bills, under the original double committee references, were then referred to the Committee on Finance.
Senator Browning, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Senate Bill No. 235, Relating to Creative Communities Development Pilot Program.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Richard Browning,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Economic Development pending.
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 Kessler, Edgell and Plymale:
Senate Bill No. 335--A Bill to amend and reenact section 3, chapter 171, Acts of the Legislature, regular session, 1965, relating to increasing the number of persons that may be appointed to the Marshall County Park and Recreation Board.
Referred to the Committee on Government Organization.
By Senator Bowman:
Senate Bill No. 336--A Bill to amend and reenact §20-2-5a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §20-2-5h, all relating to actions to recover possession or value of wild animals.
Referred to the Committee on Natural Resources.
By Senators Snyder, Unger and Kessler:
Senate Bill No. 337--A Bill to amend and reenact §19-23-10, §19-23-13 and §19-23-13b of the Code of West Virginia, 1931, as amended; to amend and reenact §29-22A-10 of said code; and to amend and reenact §29-22C-27 of said code, all relating to requiring all of an established $11 million Racetrack Video Lottery Fund to be transferred into the existing West Virginia Racing Commission Special Account - Unredeemed Pari-Mutuel Tickets account, to be used to pay certain current and unpaid debt payments and, when those debt obligations have been fully met, all moneys deposited in the Video Lottery Fund will fund the Workers' Compensation debt service until that debt is retired; placing certain funds in the West Virginia Racing Commission Special Account - West Virginia Greyhound Breeding Development Fund; removing a provision concerning the Thoroughbred Development Fund; eliminating a $200,000 annual payment for providing health and disability benefits to jockeys and their dependents; eliminating an obsolete provision concerning a special trust fund; providing that the Racing Commission may use current funds to pay for previously incurred obligations; requiring certain obligations be paid on an annual basis, some on a monthly basis and others on a weekly basis; certain receipts from all thoroughbred and greyhound racetracks be divided on a pro rata basis between those racetracks; and modifying a current Treasury account to include funds for greyhound adoption, spaying and neutering.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Foster, McCabe, Edgell, Oliverio, Plymale, Deem, Hall and Jenkins:
Senate Bill No. 338--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5V-9a, relating to the Emergency Medical Services Retirement System; and authorizing the purchase of previous service of eligible emergency medical service officers who transferred into the Emergency Medical Services Retirement System from the Public Employees Retirement System.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Williams and White:
Senate Bill No. 339--A Bill to amend and reenact §3-2-4a of the Code of West Virginia, 1931, as amended, relating to statewide voter registration list maintenance; and making a technical correction to that statute.
Referred to the Committee on the Judiciary.
Senators Stollings, Tomblin (Mr. President) and Williams offered the following resolution:
Senate Concurrent Resolution No. 7--Requesting the Division of Highways to name bridge number 22-3/10-1.83, located in Woodville, Lincoln County, the "Private First Class Karol Clay Memorial Bridge".
Whereas, Karol Clay was born on September 4, 1949, in Boone County, West Virginia, the son of the late Frank and Edith Clay; and
Whereas, Karol Clay, at the age of sixteen, moved to Chicago, Illinois, where he was employed by the Clark Candy Company; and
Whereas, Karol Clay suffered severe burns over a great percentage of his body due to an accident while working and was turned down by the Draft Board; and
Whereas, Karol Clay volunteered for the United States Army on November 30, 1967, where he trained at Fort Campbell and graduated in February of 1968; and
Whereas, Private First Class Karol Clay commenced a tour of duty in Vietnam on May 5, 1968; and
Whereas, Private First Class Karol Clay was mortally wounded on August 10, 1968, from fragment wounds received during hostile ground action; and
Whereas, Private First Class Karol Clay was awarded the Purple Heart for wounds received in action and The Bronze Star Medal for meritorious achievement in ground operations against hostile forces; and
Whereas, It is fitting, to honor Private First Class Karol Clay, who made the ultimate sacrifice for his country, to name bridge number 22-3/10-1.83, located in Woodville, Lincoln County, the "Private First Class Karol Clay Memorial Bridge"; therefore, be it
Resolved by the Legislature:
That the Legislature hereby requests the Division of Highways name bridge number 22-3/10-1.83, located in Woodville, Lincoln County, the "Private First Class Karol Clay 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 "Private First Class Karol Clay 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 the family of Karol Clay.
Which, under the rules, lies over one day.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 4, Requesting Joint Committee on Government and Finance study veterans' issues.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Military; and then to the Committee on Rules.
Senate Concurrent Resolution No. 5, Requesting DOH name bridge in Parsons, Tucker County, "Sheriff O. Gay Hovatter Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 6, Requesting DOH name bridge in Mingo County "Matoma C. Sansom Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until Monday, January 25, 2010, at 11 a.m.
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