sdj-24th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2009
TWENTY-FOURTH DAY
____________
Charleston, W. Va., Friday, March 6, 2009
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Father Leon Alexander, St.
Francis de Sales Catholic Church, Morgantown, West Virginia.
Pending the reading of the Journal of Thursday, March 5, 2009,
On motion of Senator K. Facemyer, 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 adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 12--Requesting the bridge that
crosses the Spruce Fork of Little Coal River at Ramage, Boone
County, West Virginia, specifically bridge number 03-20-4.83(3372)
0.01 mile west of West Virginia Route 17, be named "Sebert S. Duty
Memorial Bridge".
Referred to the Committee on Transportation and Infrastructure.
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. 14, Requiring jobs impact statement for
certain proposed legislation.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 14 (originating in the Committee
on Economic Development)--A Bill
to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §5B-2H-1, §5B-2H-2, §5B-2H-3, §5B-2H-4, §5B-2H-5,
§5B-2H-6, §5B-2H-7 and §5B-2H-8, all relating to requiring a jobs
impact statement for certain proposed legislation; rule-making
authority; and termination date of act.
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,
Richard Browning,
Chair.
The bill (Com. Sub. for S. B. No. 14), under the original
double committee reference, was then referred to the Committee on
the Judiciary.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 66, Relating to school employees' donated
personal leave days.
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,
Robert H. Plymale,
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 Education.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 127, Allowing emergency medical technicians to
administer epinephrine.
Senate Bill No. 344, Authorizing mental hygiene commissioners
sign readmission orders.
And,
Senate Bill No. 379, Clarifying pharmacists and pharmacies as health care providers.
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 the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 171, Authorizing Consolidated Public
Retirement Board promulgate legislative rule relating to refund,
reinstatement, retroactive service and loan interest factors.
Senate Bill No. 174, Authorizing Commission for the Deaf and
Hard of Hearing promulgate legislative rule relating to
establishment of required qualifications and ethical standards for
interpreters and transliterators.
Senate Bill No. 180, Authorizing Commissioner of Agriculture
promulgate legislative rule relating to animal disease control.
Senate Bill No. 183, Authorizing Commissioner of Agriculture
promulgate legislative rule relating to schedule of charges for
inspection services: Fruit.
Senate Bill No. 187, Authorizing Consolidated Public
Retirement Board promulgate legislative rule relating to Deputy Sheriff Retirement System.
Senate Bill No. 188, Authorizing Board of Accountancy
promulgate legislative rule relating to the board and rules of
professional conduct.
Senate Bill No. 189, Authorizing Department of Administration
promulgate legislative rule relating to Purchasing Division.
Senate Bill No. 222, Authorizing Board of Respiratory Care
promulgate legislative rule relating to student temporary permits.
Senate Bill No. 230, Authorizing State Tax Department
promulgate legislative rule relating to withholding or denial of
personal income tax refunds from taxpayers who owe municipal costs,
fines, forfeitures or penalties.
And,
Senate Bill No. 232, Authorizing Division of Tourism
promulgate legislative rule relating to direct advertising grants
program.
And reports the same back with the recommendation that they
each do pass; but under the original triple committee references
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bills, under the original triple committee references,
were then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 177, Authorizing Department of Administration
promulgate legislative rule relating to fair market price
determination.
Senate Bill No. 178, Authorizing Department of Administration
promulgate legislative rule relating to statewide contracts.
Senate Bill No. 211, Authorizing Division of Motor Vehicles
promulgate legislative rule relating to collection of tax on sale
of motor vehicle.
Senate Bill No. 223, Authorizing Secretary of State promulgate
legislative rule relating to administration of address
confidentiality program.
Senate Bill No. 224, Authorizing Board of Social Work
Examiners promulgate legislative rule relating to fee schedule.
Senate Bill No. 225, Authorizing State Tax Department
promulgate legislative rule relating to combined returns pursuant
to investigation by Tax Commissioner.
Senate Bill No. 227, Authorizing State Tax Department
promulgate legislative rule relating to repeal of valuation of
intangible personal property including stock accounts receivable,
stock in banks and loan associations.
Senate Bill No. 229, Authorizing State Tax Department
promulgate legislative rule relating to electronic filing and
payment of special district excise tax.
Senate Bill No. 353, Authorizing Fire Commission promulgate
legislative rule relating to standards for certification and
continuing education of municipal, county and other public building code officials, building code inspectors and plans examiners.
And,
Senate Bill No. 354, Authorizing State Fire Marshal promulgate
legislative rule relating to supervision of fire protection work.
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 the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 221, Authorizing Division of Rehabilitation
Services promulgate legislative rule relating to low vision driver
training program.
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,
Roman W. Prezioso, Jr.,
Chair.
The bill, 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. 244, Relating to restrictions for certain
retired public employees' reemployment.
And reports back a committee substitute for the same with the
following title:
Com. Sub. for Senate Bill No. 244 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §5-10-48
of the Code of West Virginia, 1931, as amended, relating to public
employees' reemployment after retirement; and providing for
restrictions for holders of elected public office.
With the recommendation that the committee substitute do pass;
but under the original triple committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill (Com. Sub. for S. B. No. 244), under the original
triple committee reference, was then referred to the Committee on
Finance.
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. 281, Creating Juvenile Services Reimbursement
Offender Fund.
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,
Jeffrey V. Kessler,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
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. 306, Increasing pipeline companies' special
license fees to Public Service Commission.
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,
Jeffrey V. Kessler,
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 the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 368, Authorizing Treasurer's Office promulgate
legislative rule relating to selection of state depositories for
receipt accounts.
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 the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary, with amendments
from the Committee on Finance pending.
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. 370, Relating to community corrections'
programs.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 370 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §62-11C-4
and §62-11C-7 of the Code of West Virginia, 1931, as amended, all
relating to community corrections fees generally; clarifying that
circuit clerks, magistrate clerks, municipal court clerks or his or
her designee are all authorized to collect certain fees imposed pursuant to this article; and permitting only a community criminal
justice board to have the authority to require the payment of a
supervisory fee by anyone participating in a community corrections
program.
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,
Jeffrey V. Kessler,
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 the Judiciary.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 435, Creating Learn and Earn Cooperative
Education Program.
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,
Robert H. Plymale,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
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 McCabe, Prezioso, Fanning, Boley, Plymale, K.
Facemyer, Wells and Minard:
Senate Bill No. 484--A Bill to amend and reenact §11-3-1,
§11-3-2a, §11-3-10, §11-3-12, §11-3-15, §11-3-19, §11-3-24,
§11-3-24a and §11-3-25 of the Code of West Virginia, 1931, as
amended; to amend said code by adding thereto thirteen new
sections, designated §11-3-15a, §11-3-15b, §11-3-15c, §11-3-15d,
§11-3-15e, §11-3-15f, §11-3-15g, §11-3-15h, §11-3-15i, §11-3-25a,
§11-3-25b, §11-3-25c and §11-3-32; to amend said code by adding
thereto a new article, designated §11-6J-1, §11-6J-2, §11-6J-3,
§11-6J-4, §11-6J-5, §11-6J-6 and §11-6J-7; and to amend and reenact
§11-10A-8, §11-10A-16 and §11-10A-19 of said code, all relating to
taxation of real and personal property for ad valorem property tax
purposes; making technical corrections in certain code sections to
conform to prior acts of the Legislature; accelerating date for
issuance of notices of increase in assessed value of real property;
updating forfeiture penalties for failure to file required property
tax reports and returns; clarifying report and return filing
requirements and accelerating due dates of such reports and returns
in order to provide property owners with greater due process;
requiring assessors to notify owners of commercial business personal property of increases in assessed values for current
assessment year by specified date; providing procedures for
property owners to protest notices of assessed valuation and obtain
appropriate adjustments from county assessors; giving Office of Tax
Appeals exclusive jurisdiction over appeals of determinations by
Tax Commissioner regarding classification and taxability of real
and tangible personal property; giving Office of Tax Appeals
concurrent jurisdiction with county boards of equalization and
review to hear appeals involving assessed value of property for ad
valorem property tax purposes; requiring county commissions to
establish arbitration process for property tax valuation issues;
specifying effective dates; providing methods for assessment of
industrial property and natural resources property; time and basis
for assessments; providing definitions; specifying form and manner
of making returns; penalties for failure to file; tentative
appraisals by Tax Commissioner and notification to taxpayers;
providing procedures for informal review of tentative appraisals;
making of final appraisals; transmitting to assessors; appeals; and
specifying effective dates.
Referred to the Committee on Finance.
By Senators Stollings, Kessler, White, Plymale, Foster, Laird
and Minard:
Senate Bill No. 485--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §16-3-4a; and to amend and reenact §18-28-6 of said
code, all relating to requiring all children who enter a public or private school for the first time, whether it be in kindergarten or
first grade, to provide adequate proof of having undergone a dental
examination by a licensed dentist; misdemeanor offense for failure
to obtain dental examination; and penalty.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Education.
By Senators Kessler, Snyder, Boley, Unger, Bowman and Yost:
Senate Bill No. 486--A Bill to amend and reenact §8-14-6 and
§8-14-17 of the Code of West Virginia, 1931, as amended, all
relating to reinstating former chiefs of police to previously held
positions within the paid police department following expiration of
term as chief; and providing for appointment of deputy chiefs of
police.
Referred to the Committee on Government Organization.
By Senators Bowman and Snyder:
Senate Bill No. 487--A Bill to amend and reenact §29-6-7 of
the Code of West Virginia, 1931, as amended, relating to the
qualifications of the Director of the Division of Personnel.
Referred to the Committee on Government Organization.
By Senators Stollings and Foster:
Senate Bill No. 488--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §16-43-1 and §16-43-2, all relating to tanning
facilities; definitions; and consent required for minor using
tanning device or facility.
Referred to the Committee on the Judiciary.
By Senators Minard, Jenkins and McCabe:
Senate Bill No. 489--A Bill to amend and reenact §31A-3-1 of
the Code of West Virginia, 1931, as amended, relating to providing
that the members of boards of banking and financial institutions
are reimbursed for actual reasonable expenses for attending
meetings in accordance of the State Purchasing Division.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Caruth and Oliverio:
Senate Bill No. 490--A Bill to authorize and empower the
county commission of Mercer County to appoint an emergency
operations center board to oversee the operation of the enhanced
emergency telephone system serving Mercer County.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Kessler and Prezioso:
Senate Bill No. 491--A Bill to amend and reenact §5-15-4 of
the Code of West Virginia, 1931, as amended, relating to requiring
that handicap restroom facilities and stalls in all public places
be constructed with two handrails or grab bars to accommodate
persons in wheelchairs and other persons who need assistance.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Minard, Helmick and McCabe:
Senate Bill No. 492--A Bill to amend and reenact §5-16-13 of
the Code of West Virginia, 1931, as amended, relating to the terms of participation in the Public Employees Insurance Agency of
dependent children and employees hired on or after July 1, 2009,
upon retirement.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Prezioso, Oliverio and Stollings:
Senate Bill No. 493--A Bill to amend and reenact §18-10A-15 of
the Code of West Virginia, 1931, as amended, relating to changing
control of the central registry for severe head injuries from the
Division of Vocational Rehabilitation to the Center for Excellence
in Disabilities.
Referred to the Committee on Health and Human Resources.
By Senator Minard:
Senate Bill No. 494--A Bill to amend and reenact §33-2-11 of
Code of West Virginia, 1931, as amended, relating to authorizing
the Insurance Commissioner to order restitution in certain cases.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senator Minard:
Senate Bill No. 495--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §33-14-6, relating to the Insurance Commissioner's
authority to permit groups, other than those specifically provided
in this article, to get life insurance policies.
Referred to the Committee on Banking and Insurance.
By Senators Yost and Prezioso:
Senate Bill No. 496--A Bill to amend and reenact §18-7A-17 of
the Code of West Virginia, 1931, as amended, relating to allowing
members of the Teachers Retirement System who are absent from
employment while serving as an officer or staff of a statewide
professional teaching association or a statewide service personnel
association to count this service towards retirement credit; and
amounts required to be paid by members for such service.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Kessler, Jenkins, Stollings and Unger:
Senate Bill No. 497--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §15-14-1, §15-14-2, §15-14-3 and §15-14-4, all relating
to the West Virginia Partnership to Promote Community Well-Being;
designating the partnership as the single state planning authority
for substance abuse prevention, intervention and recovery; setting
forth powers and duties; establishing a special revenue account;
and requesting authorization for partnership recommendations as to
certain federal grants.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Plymale, Prezioso, Kessler, Wells, Foster,
Jenkins, Stollings and Unger:
Senate Bill No. 498--A Bill to amend and reenact §18-5-44 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new article, designated §49-2E-1, §49-2E-2, §49-2E-3, §49-2E-4, §49-2E-5, §49-2E-6, §49-2E-7, §49-2E-8 and
§49-2E-9, all relating to early childhood development; early
childhood education; findings; early childhood education program
providers; use of existing sources; county collaborative plans;
annual submission for approval; creating a review board for the
purpose of receiving complaints from community-based programs;
changes to an approved county collaborative plan; implementation
waiver; reports to Legislative Oversight Commission on Education
Accountability and the Joint Committee on Government and Finance;
enrolling students less than four years of age; State Board of
Education rule; community-based programs ceasing to provide
services; community-based programs choosing to provide services
after initially electing not to; waiver of annual plan submission
requirement; quality rating and improvement system; findings,
purpose and intent; Secretary of Department of Health and Human
Resources rules; pilot projects; statewide implementation;
potential gradual implementation; program standards; levels of
quality; system participation; accountability measures;
evaluations; practitioner and outreach support; parent education
and public awareness; financial incentives; wage supports and
benefits; scholarships; professional development plans; grants;
internet-based management information system; financial assistance
for child care consumers; and ongoing quality rating and
improvement system evaluation.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator White:
Senate Bill No. 499--A Bill to amend and reenact §17C-17A-5,
§17C-17A-6, §17C-17A-9 and §17C-17A-10 of the Code of West
Virginia, 1931, as amended, all relating to the commercial
transportation of coal; providing for a new permit for coal
shippers; providing sanctions for failure to pay certain
assessments; revising methodology for calculation of administrative
sanctions and criminal penalties for excess weights; and
establishing violations relating to speeding in all specially
permitted vehicles.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Williams, Sypolt and Unger:
Senate Bill No. 500--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-14C-5a, relating to reducing the wholesale tax on
heating fuel, off-road fuel, kerosene and propane used for home
heating purposes or off-road use to four and eighty-five hundredths
percent; and an effective date of January 1, 2010.
Referred to the Committee on Finance.
By Senators Kessler and Prezioso:
Senate Bill No. 501--A Bill to amend and reenact §7-10-4 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §19-20-8 of said code, all relating to prohibiting the
euthanizing of animals by means of a gas chamber.
Referred to the Committee on the Judiciary.
By Senators Bowman, Prezioso, Sypolt and Snyder:
Senate Bill No. 502--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §5A-6B-1, §5A-6B-2, §5A-6B-3, §5A-6B-4 and §5A-6B-5, all
relating to the West Virginia Geographical Information System.
Referred to the Committee on Military; and then to the
Committee on the Judiciary.
By Senators Minard, Jenkins and McCabe:
Senate Bill No. 503--A Bill to amend and reenact §31A-8-12 and
§31A-8-12d of the Code of West Virginia, 1931, as amended, all
relating to branching procedures; and creating a definition for
"sound financial condition".
Referred to the Committee on Banking and Insurance.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 504--A Bill to amend and reenact §29-3-5b of
the Code of West Virginia, 1931, as amended, relating to the State
Building Code; and requiring the State Fire Commission to
promulgate rules pertaining to the State Building Code that are in
accordance with certain national and international building codes
and standards.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
Senators Tomblin (Mr. President) and Stollings offered the
following resolution:
Senate Concurrent Resolution No. 17--Requesting the Division of Highways name bridge number 23-119-15.31 (2647) in Logan County
the "Marine Private Robert Clayton Stephenson Memorial Bridge".
Whereas, Robert Clayton Stephenson grew up in Chapmanville,
Logan County; and
Whereas, Robert Clayton Stephenson was an honor student at
Chapmanville High School, where he was noted for his student
leadership, community service and participation in numerous school
groups and activities; and
Whereas, Robert Clayton Stephenson left his studies at West
Virginia University to enlist in the United States Marine Corps;
and
Whereas, Robert Clayton Stephenson made the ultimate sacrifice
for his country on April 23, 1967, when he was killed in action in
Quang Nam, South Vietnam; and
Whereas, It is fitting to honor Robert Clayton Stephenson for
his service to his country by naming bridge number 23-119-15.31
(2647) in Logan County the "Marine Private Robert Clayton
Stephenson Memorial Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name bridge number 23-119-15.31 (2647) in Logan County the
"Marine Private Robert Clayton Stephenson 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 "Marine Private Robert Clayton Stephenson 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 to the family of Robert
Clayton Stephenson.
Which, under the rules, lies over one day.
Senator Stollings offered the following resolution:
Senate Concurrent Resolution No. 18--
Requesting the Division
of Highways name both the northbound and southbound bridges along
U. S. 119 crossing the Little Coal River between Lincoln County and
Kanawha County, identified as bridge number 20-119-1.06 (3174), the
"Chief Master Sergeant George Wallace Hedrick, Jr., Bridge".
Whereas, George Wallace Hedrick, Jr.,
was born in Ivy Branch,
Boone County, in September, 1924, the eldest son of George W. and
Lella Hedrick; and
Whereas, The place of George's birth is located in close
proximity to said bridges crossing the Little Coal River; and
Whereas, George spent his formative years in the beautiful and
rugged mountains of West Virginia and attended East Bank High
School; and
Whereas, When the United States became a defender of democracy
during World War II, George became one of many proud West
Virginians who served his country and enlisted in the United States
Army Air Corps (which eventually became the United States Air
Force) on March 28, 1943; and
Whereas, George had an exemplary career as a pilot of both B-24 and B-29 bombers. He rose from Private First Class to Chief
Master Sergeant and served in such capacity throughout the world
from Frankfurt, Germany, to Tokyo, Japan; and
Whereas, George retired from the United States Air Force with
honors from his country on June 1, 1964; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name both
the northbound and southbound bridges along U. S. 119 crossing the
Little Coal River between Lincoln County and Kanawha County,
identified as bridge number 20-119-1.06 (3174), the "Chief Master
Sergeant George Wallace Hedrick, Jr., Bridge"
; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying said bridges
as the "Chief Master Sergeant George Wallace Hedrick, Jr., 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 to George Wallace Hedrick, Jr.
Which, under the rules, lies over one day.
Senators Jenkins and Plymale offered the following resolution:
Senate Concurrent Resolution No. 19--
Requesting the Division
of Highways name bridge number 06-10-1.38 (2911) on State Route 10
in Salt Rock, West Virginia, the "SGT Daniel Pesimer Memorial
Bridge".
Whereas, Sergeant Daniel Pesimer was born on February 6, 1942,
to Thomas R. Pesimer and Thelma Blair; and
Whereas, Sergeant Daniel Pesimer enlisted with the United
States Marine Corps in 1965 and his tour of duty in South Vietnam
began on May 19, 1966; and
Whereas, Sergeant Daniel Pesimer was killed in Thua Thien,
South Vietnam, in a helicopter crash on March 31, 1968; and
Whereas, Having honorably served in the United States Marine
Corps and having given the ultimate sacrifice for his country, his
state and fellow man, we are compelled to ensure that future
generations are aware of Sergeant Daniel Pesimer's commitment to
the cause of freedom; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 06-10-1.38 (2911) on State Route 10 in Salt Rock,
West Virginia, the "SGT Daniel Pesimer Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested
to have made and be placed signs identifying the bridge as the "SGT
Daniel Pesimer 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 Sergeant Daniel Pesimer's
family.
Which, under the rules, lies over one day.
Senators Jenkins and Plymale offered the following resolution:
Senate Resolution No. 22--
Recognizing Anastacia Meadows on
winning the 2009 Prudential Spirit of Community Award.
Whereas, Anastacia Meadows, an esteemed resident of Huntington, West Virginia, and a junior at Cabell Midland High
School in Ona, West Virginia, has achieved national recognition for
exemplary volunteer service by receiving the 2009 Prudential Spirit
of Community Award; and
Whereas, This prestigious award, presented by Prudential
Financial in partnership with the National Association of Secondary
School Principals to two youth volunteers in each state, honors
young volunteers across America who have demonstrated an
extraordinary commitment to serving their communities; and
Whereas, Ms. Meadows earned this award by giving generously of
her time and energy to promoting recycling in her school and
community by establishing a recycling program, founding a school
environmental club and participating in community events; and
Whereas, When Anastacia saw a garbage truck haul away a huge
amount of newspapers from her school one morning, she obtained
permission from school officials to launch a classroom paper
recycling program, which soon expanded to Barboursville Library and
local businesses; and
Whereas, After Anastacia participated in a community recycling
forum, Goodwill Industries agreed to place two permanent bins at
her high school; and
Whereas, Anastacia also founded an "eco-club", the second
largest club in her high school, that works on environmental
projects as well as collecting pet supplies for an animal rescue
center and pop tabs for Ronald McDonald House; and
Whereas, The success of the State of West Virginia, the strength of our communities and the overall vitality of American
society depends upon the dedication of our young people like Ms.
Meadows who use their considerable talents and resources to serve
others; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes Anastacia Meadows on winning
the 2009 Prudential Spirit of Community Award; and, be it
Further Resolved, That the Senate extends best wishes for her
continued success and happiness; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to Anastacia Meadows and her family.
Which, under the rules, lies over one day.
Senators Chafin, Fanning, Oliverio and Caruth offered the
following resolution:
Senate Resolution No. 23--
Commemorating the life of Thomas A.
Colley, gentleman, civic leader and journalist.
Whereas, Thomas A. Colley of Bluefield, the executive editor
of the Bluefield Daily Telegraph and respected community volunteer,
died on January 10, 2009; and
Whereas, A native of Garden, Virginia, Thomas Colley was born
on May 18, 1941, to Leona Fletcher Colley and Thomas J. Colley; and
Whereas, Thomas Colley attended Garden High School and then
proudly served in the United States Air Force for several years
before attending San Antonio Junior College and the University of
Maryland; and
Whereas, Thomas Colley began his newspaper career with the Auburn Evening Star in Auburn, Indiana, before returning home to
work at the Sunset News-Observer in Bluefield and the Tazewell Free
Press in Richlands; and
Whereas, Thomas Colley then accepted a job as a copy editor
with the Bluefield Daily Telegraph in 1974 and became managing
editor before he went to the Charleston News & Courier in South
Carolina; and
Whereas, Known for his journalistic integrity, Thomas Colley
returned to the Bluefield Daily Telegraph in 1985 as the executive
editor, a position he held until his death; and
Whereas, An exemplary leader, Thomas Colley loved his
community and region and worked diligently to bring improvements to
West Virginia; and
Whereas, Believing that children were the future of the
region, Thomas Colley was a member of the original Southern
Coalfields Delegation of America's Promise that laid the groundwork
for the region receiving the Top 100 Communities for Youth
Designation; and
Whereas, Thomas Colley generously gave of his time and talents
as chairman of the Community Christmas Tree, which provided
Christmas gifts to children in need, and of the Literacy Committee
of the Greater Bluefield Chamber of Commerce, which instituted a
program known as the Reading Bee to encourage children and youth to
read; and
Whereas, Thomas Colley also served as the organizer of the
Chicory Square Concert Series, as a member of the Bluefield Rotary Club and as the Chairman of the Board of Directors of the Center
for International Understanding; and
Whereas, An award-winning journalist, Thomas Colley won many
awards of excellence from the West Virginia Press Association, the
Adam R. Kelly Premier Journalist Award from the Press Association,
the Distinguished Citizen Award from Bluefield's Riley-Vest Post
No. 9 of the American Legion and the Distinguished West Virginian
Award from Governor Joe Manchin; and
Whereas, While Thomas Colley will be missed by his loving wife
of 39 years, Frances; their two sons Kevin and Eric and their
families; and his numerous friends and admirers, he leaves behind
not only a legacy of service but a brighter future for Bluefield
and West Virginia; therefore, be it
Resolved by the Senate:
That the Senate hereby commemorates the life of Thomas A.
Colley, gentleman, civic leader and journalist; and, be it
Resolved Further, That the Clerk is hereby directed to forward
a copy of this resolution to the family of Thomas A. Colley.
Which, under the rules, lies over one day.
Senators Yost, Unger, Bowman, Edgell, Laird, White, Barnes,
Boley, Green, Oliverio, Snyder, D. Facemire, Minard, Chafin,
Palumbo, Kessler, Williams, Foster, Prezioso, Fanning, Jenkins and
Stollings offered the following resolution:
Senate Resolution No. 24--
Expressing the will of the Senate
regarding economic recovery plan spending.
Whereas, The economic downturn is having a critical impact on everyday Americans who are struggling to maintain or find jobs in
an increasingly difficult environment; and
Whereas, Those same Americans are the taxpayers who provide
the revenue needed to operate essential government services; and
Whereas, Congress and President Obama are planning a taxpayer-
sponsored economic recovery package that will provide billions of
dollars to help economically devastated cities and states
immediately provide jobs to millions of out-of-work Americans
through considerable infrastructure rebuilding, green energy
projects and other projects that will require manufactured
components; and
Whereas, Any domestically produced products that are purchased
with economic recovery plan moneys will immediately help struggling
American families and will help stabilize our greater economy; and
Whereas, Any economic recovery plan spending should--to every
extent possible--include a commitment from the State of West
Virginia to buy materials, goods and services for projects from
companies producing within the United States, thus employing the
very workers that pay taxes for the economic recovery plan spending
in the first place; therefore, be it
Resolved by the Senate:
That the Senate hereby expresses its will regarding economic
recovery plan spending; and, be it
Further Resolved, That the State of West Virginia will work to
maximize the creation of American jobs and restore economic growth
and opportunity by spending economic recovery plan funds on products and services that both create jobs and help keep Americans
employed; and, be it
Further Resolved, That the state should commit to purchasing
only products and services that are made or performed in the United
States of America whenever and wherever possible with any economic
recovery moneys provided to the State of West Virginia by the
American taxpayers; and, be it
Further Resolved, That as Senators, we commit to publish any
requests to waive these procurement priorities so as to give
American workers and producers the opportunity to identify and
provide the American products and services that will maximize the
success of our nation's economic recovery program.
Which, under the rules, lies over one day.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 253, Relating to certain
sexual offenses by or against inmates.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 253) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 263, Disclosing certain
inmates' personal communications.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 263) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 294, Defining criminal
offense of incapacitated person's abuse or neglect.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Committee Substitute for
Senate Bill No. 294 pass?"
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 294) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator White, and by unanimous
consent, the remarks by Senator Laird regarding the passage of
Engrossed Committee Substitute for Senate Bill No. 294
were ordered
printed in the Appendix to the Journal.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 284, Relating to Viatical
Settlements Act.
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. 339, Exempting certain licensed medical professionals from county hiring prohibition.
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. 405, Relating to grandparents'
visitation.
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.
The following bills on first reading, coming up in regular
order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Bill No. 243, Relating to issuing general
obligation bonds.
Senate Bill No. 251, Authorizing issuance of revenue bonds for
public projects.
Senate Bill No. 262, Removing prohibition against using
county's General Revenue Fund for historic preservation.
Com. Sub. for Senate Bill No. 277, Requiring Tax Commissioner
create single dwelling residential housing index.
Senate Bill No. 329, Updating terms in Personal Income Tax
Act.
And,
Senate Bill No. 410, Updating terms in Corporation Net Income
Tax Act.
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 Deem, Kessler and Hall.
Thereafter, at the request of Senator Caruth, and by unanimous
consent, the remarks by Senators Deem and Hall were ordered printed
in the Appendix to the Journal.
At the request of Senator Yost, unanimous consent being
granted, the remarks by Senator Kessler 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
Monday, March 9, 2009, at 11 a.m.
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