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Senate Journal


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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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