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sdj-27th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2010

TWENTY-SEVENTH DAY

____________

Charleston, W. Va., Monday, February 8, 2010

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

Prayer was offered by Dr. Frank Frye, Madison United Methodist Church, Madison, West Virginia.
Pending the reading of the Journal of Friday, February 5, 2010,
On motion of Senator Green, 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. 2--Requesting the Division of Highways to name the bridge in French Creek on State Route 20, bridge number 49-20-16.02, as the "Sergeant Billy W. Rapp, U.S. Army Memorial Bridge".
Referred to the Committee on Transportation and Infrastructure.
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. 11--Requesting the Division of Highways erect two signs on I-79 when entering Marion County honoring two West Virginia football legends, Sam Huff and Frank "Gunner" Gatski that read "Home of Football Hall of Fame Members Frank 'Gunner' Gatski and Sam Huff".
Referred to the Committee on Transportation and Infrastructure.

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. 14--Declaring that the month of May be proclaimed as Lyme Disease Awareness Month beginning in 2010.
Referred to the Committee on Government Organization.
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. 17--Requesting the Division of Highways to name bridge number 52-20/14-0.80 on Main Street in Pine Grove, Wetzel County, the "Freda Bell 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. 16, Creating WV Manufacturing Competitiveness and Growth Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 16 (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 §11-13AA-1, §11-13AA-2, §11-13AA-3, §11-13AA-4, §11- 13AA-5, §11-13AA-6, §11-13AA-7, §11-13AA-8 and §11-13AA-9; and to amend said code by adding thereto a new section, designated §11-24- 9d, all relating to taxation; providing a phased-in allowance of credits against corporation net income tax and personal income tax for payments in this state of ad valorem property tax on certain industrial tangible personal property consisting of machinery and equipment; and allowing a transitional credit against the portion of a taxpayer's corporation net income tax relating to the change to combined reporting, with the amount of the credit being measured by the taxpayer's payments in this state of ad valorem property tax on certain industrial tangible personal property consisting of machinery and equipment.
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,
Richard Browning,
Chair.
The bill (Com. Sub. for S. B. No. 16), under the original double committee reference, was 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. 41, Relating to community enhancement districts.
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,
Richard Browning,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Wells, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 51, Relating to child custody plans for National Guard or military reserve parents.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 51 (originating in the Committee on Military)--A Bill
to amend and reenact §48-9-205 of the Code of West Virginia, 1931, as amended, relating to requiring a permanent parenting plan to contain a provision concerning the custody of a child if either parent, as a member of the National Guard, a reserve component or an active duty component, is mobilized, deployed or called to active duty.
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,
Erik P. Wells,
Chair.
The bill (Com. Sub. for S. B. No. 51), under the original double committee reference, was then referred to the Committee on the Judiciary.
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. 350, Recategorizing recycled energy as renewable energy resource.
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.
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 Economic Development.
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 Bowman, Unger, Plymale and Stollings:
Senate Bill No. 500--A Bill to amend and reenact §11-21-12d of the Code of West Virginia, 1931, as amended, relating to additional modifications reducing federal adjusted gross income for state personal income tax; and providing that the reduction for certain retirees is extended until January 1, 2015.
Referred to the Committee on Finance.
By Senators Williams, Plymale, Stollings and Sypolt:
Senate Bill No. 501--A Bill to amend and reenact §48-5-510 of the Code of West Virginia, 1931, as amended; to amend and reenact §48-7-101 of said code; and to amend and reenact §48-8-103 and §48- 8-105 of said code, all relating to excluding disability income received by a veteran from the United States Department of Veterans' Affairs for service-related injuries from any calculation used to determine spousal support.
Referred to the Committee on the Judiciary.
By Senators Williams, Caruth, Plymale, Chafin and Sypolt:
Senate Bill No. 502--A Bill to amend and reenact §22-1-6 of the Code of West Virginia, 1931, as amended, relating to requiring all final actions by the Department of Environmental Protection regarding coal mine permits to be completed within six months after the applicant provides all information required for a final decision to be made on said application for a coal mining permit.
Referred to the Committee on Energy, Industry and Mining.
By Senator Edgell and Kessler:
Senate Bill No. 503--A Bill to amend and reenact §9A-1-10 of the Code of West Virginia, 1931, as amended, relating to reducing the per diem rate from $75 to $50 for volunteers who transport veterans to veterans hospitals or home.
Referred to the Committee on Military; and then to the Committee on Finance.
By Senators K. Facemyer and Sypolt:
Senate Bill No. 504--A Bill to amend and reenact §21-1B-2 and §21-1B-3 of the Code of West Virginia, 1931, as amended, all relating to verifying legal employment status of workers; providing new definitions; requiring employers to register with and utilize the electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, Public Law 104-208, Division C, Section 403(a), 8 U. S. C. Section 1324a, and operated by the United States Department of Homeland Security, known as the E-Verify Program; and providing dates by which employers are to meet the verification requirements.
Referred to the Committee on Labor; and then to the Committee on the Judiciary.
By Senator Fanning:
Senate Bill No. 505--A Bill to amend and reenact §19-1B-3, §19-1B-4, §19-1B-5, §19-1B-7, §19-1B-11 and §19-1B-12a of the Code of West Virginia, 1931, as amended, all relating to updating the Logging Sediment Control Act; providing exclusion for ten acres or less of privately owned land; establishing biennial licensure and fee; and making technical corrections.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.
By Senators Foster and Unger:
Senate Bill No. 506--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-54; and to amend and reenact §15-2A-16 of said code, all relating to State Police; imposing criminal penalties for attempting to falsify records to defraud the West Virginia State Police Death, Disability and Retirement Fund; and requiring repayment of any additional benefits received as a result of fraudulent actions under the West Virginia State Police Death, Disability and Retirement Fund and the West Virginia State Police Retirement System.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators K. Facemyer, Caruth, Stollings and Sypolt:
Senate Bill No. 507--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13AA-1, §11-13AA-2, §11-13AA-3, §11-13AA-4, §11- 13AA-5, §11-13AA-6, §11-13AA-7, §11-13AA-8, §11-13AA-9, §11-13AA- 10, §11-13AA-11, §11-13AA-12, §11-13AA-13 and §11-13AA-14; to amend and reenact §22A-1-4 of said code; and to amend and reenact §22A- 11-3 of said code, all relating to providing a tax credit for purchase of innovative mine safety technology; specifying short title; specifying legislative findings and purpose; specifying definitions; specifying requirements for list of approved innovative mine safety technology; specifying amount of tax credit allowed; specifying criteria for qualified investment; specifying forfeiture of unused tax credits; specifying treatment for transfer of certified eligible safety property to successors; setting forth requirements for identification of investment credit property; prescribing treatment for failure to keep records of certified eligible safety property; specifying tax credit review and accountability requirements; specifying requirement for disclosure of tax credits; authorizing issuance of rules; amending the duties of the Director of the West Virginia Office of Miners' Health, Safety and Training; and amending the duties of the Mine Safety Technology Task Force.
Referred to the Committee on Economic Development; and then to the Committee on Finance.
By Senators Fanning and Unger:
Senate Bill No. 508--A Bill to amend and reenact §19-1A-3 of the Code of West Virginia, 1931, as amended, relating to transfer of certain powers from the Division of Natural Resources to the Division of Forestry; creating the Office of the Director of the Division of Forestry; permitting the Division of Forestry to sell timber; setting forth the requirements of timber sales; permitting the Division of Forestry to assist in timber sales by private landowners provided the landowner pays the costs of the division's assistance; and establishing a cooperative agreement between the Division of Forestry and the Division of Natural Resources.
Referred to the Committee on Natural Resources; and then to the Committee on Government Organization.
By Senators K. Facemyer, Caruth and Williams:
Senate Bill No. 509--A Bill to amend and reenact §22-1-8 of the Code of West Virginia, 1931, as amended, relating to the Department of Environmental Protection; and requiring the supervisory officers of the offices within the Department of Environmental Protection to monitor litigation challenging state statutes affecting the production of natural resources in West Virginia.
Referred to the Committee on Natural Resources; and then to the Committee on Energy, Industry and Mining.
By Senators Fanning and Unger:
Senate Bill No. 510--A Bill to amend and reenact §20-2-42 of the Code of West Virginia, 1931, as amended, relating to indexing Division of Natural Resources license and stamp fees; and making technical corrections.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.
By Senator Fanning:
Senate Bill No. 511--A Bill to amend and reenact §20-2-21 of the Code of West Virginia, 1931, as amended, relating to Castor canadensis, or beaver, trapping and tagging of pelts.
Referred to the Committee on Natural Resources.
Senators Deem, Jenkins, Unger, Minard, Kessler, Plymale, Chafin, Stollings, Foster and Sypolt offered the following resolution:
Senate Resolution No. 19--Congratulating Erica Jade Goldsmith for being crowned the 2010 Miss West Virginia USA.
Whereas, Erica Jade Goldsmith is a resident of Mineral Wells, West Virginia, and is the daughter of David and Malinda Goldsmith; and
Whereas, Erica Jade Goldsmith is an alumna of Parkersburg South High School and attended West Virginia University as a PROMISE scholar; and
Whereas, Erica Jade Goldsmith graduated cum laude from West Virginia University, earning her degree in Journalism; and
Whereas, Erica Jade Goldsmith is an active volunteer with numerous organizations, including the American Cancer Society, Habitat for Humanity and the Susan G. Komen for the Cure Foundation; and
Whereas, Erica Jade Goldsmith was selected Miss West Virginia USA 2010 during following a three-day pageant; and
Whereas, Erica Jade Goldsmith will represent the State of West Virginia as a contestant in the Miss USA pageant in April 2010, in Las Vegas; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates Erica Jade Goldsmith on being crowned the 2010 Miss West Virginia USA; and, be it
Further Resolved, That the Senate wishes her the best of luck as she represents the great state of West Virginia in the Miss USA pageant; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Erica Jade Goldsmith.

At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and proceeded to the seventh order of business.
Senate Concurrent Resolution No. 17, Requesting Joint Committee on Government and Finance study capital improvements' funding sources for Chesapeake Bay nutrient removal requirements.
On unfinished . business, coming up in regular order, was reported by the Clerk and referred to the Committee on the Judiciary; and then to the Committee on Rules.
Senate Concurrent Resolution No. 18, Requesting Joint Committee on Government and Finance study prevailing wage laws' economic impact.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Labor; and then to the Committee on Rules.
Senate Concurrent Resolution No. 19, Requesting Joint Committee on Government and Finance study forensic services.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Health and Human Resources; and then to the Committee on Rules.
Senate Concurrent Resolution No. 20, Reasserting WV's sovereignty under Tenth Amendment.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on the Judiciary.
Senate Concurrent Resolution No. 21, Requesting DOH name bridge in Kanawha County "Private First Class Charles M. Conner 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. 22, Requesting Joint Committee on Government and Finance study coal industry tax burden.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Finance; and then to the Committee on Rules.
Senate Resolution No. 17, Encouraging judicial circuits and county boards of education implement new approach to truancy.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Senate Resolution No. 18, Requesting Senate substance abuse study committee review relationship between substance abuse and dropouts.
On unfinished business, coming up in regular order, was reported by the Clerk.
On motion of Senator Chafin, the resolution was then referred to the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 381, Regulating ability of Division of Banking employees to obtain certain loans.
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, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 381) passed.
The following amendment to the title of the bill, from the Committee on Banking and Insurance, was reported by the Clerk and adopted:
Eng. Senate Bill No. 381--A Bill to amend and reenact §31A-4- 26 of the Code of West Virginia, 1931, as amended, relating to prohibiting employees of the Division of Banking from borrowing money from a depository or nondepository institution chartered or licensed by the division if the employee takes regulatory action involving the institution; and prohibiting the commissioner, deputy commissioner and in-house counsel of the division from borrowing money from any entity that is under the jurisdiction of the division.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Senate Bill No. 405, Authorizing DEP promulgate legislative rule relating to oil and gas wells and other wells.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
On page two, section one, line four, after the word "authorized" by striking out the period and adding the following: with the following amendment:
On page twenty-five, subdivision 16.4.d., by striking out the words "authorized by the Office, based on soil analysis from the operator, to be suitable to prevent seepage or leakage" and inserting in lieu thereof the words "deemed to be suitable to prevent seepage or leakage based on soil analysis from the operator and standards developed and certified by a registered professional engineer and approved by the Office".
The bill (S. B. No. 405), as amended, was then ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 380, Expanding animal fighting prohibitions.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 420, Denying certain retired troopers from carrying handguns.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 499, Changing names of certain community and technical colleges.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
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 Senator Foster.
On motion of Senator Chafin, leaves of absence for the day were granted Senators Caruth and Oliverio.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, February 9, 2010, at 11 a.m.
____________

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