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Senate Journal


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sdj-30th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2009

THIRTIETH DAY

____________

Charleston, W. Va., Thursday, March 12, 2009

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

Prayer was offered by Pastor Allen Stewart, Milton Baptist Church, Milton, West Virginia.
Pending the reading of the Journal of Wednesday, March 11, 2009,
On motion of Senator Guills, 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 concurrence by that body in the passage, to take effect from passage, of
Eng. Senate Bill No. 403, Making supplemental appropriation from State Road Fund to Department of Transportation.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2404--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-20-5f, relating to reimbursement to the regional jail authority for medical services provided to persons held in regional jails.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2539--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-1B-1, §30-1B-2 and §30-1B-3, all relating to authorizing professional licensing boards to combine administrative staff functions; requiring consultation with the office of the Attorney General; requiring memoranda of understanding; and authorizing emergency rules.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2684--A Bill to amend and reenact §61-11-22 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §62- 15-1, §62-15-2, §62-15-3, §62-15-4, §62-15-5, §62-15-6, §62-15-7, §62-15-8, §62-15-9, §62-15-10, §62-15-11, §62-15-12 and §62-15-13, all relating to the enactment of the "West Virginia Drug Offender Accountability and Treatment Act"; removing conflicting provisions related to drug court from the code; explaining the policy and goals of the Act; authorizing drug courts; providing for the structure of drug courts; authorizing drug court teams; establishing eligibility requirements for drug courts; providing treatment and services to participants; establishing drug testing procedures; providing for oversight and rule-making authority of the supreme court of appeals; collecting and maintaining information on drug court candidates and participants; funding; providing for immunity from liability; and establishing the manner in which the Act is to be construed.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2719--A Bill to amend and reenact §11-16-3 of the Code of West Virginia, 1931, as amended, relating to "nonintoxicating beer"; defining "nonintoxicating craft beer"; including "nonintoxicating craft beer" with the definition of "nonintoxicating beer"; and increasing the maximum alcohol level in the stated definition of "nonintoxicating beer".
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2009, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2801--A Bill to amend and reenact §30-3-7 of the Code of West Virginia, 1931, as amended, relating to updating language and making technical changes clarifying that the Board of Medicine is an autonomous board which may hire its employees at the board's will and pleasure; and providing for continuation of employment and coverage under the classified service of the Division of Personnel for current employees.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
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. 27--Requesting the Division of Highways to name the bridge on County Route 7 at Capels, in McDowell County, number 24-7-12.17 the "Eugene Collins Memorial Bridge".
Referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the fourth order of business.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 8, Requiring certain nonprofit directors and board members attend training.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 8 (originating in the Committee on Government Organization)--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31E-8-813, relating to requiring directors and members of the boards of directors of nonprofit corporations which receive funding from the State of West Virginia or the federal government to attend training; training provided by Auditor; and reimbursement for reasonable expenses.
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,
Edwin J. Bowman,
Chair.
The bill (Com. Sub. for S. B. No. 8), under the original double committee reference, was then referred to the Committee on Finance.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 256, Providing additional requirements for certain property annexation.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 256 (originating in the Committee on Government Organization)--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-6- 4a; and to amend and reenact §8A-7-2 of said code, all relating to urban growth boundaries ; definitions; providing new procedures for annexation without election and annexation by minor boundary adjustment for municipalities in growth counties that have an adopted countywide zoning ordinance which includes urban growth boundaries; setting requirements; and permitting urban growth boundaries in zoning ordinances.
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,
Edwin J. Bowman,
Chair.
The bill (Com. Sub. for S. B. No. 256), 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. 276, Imposing statute of limitations on certain real property civil actions.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 276 (originating in the Committee on the Judiciary)--A Bill
to amend and reenact §55-2-6a of the Code of West Virginia, 1931, as amended, relating to imposing a statute of limitations on the bringing of any civil action derived from the actual surveying of real property more than ten years after the performance of the services is accepted.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 335, Authorizing Division of Culture and History distribute fairs and festivals' funding.
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,
Edwin J. Bowman,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 336, Changing failure to wear seatbelt to primary offense.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 404, Creating sesquicentennial commission and fund.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 404 (originating in the Committee on Government Organization)--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-13-1, §4-13-2, §4-13-3, §4-13-4, §4-13-5, §4-13-6 and §4-13-7, all relating to establishing the West Virginia Sesquicentennial Commission and fund; membership; meetings; powers and duties of the commission; and termination of the commission.
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,
Edwin J. Bowman,
Chair.
The bill (Com. Sub. for S. B. No. 404), under the original double committee reference, was then referred to the Committee on Finance.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 418, Relating to municipal fees.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 418 (originating in the Committee on Government Organization)--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-13-13a, relating to requirements for municipalities when they implement or increase a municipal fee.
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,
Edwin J. Bowman,
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 Government Organization.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 428, Eliminating Division of Personnel Director's statutorily set salary.
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,
Edwin J. Bowman,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Green, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Bill No. 454, Reporting certain geological information obtained incidental to oil and gas drilling.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 454 (originating in the Committee on Energy, Industry and Mining)--A Bill
to amend and reenact §22-6-22 of the Code of West Virginia, 1931, as amended, relating to the reporting of certain geologic information obtained incidental to oil and gas drilling; requiring the filing of reports with the Department of Environmental Protection and the State Geological and Economic Survey; providing for the delivery of core samples and well cuttings to the State Geological and Economic Survey; and assuring the confidentiality of reports and other information provided.
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,
Mike Green,
Chair.
The bill (Com. Sub. for S. B. No. 454), under the original double committee reference, was then referred to the Committee on Finance.
Senator Green, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Bill No. 461, Extending selenium effluent limits compliance time.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 461 (originating in the Committee on Energy, Industry and Mining)--
A Bill to amend and reenact §22-11-6 of the Code of West Virginia, 1931, as amended, relating to extending the time for compliance with selenium effluent limits.
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,
Mike Green,
Chair.
The bill (Com. Sub. for S. B. No. 461), under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 466, Clarifying Division of Personnel's functions.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 487, Relating to Division of Personnel Director's qualifications.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
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 Senator White:
Senate Bill No. 553--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §31-21-1 and §31-21-2, all relating to the creation of the Good Coal Company Neighbor Act; and requiring coal companies that have mining operations in a county to provide coal, at the prevailing wholesale rate, to residents of that county.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senators Kessler, Bowman and Plymale:
Senate Bill No. 554--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-12-2c, relating to requiring sex offenders to pay a fee which is to be deposited into the State Police Retirement Fund.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Minard, Stollings and D. Facemire:
Senate Bill No. 555--A Bill to amend and reenact §60-6-1 and §60-6-6 of the Code of West Virginia, 1931, as amended, all relating to state control of alcoholic liquors; and allowing owners of warehouses which are customs bonded warehouses or such other warehouses which are approved by the Alcohol Beverage Control Commissioner to store and transport into, out of and within the state alcoholic liquors, wine, beer or nonintoxicating beer not held or intended for retail or use within the state.
Referred to the Committee on Government Organization.
By Senators White and Stollings:
Senate Bill No. 556--A Bill to amend and reenact §17B-3-6 of the Code of West Virginia, 1931, as amended, relating to providing that if a licensee has been notified of a pending thirty-day driver's license suspension based on the accumulation of twelve or thirteen points, the licensee may submit proof of completion of an approved defensive driving course to deduct three points and rescind the pending license suspension.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senator Plymale:
Senate Bill No. 557--A Bill to amend and reenact §18-5-1a of the Code of West Virginia, 1931, as amended, relating generally to the eligibility requirements of candidates for, members-elect to and members of county school boards; prohibiting certain political activities; clarifying which political activities are permissible; making technical changes for purposes of codifying current law in more succinct manner; and clarifying that candidates for school board may hold public office until such time that they take the oath of office for county school board.
Referred to the Committee on Education; and then to the Committee on the Judiciary.
By Senators Jenkins, K. Facemyer, Green, Oliverio, Caruth, Foster, Barnes, Williams, Stollings and Guills:
Senate Bill No. 558--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §55-7E-1, §55-7E-2, §55-7E-3, §55-7E-4 and §55-7E-5, all relating to filing of claims for asbestos; disclosures regarding existing and anticipated claims involving asbestos bankruptcy trusts; defendants' rights in asbestos action to require claimant to show cause regarding additional bankruptcy trust claims; certification of cause of action by court; discovery of materials from bankruptcy trusts; value of trust claims; sanctions for noncompliance; and rights of setoff.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators McCabe, Browning, Green, Stollings and D. Facemire:
Senate Bill No. 559--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-7-1, §5B-7-2, §5B-7-3, §5B-7-4, §5B-7-5 and §5B-7-6, all relating to the creation of the Governor's Commission on the Reorganization of Tamarack; setting forth legislative findings and purposes of the bill; setting forth the members and officers of the commission; setting the compensation and the funding for the expenses of the commission; stating the powers and duties of the commission; requiring the commission to report to the Joint Committee on Government and Finance and the Governor; and providing for the termination of the commission.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Laird, Stollings, Foster and White:
Senate Bill No. 560--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17B-3-14, relating to motor vehicle driver's license; cancellation, suspension or revocation of licenses; and establishing a driver's license restoration program.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Sypolt, Bowman, Snyder, Yost, White, Prezioso and D. Facemire:
Senate Bill No. 561--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-2-8; and to amend and reenact §30-13A-36 of said code, all relating to surveyors; and requiring each county surveyor of lands to be a licensed surveyor after a date certain.
Referred to the Committee on Government Organization.
By Senator Barnes:
Senate Bill No. 562--A Bill to amend and reenact §36-1-3 of the Code of West Virginia, 1931, as amended, relating to requiring all contracts for the sale or lease of real property over five acres to state with specificity the estate being transferred and the estate, if any, being reserved.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senators D. Facemire, Green, Deem, McCabe, Foster, Kessler, Stollings and Plymale:
Senate Bill No. 563--A Bill to amend and reenact §22-3-8 of the Code of West Virginia, 1931, as amended, relating to environmental permitting of surface coal mining; and correcting antiquated language with respect to the state agencies charged with cooperating with the Department of Environmental Protection to ensure that permit applicants comply with certain fiscal and reporting requirements imposed by the state's unemployment compensation and workers' compensation laws.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senators Caruth, Snyder, Williams and Deem:
Senate Bill No. 564--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; and then to the Committee on the Judiciary.
By Senator Barnes:
Senate Bill No. 565--A Bill to amend and reenact §50-1-9a of the Code of West Virginia, 1931, as amended, relating to creating four part-time magistrate court deputy clerk positions.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Browning, Plymale, Foster, Prezioso, Stollings, Edgell, Unger, Barnes and Guills:
Senate Bill No. 566
--A Bill to amend and reenact §18-9A-24 of the Code of West Virginia, 1931, as amended, relating to adding professional student support personnel to the foundation allowance for the Public Employees Insurance Agency for school employees; and requiring the annual contribution established by the Public Employees Insurance Agency Finance Board of any proportionate share of the retirees' subsidy be added to insurance premiums.
Referred to the Committee on Education; then to the Committee on Pensions; and then to the Committee on Finance.
By Senator Barnes:
Senate Bill No. 567--A Bill to amend and reenact §50-1-1 of the Code of West Virginia, 1931, as amended, relating to electing magistrates by division.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senator White:
Senate Bill No. 568
--A Bill to amend and reenact §22-11-8 of the Code of West Virginia, 1931, as amended, relating to the Water Pollution Control Act; prohibiting new permits or modifications of existing permits for underground injection of coal slurry; and requiring submission of certain studies to the Legislature.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senators Foster and White:
Senate Bill No. 569--A Bill to amend and reenact §18-7D-5 and §18-7D-6 of the Code of West Virginia, 1931, as amended, all relating to service credit in State Teachers Retirement System following transfer; changing the last date the Consolidated Public Retirement Board will accept completed loan applications for payment of actuarial reserve to June 30, 2009; and extending payment deadline until the loan process is completed and approved by the board.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Bowman, Minard, Yost, Plymale, Kessler, Edgell, Browning, Laird, Snyder, Green, D. Facemire, Hall, K. Facemyer and White:
Senate Bill No. 570
--A Bill to repeal §30-8-2a and §30-8-2b of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-8-2 and §30-8-3 of said code, all relating to the practice of optometry; repealing existing provisions regarding prescriptive and expanded prescriptive authority; authorizing certain surgical procedures included in the curriculum of accredited schools of optometry, the dispensing of optical lenses, prescriptive drugs and other practices included in the curriculum of accredited schools of optometry or approved continuing education course; and requiring the West Virginia Board of Optometry to promulgate legislative rules establishing the limitation of practice and drug formularies for optometrists in this state.
Referred to the Committee on Health and Human Resources; and then to the Committee on Government Organization.
By Senators Caruth, Jenkins and Guills:
Senate Bill No. 571--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §55-7E-1, §55-7E-2, §55-7E-3, §55-7E-4, §55-7E-5, §55- 7E-6, §55-7E-7, §55-7E-8, §55-7E-9 and §55-7E-10, all relating to establishing the Punitive Damages Standards Act; legislative findings; defining terms; punitive damage pleading requirements; procedure for award of punitive damages; proof required for punitive damages; punitive damage limitations; and effective date.
Referred to the Committee on the Judiciary.
By Senator Bowman:
Senate Bill No. 572
--A Bill to repeal §5A-1-10 of the Code of West Virginia, 1931, as amended, relating to abolishing the Public Employee Leave Benefit Analysis Board.
Referred to the Committee on Government Organization.
By Senators Bowman and Snyder:
Senate Bill No. 573--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-3C-8a; and to amend and reenact §16-29B-8 of said code, all relating to terminating the West Virginia Pharmaceutical Cost Management Council on July 1, 2009; and transferring oversight of the prescription drug advertising expense reporting rule to the Health Care Authority.
Referred to the Committee on Government Organization.
By Senators Caruth, Snyder, Green, Williams, Stollings, Deem and Guills:
Senate Bill No. 574
--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 Energy, Industry and Mining; and then to the Committee on the Judiciary.
Senators Wells and Jenkins offered the following resolution:
Senate Concurrent Resolution No. 23--
Requesting the Division of Veterans Affairs name the West Virginia State Veterans Cemetery "THE DONEL KINNARD VETERANS CEMETERY".
Whereas, Donel Kinnard was born on April 5, 1936, in Logan; and
Whereas, Donel Kinnard was married to Rebecca McCann Kinnard; and
Whereas, Donel Kinnard retired with 22 years in military service, first in the United States Marine Corps and then in the United States Navy, where he served with UDT and SEALS teams; and
Whereas, Donel Kinnard was a recipient of the Navy Cross (the Navy's highest medal), seven Purple Hearts, the Bronze Star and many other medals, commendations and citations; and
Whereas, Donel Kinnard was the past state commander of the Veterans of Foreign Wars, past district commander of the VFW, past post commander of the VFW and past president of the Hurricane Lions Club; and
Whereas, Donel Kinnard was a member of the Legion of Valor, Military Order of the Purple Heart, Veterans of Foreign Wars, American Legion, Disabled American Veterans, UDT-SEAL Association, Fleet Reserve Association, Marine Corps League, Vietnam Veterans of America and the Military Order of the Cootie; and
Whereas, Donel Kinnard played an instrumental role in establishing a 120-bed, $32 million nursing facility in Clarksburg; and
Whereas, Donel Kinnard was serving as chairman of the West Virginia Veterans Council, chairman of the West Virginia Veterans Nursing Home Committee and chairman of the West Virginia Veterans Cemetery; and
Whereas, Donel Kinnard asked that his final resting place be the West Virginia State Veterans Cemetery; and
Whereas, Donel Kinnard died on February 14, 2009; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Veterans Affairs is hereby requested to name the West Virginia State Veterans Cemetery "THE DONEL KINNARD VETERANS CEMETERY"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Director of the Division of Veterans Affairs; the Secretary of Military Affairs and Public Safety; Donel Kinnard's wife, Rebecca McCann Kinnard; his daughter, Theresa Johnson of Austin, Texas; his son, Donel Kinnard and his wife Tammy Kinnard of Milford, Ohio; his son, Mike Kinnard and his wife Lina Kinnard of Milton; his daughter, Melissa Kay Cliver and her husband Tim Cliver of San Antonio, Texas; his daughter, Petra Kresse and her husband Bob Kresse of Virginia Beach, Virginia; his daughter, Kimberly Tapia and her husband Ted Tapia of Longmont, Colorado; his stepson, Larry Stamm and his wife Laurene Stamm of Mooresville, North Carolina; his stepson, Wade Stamm of Huntersville, North Carolina; his stepdaughter, Alandra Warner and her husband John Warner of Mooresville, North Carolina; his stepson, Ryan Stamm and his wife Louisa Stamm of Cornelius, North Carolina; his brother, Ben Kinnard of Wood River, Illinois; his sister, Emma Robison of Palm Bay, Florida; and his sister, Lona Hayes and her husband Pete Hayes of Milton.

Which, under the rules, lies over one day.
Senator White offered the following resolution:
Senate Concurrent Resolution No. 24--
Requesting the Joint Committee on Government and Finance study the various benefits and burdens in implementing a year-round, 200-day school year for our state public education system from kindergarten through twelfth grade.
Whereas, Proponents of implementing a year-round, 200-day school year for our state public education system from kindergarten through twelfth grade believe said implementation would result in a higher quality of education in various respects being provided to all aforesaid West Virginia public school students; and
Whereas, Proponents and detractors of a year-round, 200-day school year acknowledge there may be issues regarding the current inventory of all facilities within the West Virginia public school system that would be used to provide said education; and
Whereas, Said proponents and detractors acknowledge there may also be concerns regarding proper compensation for all individuals employed by said public school system within West Virginia if said school year is implemented; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the various benefits and burdens in implementing a year-round, 200-day school year for our state public education system from kindergarten through twelfth grade; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

Which, under the rules, lies over one day.
Senator Stollings offered the following resolution:
Senate Concurrent Resolution No. 25--
Requesting the Division of Highways name bridge number 03-1-8.23 (104504) in Ashford, Boone County, the "Willis W. Elkins Memorial Bridge".
Whereas, Willis W. Elkins served the Ashford and Boone County community with dedicated leadership and was a lifelong resident whose family dates back several generations; and
Whereas, Willis W. Elkins was an outstanding organizer and citizen in the community. He served in the United States Navy during World War II, earning six combat stars. He returned home after service to pursue his education and fulfill his career goals and became a teacher, principal, assistant superintendent, superintendent, member of the board of education and was a phenomenal community leader in other aspects. Willis W. Elkins served the community with distinction; and
Whereas, The citizens and community leaders throughout Boone County have recognized the works of Willis W. Elkins and believe it proper to honor the achievements of Willis W. Elkins by naming a new bridge after him; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 03-1-8.23 (104504) in Ashford, Boone County, the "Willis W. Elkins 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 "Willis W. Elkins 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 Willis W. Elkins.
Which, under the rules, lies over one day.
Senators Caruth, Stollings, Snyder, Williams, Green, Deem, Plymale and Guills offered the following resolution:
Senate Concurrent Resolution No. 26--
Requesting the Joint Committee on Government and Finance study the burden of taxes and fees by the State of West Virginia upon the coal industry.
Whereas, The coal industry is and has been for many years an integral part of the economic and social fabric of the state; and
Whereas, Whole communities in this state rely in large part, if not completely, on the coal industry for their continuing vitality; and
Whereas, The coal industry remains essential to economic growth and progress in West Virginia and the United States; and
Whereas, Coal continues to sustain our economy and provides the financial security as future diversity and expansion of our job base is explored; and
Whereas, Coal can help provide a dependable domestic source of energy in light of concerns our nation has become dependent on energy sources from foreign sources that may not be reliable in the long term; and
Whereas, It is critical to regularly reassess the burden of taxes and fees by the State of West Virginia upon the coal industry as compared to the burden said industry must bear in other coal-producing states and the overall economic impact of the coal industry within West Virginia for our economic prosperity and security; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the burden of taxes and fees by the State of West Virginia upon the coal industry; and, be it
Further Resolved, Said study shall be conducted with the aid of West Virginia University and Marshall University; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

Which, under the rules, lies over one day.
Senators Tomblin (Mr. President), Stollings, Unger, Prezioso, Kessler, Plymale and White offered the following resolution:
Senate Resolution No. 27--Designating March 12, 2009, as "West Virginia Press Association Day".
Whereas, The West Virginia Press Association was founded in June, 1869, at which time there were 52 newspapers in publication in the Mountain State; and
Whereas, Today the West Virginia Press Association represents 24 daily and 62 weekly newspapers in publication in the Mountain State; and
Whereas, The exercise of a free press is fundamental to a democratic society and the West Virginia Press Association promotes the highest standards of journalism and respects the duty of a free press to responsibly report the events and happenings of our state to the public; and
Whereas, The West Virginia Press Association is dedicated to the proposition that an active press committed to freedom of opinion and expression to impart ideas and information to the public is vital to democracy in West Virginia; and
Whereas, The West Virginia Press Association encourages collegiality, cooperation and fraternal good fellowship among members of the newspaper industry as a means of reinforcing the fundamental principles of a responsible free press; therefore, be it
Resolved by the Senate:
That the Senate hereby designates March 12, 2009, as "West Virginia Press Association Day"; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia Press Association.
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 resumed business under the sixth order.
Senators
White, Yost, Laird, Chafin, Foster, Green, Snyder, Unger, Fanning, Wells, D. Facemire, Kessler, Edgell and Bowman offered the following resolution:
Senate Resolution No. 28--
Urging the United States Congress pass the Employee Free Choice Act.
Whereas, In 1935, the United States established by law that workers must be free to form unions; and
Whereas, The freedom to form or join a union is internationally recognized as a fundamental human right; and
Whereas, Union membership provides workers better wages and benefits and protection from discrimination and unsafe workplaces; and
Whereas, Workers want to organize, but can't when more than 40 million U. S. workers say they would join a union now if they had the opportunity; and
Whereas, Even though on paper America's workers have the freedom to choose for themselves whether to have a union, in reality workers across the nation are routinely denied that right; and
Whereas, When the right of workers to form a union is violated, wages fall, race and gender pay gaps widen, workplace discrimination increases and job safety standards disappear; and
Whereas, Many thousands of America's workers are routinely threatened, coerced or fired each year because they try to form a union; and
Whereas, Most violations of workers' freedom to choose a union occur behind closed doors and each year millions of dollars are spent to frustrate workers' efforts to form unions; and
Whereas, A worker's fundamental right to choose a union is a public issue that requires public policy solutions, including legislative remedies; and
Whereas, The Employee Free Choice Act would authorize the National Labor Relations Board to certify a union as the bargaining representative when a majority of employees voluntarily sign authorizations designating the union to represent them or by a secret ballot election should 30 percent of the workers choose a ballot election; therefore, be it
Resolved by the Senate:
That the Senate hereby urges the United States Congress to pass the Employee Free Choice Act; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to West Virginia's congressional delegation.
Which, under the rules, lies over one day.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 22, Requesting Joint Committee on Government and Finance study feasibility of statewide database background check system.
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 Resolution No. 23, Commemorating life of Thomas A. Colley.
On unfinished business, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 238, Prohibiting discrimination based upon age or sexual orientation
.
On second reading, coming up in regular order, was read a second time.
Senator Sypolt moved that the bill be rereferred to the Committee on the Judiciary.
The question being on the adoption of Senator Sypolt's aforestated motion, the same was put and did not prevail.
The bill was then ordered to engrossment and third reading.

Com. Sub. for Senate Bill No. 318, Expanding Division of Protective Services' law-enforcement authority over state property under certain circumstances.
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. 375, Relating to Office of Coalfield Community Development master land use plans.
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.
Senate Bill No. 344,
Authorizing mental hygiene commissioners sign readmission orders.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 445, Removing conservation supervisors' election certification requirements.
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 Senators Fanning, White, Prezioso and Kessler.
Thereafter, at the request of Senator Bowman, and by unanimous consent, the remarks by Senators White and Prezioso were ordered printed in the Appendix to the Journal.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Chafin, unanimous consent being granted, it was ordered that the Journal show had Senator Chafin been present in the chamber on Monday, March 9, 2009, he would have voted "yea" on the passage of Engrossed Committee Substitute for Senate Bill No. 284, Engrossed Committee Substitute for Senate Bill No. 339 and Engrossed Committee Substitute for Senate Bill No. 405; on Tuesday, March 10, 2009, he would have voted "yea" on the passage of Engrossed Committee Substitute for Senate Bill No. 243, Engrossed Senate Bill No. 251, Engrossed Senate Bill No. 262, Engrossed Committee Substitute for Senate Bill No. 277, Engrossed Senate Bill No. 329 and Engrossed Senate Bill No. 410; and on yesterday, Wednesday, March 11, 2009, Engrossed Senate Bill No. 66, Engrossed Senate Bill No. 306 and he would have voted "yea" on the passage of Engrossed Committee Substitute for Senate Bill No. 370.
Pending announcement of meetings of standing committees of the Senate, including a minority party caucus,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Friday, March 13, 2009, at 11 a.m.
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