sdj-2nd day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2009
SECOND DAY
____________
Charleston, W. Va., Thursday, February 12, 2009
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Dr. David Buckley, Senior Pastor, Cross
Lanes Bible Church, Cross Lanes, West Virginia.
Pending the reading of the Journal of Wednesday, February 11,
2009,
On motion of Senator Fanning, the Journal was approved and the
further reading thereof dispensed with.
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 Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 151--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to permits for construction,
modification, relocation and operation of stationary sources of air pollutants; notification requirements; administrative updates;
temporary permits; general permits; permission to commence
construction; and procedures for evaluation.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 152--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to permits for construction
and major modification of major stationary sources of air pollution
for the prevention of significant deterioration.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 153--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to standards of performance
for new stationary sources.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 154--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the control of air
pollution from hazardous waste treatment, storage and disposal
facilities.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 155--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to emission standards for
hazardous air pollutants.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 156--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to a mercury budget training
program to reduce mercury emissions.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 157--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to ambient air quality
standards.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 158--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to hazardous waste
management systems.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 159--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the assessment of civil
administrative penalties.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 160--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the hazardous waste
management fee.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 161--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the state water pollution
control revolving fund.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 162--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to environmental
laboratories' certification and standards of performance.
Referred to the Committee on Energy, Industry and Mining; then
to the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 163--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to dam safety.
Referred to the Committee on Energy, Industry and Mining; then
to the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 164--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the assessment of civil
administrative penalties.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 165--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Ethics Commission to promulgate a legislative
rule relating to employment exemptions.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 166--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Ethics Commission to promulgate a legislative
rule relating to lobbying.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 167--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Ethics Commission to promulgate a legislative
rule relating to the filing of verified time records.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 168--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to benefit determination and
appeal.
Referred to the Committee on Pensions; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 169--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to the Teachers Retirement System.
Referred to the Committee on Pensions; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 170--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to the Public Employees
Retirement System.
Referred to the Committee on Pensions; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 171--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to refund, reinstatement,
retroactive service and loan interest factors.
Referred to the Committee on Pensions; then to the Committee
on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 172--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to service credit for
accrued and unused sick and annual leave.
Referred to the Committee on Pensions; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 173--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to the West Virginia State
Police.
Referred to the Committee on Pensions; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 174--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Commission for the Deaf and Hard of Hearing to
promulgate a legislative rule relating to the establishment of
required qualifications and ethical standards for interpreters and
transliterators.
Referred to the Committee on Government Organization; then to
the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 175--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Dental Examiners to promulgate a
legislative rule relating to the board.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 176--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Dental Examiners to promulgate a
legislative rule relating to the formation and approval of dental
corporations.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 177--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Administration to promulgate a
legislative rule relating to fair market price determination.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 178--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Administration to promulgate a
legislative rule relating to statewide contracts.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 179--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Administration to promulgate a
legislative rule relating to qualifications for participation.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 180--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Commissioner of Agriculture to promulgate a
legislative rule relating to animal disease control.
Referred to the Committee on Agriculture; then to the
Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 181--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Commissioner of Agriculture to promulgate a
legislative rule relating to the disposal of dead poultry.
Referred to the Committee on Agriculture; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 182--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Commissioner of Agriculture to promulgate a
legislative rule relating to commercial feed.
Referred to the Committee on Agriculture; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 183--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Commissioner of Agriculture to promulgate a
legislative rule relating to a schedule of charges for inspection
services: Fruit.
Referred to the Committee on Agriculture; then to the
Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 184--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Architects to promulgate a legislative
rule relating to the registration of architects.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 185--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Architects to promulgate a legislative
rule relating to the fees for registration of architects.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 186--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to general provisions.
Referred to the Committee on Pensions; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 187--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to the Deputy Sheriff
Retirement System.
Referred to the Committee on Pensions; then to the Committee
on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 188--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Accountancy to promulgate a legislative
rule relating to the board and rules of professional conduct.
Referred to the Committee on Government Organization; then to
the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 189--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Administration to promulgate a
legislative rule relating to the Purchasing Division.
Referred to the Committee on Government Organization; then to
the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 190--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Administration to promulgate a
legislative rule relating to parking.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer:
Senate Bill No. 191--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Ethics Commission to promulgate a legislative
rule relating to the purchase, sale or lease of personal property.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 192--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Ethics Commission to promulgate a legislative
rule relating to interest in public contracts.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 193--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Ethics Commission to promulgate a legislative
rule relating to voting.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 194--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to licensure of medical adult day care centers.
Referred to the Committee on Health and Human Resources; then
to the Committee on Government Organization; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 195--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to public water systems.
Referred to the Committee on Health and Human Resources; then
to the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 196--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to tuberculosis testing,
control treatment and commitment.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 197--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Human Services to promulgate a
legislative rule relating to child care center licensing.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 198--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Insurance Commissioner to promulgate a
legislative rule relating to continuing education for individual
insurance producers.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 199--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Insurance Commissioner to promulgate a
legislative rule relating to preneed life insurance minimum
standards for determining reserve liabilities and nonforfeiture
values.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 200--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Labor to promulgate a legislative
rule relating to packaging and labeling.
Referred to the Committee on Labor; and then to the Committee
on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 201--A Bill to amend and reenact article 10,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Labor to promulgate a legislative
rule relating to a method of sale of commodities.
Referred to the Committee on Labor; and then to the Committee
on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 202--A Bill to amend and reenact article 10,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Labor to promulgate a legislative
rule relating to standards for weights and measures inspectors'
adoption of National Conference of Weights and Measures (NCWM)
Handbook 130, 1987 edition.
Referred to the Committee on Labor; and then to the Committee
on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 203--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Labor to promulgate a legislative
rule relating to the Amusement Rides and Attractions Safety Act.
Referred to the Committee on Labor; and then to the Committee
on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 204--A Bill to amend and reenact article 10,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Labor to promulgate a legislative
rule relating to the West Virginia Manufactured Housing
Construction and Safety Standards Board.
Referred to the Committee on Labor; then to the Committee on
Government Organization; and then to the Committee on the
Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 205--A Bill to amend and reenact article 10,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Labor to promulgate a legislative
rule relating to the Elevator Safety Act.
Referred to the Committee on Labor; then to the Committee on
Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 206--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Labor to promulgate a legislative
rule relating to weights and measures calibration fees.
Referred to the Committee on Labor; then to the Committee on
Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 207--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Medicine to promulgate a legislative
rule relating to the definition of surgery.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 208--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Medicine to promulgate a legislative
rule relating to licensure, disciplinary and complaint procedures;
continuing education; and physician assistants.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 209--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Medicine to promulgate a legislative
rule relating to the establishment and regulation of a restricted
license issued to an applicant in extraordinary circumstances.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 210--A Bill to amend and reenact article 8,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Motor Vehicles to promulgate a
legislative rule relating to the denial, suspension, revocation,
restriction or nonrenewal of driving privileges.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 211--A Bill to amend and reenact article 8,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Motor Vehicles to promulgate a
legislative rule relating to collection of the tax on the sale of
a vehicle.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 212--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Natural Resources to promulgate a
legislative rule relating to boating.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 213--A Bill to amend and reenact article 10,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Natural Resources to promulgate a
legislative rule relating to deer hunting.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 214--A Bill to amend and reenact article 10,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Natural Resources to promulgate a
legislative rule relating to lifetime hunting, trapping and fishing
licenses.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 215--A Bill to amend and reenact article 10,
chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate a
legislative rule relating to lifetime hunting, trapping and fishing
license and stamp fees.
Referred to the Committee on Natural Resources; then to the
Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 216--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Personnel to promulgate a
legislative rule relating to reimbursement of compensation paid to
state employees for training, education and professional
development.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 217--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Physical Therapy to promulgate a
legislative rule relating to general provisions.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 218--A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Regional Jail and Correctional Facility
Authority to promulgate a legislative rule relating to criteria and
procedures for determination of projected cost per day for inmates
incarcerated in regional jails operated by the authority.
Referred to the Committee on Government Organization; then to
the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 219--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Examiners for Registered Professional
Nurses to promulgate a legislative rule relating to policies,
standards and criteria for the evaluation and accreditation of
colleges, departments or schools of nursing.
Referred to the Committee on Government Organization; then to
the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 220--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Examiners for Registered Professional
Nurses to promulgate a legislative rule relating to limited
prescriptive authority for nurses in advanced practice.
Referred to the Committee on Health and Human Resources; then
to the Committee on Government Organization; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 221--A Bill to amend and reenact article 4,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Rehabilitation Services to
promulgate a legislative rule relating to the low vision driver
training program.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 222--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Respiratory Care to promulgate a
legislative rule relating to student temporary permits.
Referred to the Committee on Health and Human Resources; then
to the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 223--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Secretary of State to promulgate a legislative rule relating to the administration of the address confidentiality
program.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 224--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Social Work Examiners to promulgate a
legislative rule relating to a fee schedule.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 225--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the State Tax Department to promulgate a legislative
rule relating to combined returns pursuant to an investigation by
the Tax Commissioner.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 226--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the State Tax Department to promulgate a legislative rule relating to the film industry investment tax credit.
Referred to the Committee on Economic Development; then to the
Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 227--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the State Tax Department to promulgate a legislative
rule relating to the repeal of valuation of intangible personal
property including stock accounts receivable and stock in banks and
capital of savings and loan associations.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 228--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to voluntary remediation and
redevelopment.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 229--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Tax Department to promulgate a legislative
rule relating to electronic filing and payment of special district
excise tax.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 230--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the State Tax Department to promulgate a legislative
rule relating to the withholding or denial of personal income tax
refunds from taxpayers who owe municipal costs, fines, forfeitures
or penalties.
Referred to the Committee on Government Organization; then to
the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 231--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the State Tax Department to promulgate a legislative
rule relating to an exchange of information agreement between the
State Tax Division and the Department of Health and Human Resources
Office of the Inspector General Medicaid Fraud Control Unit.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 232--A Bill to amend and reenact article 10,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Tourism to promulgate a legislative
rule relating to the direct advertising grants program.
Referred to the Committee on Economic Development; then to the
Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Facemyer:
Senate Bill No. 233--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Veterinary Medicine to promulgate a
legislative rule relating to a schedule of fees.
Referred to the Committee on Agriculture; then to the
Committee on Finance; and then to the Committee on the Judiciary.
By Senator Kessler:
Senate Bill No. 234--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §19-29-6; and to amend and reenact §22-15-22 of said
code, all relating to the regulation of land-based aquaculture
facilities; exempting aquaculture facilities from certain sludge
management requirements; and providing the Commissioner of
Agriculture rule-making authority to promulgate rules, after
consultation with the Department of Environmental Protection,
concerning the disposal or application of waste produced from an aquaculture facility.
Referred to the Committee on Agriculture; and then to the
Committee on the Judiciary.
By Senator Kessler:
Senate Bill No. 235--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §15-2B-15; and to amend and reenact §57-5-11 of said
code, all relating to requiring the appropriate governmental entity
to retain any biological material that is secured in the
investigation or prosecution of a criminal case for the period of
time that a defendant remains incarcerated in connection with that
case.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Barnes, Unger, Sypolt and Hall:
Senate Bill No. 236--A Bill to amend and reenact §17A-3-14 of
the Code of West Virginia, 1931, as amended, relating to
authorizing the Division of Motor Vehicles to create and issue
special registration plates bearing the inscription "In God We
Trust".
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators McCabe, Foster, White and Wells:
Senate Bill No. 237--A Bill to amend and reenact §22-15A-2 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto twelve new sections, designated §22-15A-30, §22-15A-31, §22-15A-32, §22-15A-33, §22-15A-34, §22-15A-35,
§22-15A-36, §22-15A-37, §22-15A-38, §22-15A-39, §22-15A-40 and
§22-15A-41, all relating to establishing a returnable beverage
container deposit program; defining terms; expressing findings and
purpose; requiring the use of returnable beverage containers;
requiring the collection of deposits on returnable beverage
containers; establishing program for the refund of deposits;
requiring food and beverage establishments pay deposit on beverage
containers when beverage is consumed on premises; requiring the
Department of Environmental Protection operate the returnable
beverage container program; requiring certification of redemption
centers; establishing requirements for certification of redemption
centers; providing for payment of deposit refunds and handling
fees; establishing requirements for reverse vending machines;
exempting deposit refunds from consumers sales and service tax and
business and occupation tax; exempting deposits on containers from
consumers sales and service tax and excluding deposits from
business and occupation tax; and providing penalties and remedies.
Referred to the Committee on Natural Resources; then to the
Committee on the Judiciary; and then to the Committee on Finance.
By Senators McCabe, Palumbo, Kessler, Snyder, Foster and
Wells:
Senate Bill No. 238--A Bill to amend and reenact §5-11-2,
§5-11-3, §5-11-4, §5-11-8, §5-11-9 and §5-11-13 of the Code of West
Virginia, 1931, as amended; to amend said code by adding thereto a
new section, designated §5-11-9a; and to amend and reenact §5-11A-3, §5-11A-5, §5-11A-6 and §5-11A-7 of said code, all
relating to unlawful discriminatory practices generally;
prohibiting discrimination based upon age or sexual orientation in
housing; defining "sexual orientation" and "age"; exempting
religious institutions from the sexual orientation proscriptions of
this bill when such employment comports with specific criteria; and
defining "religious institutions".
Referred to the Committee on the Judiciary.
By Senators McCabe, Foster, Palumbo, Wells and Kessler:
Senate Bill No. 239--A Bill to permit Kanawha County, wherein
the capital city, Charleston, is located and whose population is
over 150,000, to decide on metro government, as provided in article
seven, chapter seven-a of the Code of West Virginia, by majority
vote.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators McCabe, Foster, Plymale, Caruth, Sypolt and Wells:
Senate Bill No. 240--A Bill to repeal §16-27A-1 and §16-27A-2
of the Code of West Virginia, 1931, as amended, relating to the ban
on construction of nuclear power plants.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Kessler, Foster, Unger, White, Plymale and McCabe:
Senate Bill No. 241--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7, §3-12-8, §3-12-9, §3-12-10, §3-12-11, §3-12-12, §3-12-13,
§3-12-14, §3-12-15, §3-12-16, §3-12-17, §3-12-18 and §3-12-19, all
relating to creating the West Virginia Public Campaign Financing
Act; providing alternative campaign financing option for candidates
for the State Senate and House of Delegates through public funds;
setting forth short title and certain legislative findings and
declarations; defining terms; specifying that the provisions of the
act are applicable to certain candidates for the offices of the
State Senate and House of Delegates beginning in 2010; establishing
a Public Campaign Financing Fund and sources of revenue for the
fund; requiring an additional penalty assessment be imposed against
violators of administrative orders, rules of state governmental
agencies, boards and commissions; requiring an applicant for public
campaign funding to complete a declaration of intent and setting
forth the manner in which an application for funding may be made;
setting forth eligibility criteria for qualifying party and
independent candidates; allowing participating candidates to raise
from private sources and spend seed money contributions; requiring
candidates seeking public campaign funds to collect a required
number of qualifying contributions; requiring candidates to provide
detailed receipts to contributors and to the State Election
Commission for seed money and qualifying contributions; requiring
participating candidates to comply with all provisions of the act;
requiring the State Election Commission to certify eligible
candidates and setting forth the procedure for certification;
providing for distribution of sums from the Public Campaign Financing Fund to qualified candidates for funding election
campaigns; specifying the amount of funds available for each
candidate and when the funds become available; setting forth
restrictions on participating candidates' contributions and
spending; prohibiting participating candidates from accepting
private contributions other than as specifically set forth in the
act; prohibiting the use of personal funds for certain purposes;
permitting qualified candidates to raise funds from private sources
when there is insufficient money in the Public Campaign Financing
Fund to make a complete distribution to all qualified candidates;
requiring certain disclosures; requiring candidates keep records
and report to the State Election Commission; providing for matching
public campaign funds when an opponent spends in excess of the
initial funding available and for independent expenditures on
behalf of a nonparticipating or certified opponent; setting forth
certain duties of the State Election Commission; providing for the
deposit of certain revenue into the fund; requiring repayment of
excessive expenditures by candidates; providing both civil and
criminal penalties for violations of the act; and setting forth an
effective date.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Kessler, Foster, White and Plymale:
Senate Bill No. 242--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §17C-5-1a; to amend and reenact §17C-5-2 of said code; to amend and reenact §17C-5A-2 and §17C-5A-3a of said code; to
amend and reenact §61-11-22 of said code; to amend and reenact
§62-11A-1a of said code; and to amend and reenact §62-11C-1 and
§62-11C-5 of said code, all relating to reducing recidivism of
offenders convicted of driving under the influence of alcohol
through mandated participation in the Motor Vehicle Alcohol Test
and Lock Program for all offenders; mandated license sanctions;
removal of expungement provisions for offenders under twenty-one
years of age; imposition of staggered sentencing; offender
participation in community corrections programs; mandated guilty or
nolo contendere plea in pretrial diversion agreements; and
oversight of dedicated drug and alcohol courts.
Referred to the Committee on the Judiciary.
By Senators McCabe, Caruth, Plymale and Prezioso:
Senate Bill No. 243--A Bill to repeal §13-1-18 of the Code of
West Virginia, 1931, as amended; and to amend and reenact §13-1-4,
§13-1-14, §13-1-15, §13-1-15a, §13-1-16, §13-1-17, §13-1-19 and
§13-1-21 of said code, all relating to updating the code to be
consistent with the current practices and procedures required for
issuing general obligation bonds through competitive sale;
incorporating changes from section ten, article X of the West
Virginia Constitution; not requiring the issuer to designate the
series of bonds in the election order; not requiring the bond
resolution to set forth the date of issuance, the denominations of
the bonds, the medium with which the bonds are payable or the terms
of redemption; allowing issuers to establish a maximum rate of interest in the bond resolution; allowing issuers to make
semiannual payments on principal and interest; lengthening the time
an issuer is required to begin making debt service payments by a
year from the date of issuance; requiring issuers to register bonds
and eliminating reference to coupon bonds; allowing issuers to
accept electronic bids; and allowing an issuer to publish an
abbreviated sale of notice when advertising the sale of bonds.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 244--A Bill to amend and reenact §5-10-48 of
the Code of West Virginia, 1931, as amended, relating to public
employees' retirement; relating to members' reemployment after
retirement; and providing for restrictions for holders of elected
public office.
Referred to the Committee on Pensions; then to the Committee
on the Judiciary; and then to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 245--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18B-10-7c, relating to the federal Yellow Ribbon G. I.
Education Enhancement Program; requiring state institutions of
higher education to participate in the program; and requiring state
institutions of higher education to enter into agreements with the
United States Secretary of Veterans Affairs to provide matching contributions toward the cost of tuition and mandatory fees not
otherwise covered under the Post-9/11 Veterans Educational
Assistance Act of 2008.
Referred to the Committee on Military; then to the Committee
on Education; and then to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 246--A Bill to amend and reenact §21A-5-10a of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §21A-6-10 of said code, all relating generally to
unemployment compensation and the unemployment compensation trust
fund; providing for a temporary solvency assessment if the balance
of the fund falls below certain funded levels; providing for
removal of the temporary solvency assessment; and providing that
the maximum weekly benefit rate shall not increase or decrease
while temporary solvency assessments are being imposed.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 247--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5-5-2a, relating to a nonbase building salary
enhancement for state employees; authorizing the Governor to
provide for salary enhancements by executive order; providing for
the allocation of salary enhancement moneys; and providing for disbursement of the salary enhancement.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
Senators Kessler, Foster and White offered the following
resolution:
Senate Concurrent Resolution No. 3--
Urging Congress implement
the Homeowners and Bank Protection Act.
Whereas, The onrushing financial crisis engulfing home
mortgages, debt instruments of all types and the banking system of
the United States threatens to set off an economic depression worse
than the 1930s; and
Whereas, Millions of American citizens are threatened with
foreclosure and loss of their homes over the upcoming months
according to studies released by Realty Trac and Moody's
Economy.com; and
Whereas, This financial crisis is now threatening the
integrity of both state and federally chartered banks, as typified
by the run on deposits of Countrywide Financial in California
during the month of August 2007; and
Whereas, A banking collapse would wipe out the life savings of
American citizens and drastically undermine the economic stability
of our states and cities; and
Whereas, This crisis is such that it requires emergency action
that only the United States Congress has the capability to enact.
Congress must move quickly to keep people in their homes and avert
social upheaval; and
Whereas, Congressional action must include the following:
(1) Congress must establish a federal agency to place the
federal and state chartered banks under protection, freezing all
existing home mortgages for a period of months or years which would
be required to adjust the values to fair prices and restructure
existing mortgages for a period of months or years which would be
required to adjust the values to fair prices, and restructure
existing mortgages at appropriate interest rates. Further, this
action would also write off all of the speculative debt obligations
of mortgage backed securities, derivatives, and other forms of
Ponzi Schemes that have brought the banking system to the point of
bankruptcy; and
(2) During the transitional period, all individual homeowner
foreclosures shall be frozen, allowing American families to retain
their homes. Monthly payments, the equivalent of rental payments,
shall be made to designated banks, which can use the funds as
collateral for normal lending practices, thus recapitalizing the
banking systems. Ultimately, these affordable monthly payments
will be factored into new mortgages reflecting the deflating of the
housing bubble, and the establishment of appropriate property
valuations, and reduced fixed mortgage interest rates. This
adjustment will take several years to achieve, in the interim
period no homeowner shall be evicted from his or her property, and
the federal and state chartered banks shall be protected so they
can resume their traditional functions, serving local communities,
and facilitating credit for investment in productive industries, agriculture, infrastructure, and other prudent financing needs; and
(3) State Governors shall assume the administrative
responsibilities for implementing the program, including the
"rental" assessments to designated banks, with the federal
government providing the necessary credits and guarantees to assure
the successful transition; and
Whereas, In a similar financial crisis in the 1930s, President
Franklin D. Roosevelt intervened to protect banks and homeowners,
for example, in April, 1933, he introduced legislation as a
"declaration of national policy...that the broad interests of the
Nation require that special safeguards should be thrown around home
ownership as a guarantee of social and economic stability...";
therefore; be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges Congress to implement the
Homeowners and Bank Protection Act; and, be it
Further Resolved, That a copy of this resolution shall be
forwarded to members of West Virginia's congressional delegation
and also be delivered to the President of the United States for
immediate implementation.
Which, under the rules, lies over one day.
Senators Browning, McCabe, Foster, Unger, Plymale and Kessler
offered the following resolution:
Senate Concurrent Resolution No. 4--
Requesting the Joint
Committee on Government and Finance study how West Virginia can be
positioned as a national leader in research, innovation and commercialization of gray energy and energy efficiency
technologies, products and processes.
Whereas, Recently elected and appointed federal leaders have
determined that a major policy initiative of the new administration
is to determine how to increase the nation's energy efficiency,
reduce carbon emissions into the environment and create new jobs
and businesses related to these efforts; and
Whereas, Research has demonstrated that the use of certain
"gray energy technologies and processes", including energy
efficiency measures, energy recycling, biomass, cofiring and
cogasification of biomass-based fuels with fossil fuels and wood
pellets, are cost effective methods of reducing carbon emissions;
and
Whereas, Energy efficiency research, development,
demonstration, deployment and commercialization can contribute to
strengthening West Virginia's energy security, environmental
quality and economic vitality; and
Whereas, Federal stimulus legislation proposed in the United
States House of Representatives currently contains programs
intended to appropriate approximately $3.5 billion of federal funds
to be used to encourage research, development and implementation of
gray energy technologies and energy efficiency measures as cost
effective methods to reduce carbon output; and
Whereas, West Virginia desires to better position itself as a
leader in gray energy technologies and energy efficiency
infrastructure in order to preserve and expand its energy and manufacturing sectors, encourage new investment and maximize the
amount of federal funds appropriated to West Virginia for such
purposes; and
Whereas, West Virginia desires to attract and seed in the
state innovative gray energy technologies and businesses that
reduce carbon emissions, manufacture gray energy and energy
efficiency products or provide other energy efficiency services,
such as assessments and performance contracts; and
Whereas, West Virginia has competitive advantages and a head
start in implementing gray energy technologies due to the presence
in the State of Recycled Energy Development Inc.'s waste heat
recovery/power generation project at the West Virginia Alloys plant
in Alloy, West Virginia; and
Whereas, A thorough study is necessary to determine how to
position West Virginia as a national leader in research, innovation
and commercialization of gray energy technologies, products and
processes; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study how West Virginia can be positioned as a
national leader in research, innovation and commercialization of
gray energy and energy efficiency technologies, products and
processes; 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 Williams, Sypolt, Foster and Kessler offered the
following resolution:
Senate Resolution No. 6--
Commemorating the bicentennial year
of the birth of Abraham Lincoln by recalling and celebrating the
life and legacy of Abraham Lincoln's mother and Mineral County
native daughter, Nancy Hanks Lincoln.
Whereas, February 12, 2009, marks the 200th anniversary of the
birth of Abraham Lincoln; and
Whereas, It being necessary and proper to pay tribute to the
sixteenth President of the United States of America, it is likewise
necessary and proper to pay tribute to Nancy Hanks, mother of
Abraham Lincoln and native West Virginian; and
Whereas, Mineral County, West Virginia, has long been
recognized as the birthplace of Nancy Hanks; and
Whereas, In 1783 Joseph Hanks purchased a 108-acre parcel on
what is known as Mikes Run in what was then Hampshire County,
Virginia, now Mineral County, West Virginia; and
Whereas, Joseph Hanks married Ann Lee (a distant relative of
Richard Lee, father of Robert E. Lee) and that marriage bore nine children, one of whom was Lucy Hanks; and
Whereas, While residing on that certain parcel of property
consisting of 108 acres located on Mikes Run in Mineral County,
West Virginia, at a time believed to be not earlier than June 12,
1783, nor later than June 11, 1784, Lucy Hanks bore a child named
Nancy Hanks; and
Whereas, In 1806 Nancy Hanks married Thomas Lincoln and on
February 12, 1809, gave birth to Abraham Lincoln; and
Whereas, Nancy Hanks Lincoln died in 1818, at which time
Abraham Lincoln was just nine years of age; and
Whereas, In 1859 in an autobiography written for Jesse Fell,
Abraham Lincoln wrote that both of his parents were born in
Virginia; and
Whereas, In recognition of an important but often unrecognized
individual who had a significant impact upon the history of this
country, President Lincoln stated, "God bless my mother; all that
I am or ever hope to be I owe to her."; and
Whereas, In 1929 a special commission identified as the Nancy
Hanks Commission was appointed by West Virginia Governor William G.
Conley to investigate the authenticity of the location of the
birthplace of Nancy Hanks and said commission, in its final report
dated September 21, 1929, adopted the findings of Dr. William E.
Barton of Foxboro, Massachusetts, a leading historian on Abraham
Lincoln, as the best evidence on the nativity of Nancy Hanks; and
Whereas, The findings, conclusions and final report of the
Nancy Hanks Commission, as appointed by Governor Conley, recognized and officially adopted as factual and historical evidence Dr.
Barton's findings that the actual birthplace of Nancy Hanks was, in
fact, located within the State of West Virginia; and
Whereas, Said commission further recommended that the "State
of West Virginia acquire this sheltered place in the hills as a
state park, both for its historical significance and for its
picturesque value"; and
Whereas, The facts and conclusions stated in this resolution
are supported and further documented in the article cited as
follows: Steers, Jr., Edward. "Nancy Hanks. West Virginian? A
Review of the Current Status of Research Into the Birthplace of
Nancy Hanks Lincoln." Lincoln Herald (Summer 1998): 61-81.; and
Whereas, Dr. Steers is widely recognized as a Lincoln scholar
and his article on the birthplace of Nancy Hanks reflects his very
comprehensive research into the subject; and
Whereas, Although other reports and investigations have
suggested a birthplace of Nancy Hanks other than Mineral County,
West Virginia, Dr. Steers has determined that the substantial
evidence of record conclusively establishes that the birthplace of
Nancy Hanks was on Mikes Run in present day Mineral County, West
Virginia; therefore, be it
Resolved by the Senate:
That the Senate hereby commemorates the bicentennial year of
the birth of Abraham Lincoln by recalling and celebrating the life
and legacy of Abraham Lincoln's mother and Mineral County native
daughter, Nancy Hanks Lincoln; and, be it
Further Resolved, That the Senate calls upon the citizens of
West Virginia to join in the observance of 2009 as the bicentennial
year of the birth of Abraham Lincoln by recalling and celebrating
the life and legacy of Mineral County's native daughter, Nancy
Hanks Lincoln.
At the request of Senator Williams, 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 Tomblin (Mr. President), Caruth, Foster, Unger,
Jenkins, White, Plymale and McCabe offered the following
resolution:
Senate Resolution No. 7--Recognizing the West Virginia Civics
Literacy Council and Civic Literacy Day.
Whereas, The 200th birthday of the 16th U.S. President Abraham
Lincoln who was responsible for the creation of the state of West
Virginia is February 12, 2009, and should be a day for all West
Virginians to reflect on their responsibilities as citizens; and
Whereas, The Legislature created the West Virginia Civics
Literacy Council on March 4, 2007, to promote civic education and
citizenship among West Virginia's youth and young adults; and
Whereas, The Council works to advance civic knowledge about
the Constitution of the United States and our Nation's history, encourages civic participation in voting, serving on juries and
other duties of citizenship and promotes the learning and practice
of leadership skills required to build stronger communities through
effective governance, service and volunteerism; and
Whereas, The members of the West Virginia Civics Literacy
Council are assessing the status of civics education in West
Virginia, compiling an inventory of civic engagement opportunities
and supporting the implementation of civic literacy as part of the
21st Century skills initiative; and
Whereas, Civic Literacy is the responsibility of everyone in
our communities, because democracy is reborn in each new
generation; and
Whereas, The Senate recognizes the importance of civic
education and civic literacy; therefore, be it
Resolved by the Senate:
That the Senate hereby expresses its support for the West
Virginia Civics Literacy Council and recognizes February 12, 2009,
as Civic Literacy Day; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the West Virginia Civics Literacy
Council.
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 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 and Sypolt.
Thereafter, at the request of Senator White, and by unanimous
consent, the remarks by Senator Fanning were ordered printed in the
Appendix to the Journal.
At the request of Senator Barnes, unanimous consent being
granted, the remarks by Senator Sypolt 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
tomorrow, Friday, February 13, 2009, at 11 a.m.
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