sdj-8th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2009
EIGHTH DAY
____________
Charleston, W. Va., Wednesday, February 18, 2009
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Pastor Matthew J. Watts, Grace Bible
Church, Charleston, West Virginia.
Pending the reading of the Journal of Tuesday, February 17,
2009,
On motion of Senator McCabe, 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 fourth order of business.
Senator Browning, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Bill No. 226, Authorizing State Tax Department
promulgate legislative rule relating to film industry investment tax credit.
And reports the same back with the recommendation that it do
pass; but under the original triple committee reference first be
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
Respectfully submitted,
Richard Browning,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
Senator Browning, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Bill No. 232, Authorizing Division of Tourism
promulgate legislative rule relating to direct advertising grants
program.
And reports the same back with the recommendation that it do
pass; but under the original triple committee reference first be
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
Respectfully submitted,
Richard Browning,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
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 Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 282--A Bill to amend and reenact §60-3A-2,
§60-3A-2a, §60-3A-4, §60-3A-6, §60-3A-7, §60-3A-8, §60-3A-10, §60-
3A-10b, §60-3A-11 and §60-3A-12 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new section,
designated §60-3A-10d, all relating to the classification of retail
licenses for the sale of liquor; setting forth legislative
findings; defining certain terms; authorizing the Alcohol Beverage
Control Commissioner to issue retail licenses for the sale of
liquor; establishing certain standards for the issuance of licenses
within market zones; limiting the issuance of retail licenses to
operate mixed retail liquor outlets; authorizing the commissioner
to adopt certain standards for retail outlets; increasing the
maximum percentage of retail licenses a person may own; providing
a purchase option for active retail licensees seeking to operate a freestanding liquor retail outlet; and providing for financing for
the purchase of a retail license for a freestanding liquor retail
outlet.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Browning, Prezioso, Chafin, Green and Kessler:
Senate Bill No. 283--A Bill to amend and reenact §11-21-12 of
the Code of West Virginia, 1931, as amended, relating to reducing
state income tax liability for certain retired public employees;
increasing the amount of retirement income received from certain
state and federal retirement systems that is excluded from the
calculation of income subject to state personal income taxes; and
establishing an effective date for the increased exclusion.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Minard and Kessler:
Senate Bill No. 284--A Bill to amend and reenact §33-13C-3 and
§33-13C-16 of the Code of West Virginia, 1931, as amended, all
relating to viatical settlements; adding alternative means for
satisfying financial requirements for the licensing of viatical
settlement brokers; and making criminal provisions applicable to
any person.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators White and Barnes:
Senate Bill No. 285--A Bill to amend and reenact §17A-2-7 of
the Code of West Virginia, 1931, as amended, relating to requiring
the Commissioner of the Division of Motor Vehicles to provide
mobile unit(s) to remote counties of West Virginia to assist the
citizens in those areas in obtaining their new or renewed driver's
license.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Minard, Kessler and Jenkins:
Senate Bill No. 286--A Bill to amend and reenact §33-25D-2 of
the Code of West Virginia, 1931, as amended, relating to prepaid
limited health service organizations; and adding dental, vision,
pharmaceutical and podiatric services to those services that may be
offered by prepaid limited health service organizations.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Foster and Plymale:
Senate Bill No. 287--A Bill to amend and reenact §18-7A-3,
§18-7A-13, §18-7A-14, §18-7A-23, §18-7A-28c and §18-7A-34 of the
Code of West Virginia, 1931, as amended, all relating to State
Teachers Retirement System; making technical changes; modifying
definitions; specifying cessation of membership; clarifying loan
offsets at time of withdrawal; specifying procedures for the correction of errors; permitting rollovers of any dollar amount;
and permitting loan borrowers to receive retirement income or
disability payments when outstanding loan balance is deducted from
the actuarial reserve of accrued benefit.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Foster and Plymale:
Senate Bill No. 288--A Bill to amend and reenact §18-7D-11 of
the Code of West Virginia, 1931, as amended, relating to the
minimum guarantees provided to members who elected to transfer from
the Teachers' Defined Contribution System to the Teachers
Retirement System.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators McCabe, Browning, Foster, Oliverio, Kessler,
Stollings, Plymale, Williams, Jenkins, Bowman and Caruth:
Senate Bill No. 289--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §5E-3-1, §5E-3-2, §5E-3-3, §5E-3-4, §5E-3-5, §5E-3-6,
§5E-3-7, §5E-3-8 and §5E-3-9; and to amend and reenact §31-15-6 of
said code, all relating to the creation of an innovation and
development program; providing a short title and declaration of
policy; setting forth purposes; providing definitions; authorizing
and directing the Economic Development Authority to propose rules to implement its provisions and provide for the effective and
efficient administration of the program; authorizing the authority
to provide technical and professional assistance to entrepreneurs
in the state; authorizing the authority to make qualified
investments and loans; authorizing recoverable revenue credits to
private investors for investments in qualified investment companies
pursuant to rules to be promulgated by the authority; and
specifying disclosure, conflict of interest and confidentiality
standards for the operation of the innovation and development
program.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Foster and Palumbo:
Senate Bill No. 290--A Bill to amend and reenact §16-9A-8 of
the Code of West Virginia, 1931, as amended, relating to the sale
of tobacco products in packages other than original factory-wrapped
packages.
Referred to the Committee on Health and Human Resources.
By Senators Foster and Plymale:
Senate Bill No. 291--A Bill to amend and reenact §16-5V-32 of
the Code of West Virginia, 1931, as amended, relating to funding
health insurance coverage for certain retirees in the Emergency
Medical Services Retirement System.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Laird, Prezioso, Kessler and Stollings:
Senate Bill No. 292--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-21-12i, relating to creating a personal income tax
credit for persons who may choose to spay or neuter their pets.
Referred to the Committee on Finance.
Senators Plymale, Chafin, Green, Kessler, Stollings, Foster,
Unger, McCabe and Jenkins offered the following resolution:
Senate Resolution No. 12--Designating Wednesday, February 18,
2009, as "Marshall University Day".
Whereas, Marshall University is one of the state's premier
institutions of higher education; and
Whereas, Marshall University educates more than 14,000
students at locations in Huntington, Point Pleasant, South
Charleston, Beckley, Logan and Gilbert and offers degrees at the
associate, baccalaureate, master's and doctoral levels; and
Whereas, Marshall University is building a national reputation
for research in biotechnology, forensics and medicine through its
College of Science and the Joan C. Edwards School of Medicine; and
Whereas, Marshall University has established a goal of
creating new, high-value job opportunities through the Marshall
Institute for Interdisciplinary Research as part of West Virginia's
"Bucks for Brains" initiative; and
Whereas, With every dollar the state invests in Marshall
University, the university generates nearly $8 spent in the West
Virginia economy, resulting in an estimated output generated by
Marshall of $547 million per year; and
Whereas, Earlier this month, Marshall University opened a
123,000 square-foot recreation center that will improve the health
of the Marshall community while increasing enrollment and retention
at the university; and
Whereas, Marshall University's engineering program moved
closer to accreditation with the opening last fall of the Arthur
Weisberg Family Engineering Laboratories; and
Whereas, Also last fall Marshall University opened a 782-bed
freshmen residence hall that will meet the needs of students for
many years to come; and
Whereas, The Robert C. Byrd Institute for Advanced Flexible
Manufacturing is providing services to all 55 state counties
providing expertise to more than 4,000 small and medium-sized
manufacturers that employ more than 73,000 individuals across West
Virginia; and
Whereas, The Nick J. Rahall Transportation Institute of
Marshall University is setting national standards in
transportation; and
Whereas, Marshall University's Health Sciences train hundreds
of West Virginians to serve as doctors, nurses, therapists and health technicians each year; and
Whereas, Marshall University alumni number more than 90,000
across the globe; therefore, be it
Resolved by the Senate:
That the Senate hereby designates Wednesday, February 18,
2009, as "Marshall University Day"; and, be it
Further Resolved, That the Senate hereby recognizes Marshall
University for its tremendous contributions to the State of West
Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to Stephen J. Kopp, President of Marshall
University.
At the request of Senator Jenkins, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Plymale, and by
unanimous consent, the remarks by Senator Jenkins regarding the
adoption of Senate Resolution No. 12 were ordered printed in the
Appendix to the Journal.
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.
Petitions
Senator K. Facemyer presented a petition from M. Helen Stearns
and numerous Jackson County residents, requesting construction of
a vehicular bridge over Mill Creek.
Referred to the Committee on Transportation and
Infrastructure.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senator Chafin.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Thursday, February 19, 2009, at 11 a.m.
____________
Webmaster | © 2024 West Virginia Legislature **
