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WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2010
SECOND DAY
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Charleston, W. Va., Thursday, January 14, 2010
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Ernest Poland, Jr., Keyser
Presbyterian Church, Keyser, West Virginia.
Pending the reading of the Journal of Wednesday, January 13,
2010,
On motion of Senator White, 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 Clerk presented a communication from the Board of Dental
Examiners, submitting its annual report, in accordance with chapter
thirty, article twenty-four, section seven of the code of West
Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Children's Health
Insurance Program, submitting its annual report as required by chapter five, article sixteen-b, section three of the code of West
Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Court of Claims,
submitting its Crime Victims Compensation Fund report, in
accordance with chapter fourteen, article two-a, section twenty-one
of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Department of
Health and Human Resources, submitting its annual long-term care
report as required by chapter sixteen, article five-c, section
three of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Division of
Natural Resources, submitting its annual report, in accordance with
chapter twenty, article one, section seven of the code of West
Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Division of
Personnel, submitting its annual report as required by chapter
twenty-nine, article six, section seven of the code of West
Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Economic Development Authority, submitting its annual report, in accordance
with chapter thirty-one, article fifteen, section twenty-nine of
the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Legislative
Oversight Committee on the Regional Jail and Correctional Facility
Authority, submitting its annual report as required by chapter
thirty-one, article twenty, section twenty-six of the code of West
Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Ron Yost Personal
Assistance Services Program, submitting its annual report, in
accordance with chapter eighteen, article ten-l, section seven of
the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the Water Development
Authority, submitting its annual report as required by chapter
twenty-two-c, article one, section seventeen of the code of West
Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the West Virginia
State Police, submitting its annual report on its effectiveness in
recruiting minorities and females, in accordance with chapter fifteen, article two, section seven of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Affordable Housing Trust Fund, submitting its annual report as
required by chapter thirty-one, article eighteen-d, section
thirteen of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Board of Medicine, submitting its annual report, in accordance
with chapter thirty, article three, section seven of the code of
West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Board of Registration for Professional Engineers, submitting
its annual report as required by chapter thirty, article thirteen,
section ten of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Bureau of Senior Services, submitting its annual report, in
accordance with chapter sixteen, article five-p, section fourteen
of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Commercial Motor Vehicle Weight and Safety Enforcement Advisory
Committee, submitting its annual report as required by chapter
twenty-four-a, article one-a, section two of the code of West
Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Department of Environmental Protection, submitting its biennial
groundwater report, in accordance with chapter twenty-two, article
twelve, section six of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Office of the Insurance Commissioner, submitting its schedule
of maximum fees paid to providers of medical services rendered to
workers with compensable injuries as required by chapter twenty-
three, article four, section three of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and
joint resolution 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. 214--A Bill to amend and reenact §11-24-3 of
the Code of West Virginia, 1931, as amended, relating to updating
the meaning of federal taxable income and certain other terms used
in the West Virginia Corporation Net Income Tax Act; and specifying
effective dates.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 215--A Bill to amend and reenact §61-2-10b of
the Code of West Virginia, 1931, as amended, relating to expanding
certain crimes against governmental representatives and health care
providers to include unlawful acts against volunteer firefighters,
emergency medical technicians and persons employed by or under
contract with an emergency medical services provider.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 216--A Bill to amend and reenact §11-21-9 of
the Code of West Virginia, 1931, as amended, relating to updating
the meaning of federal adjusted gross income and certain other
terms used in the West Virginia Personal Income Tax Act; and
specifying effective dates.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 217--A Bill to amend and reenact §18-9A-8a of
the Code of West Virginia, 1931, as amended, relating to providing
flexibility in the West Virginia public school support plan for
funding regional education service agencies; and capping
appropriations for the yearly foundation allowance for regional
education service agencies at $4.2 million.
Referred 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. 218--A Bill to amend and reenact §62-12-13 of
the Code of West Virginia, 1931, as amended, relating to
accelerated parole eligibility for certain inmates who complete an
advanced rehabilitation treatment plan created with the assistance
of a standardized risk and needs assessment; authorizing the Parole
Board and the Division of Corrections to propose joint rules for
legislative approval; and making technical corrections.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 219--A Bill to amend and reenact §5A-1-2; §5A-1-48 and §5A-1-49 of the Code of West Virginia, 1931, as amended;
all relating to the management of motor vehicles and aircraft owned
or possessed by the state; authorizing the establishment of the
Fleet Management Office within the Department of Administration;
authorizing the Secretary of the Department of Administration to
promulgate emergency rules; and repealing certain exemptions to
rules pertaining to vehicles and aircraft owned or possessed by the
state.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 220--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §13-4-1 and §13-4-2, all relating generally to federal
subsidy bonds and bond financing; defining terms; authorizing
certain bond issuers to receive credit payments with respect to
federal subsidy bonds; and exempting the bonds from taxation.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 221--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §8-12-16c, relating to authorizing any municipality to enact by ordinance a vacant property registration program;
authorizing the assessment and collection of registration fees; and
requiring certain procedures for administration and enforcement.
Referred to the Committee on Government Organization.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 222--A Bill to amend and reenact §11-10-5t and
§11-10-5z of the Code of West Virginia, 1931, as amended; to amend
and reenact §11-13V-7 of said code; and to amend and reenact §11-
21-54 and §11-21-74 of said code, all relating to electronic filing
of tax returns and electronic funds transfers in payment of taxes;
requiring taxpayers with a tax liability of $10,000 or more to file
electronically; requiring electronic filing for certain tax
preparers and employers; providing exceptions; and providing a
$10,000 tax liability threshold amount to require taxpayers to pay
by electronic funds transfers.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 223--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §3-10-3a, relating to the establishment of the Judicial
Vacancy Advisory Commission; providing for commission membership
and terms of appointment; requiring written policies and procedures of the commission; establishing a quorum requirement; requiring
that certain proceedings of the commission be open to the public;
requiring the disclosure of certain documents or materials;
exempting certain meetings from the Open Governmental Proceedings
Act; and exempting certain documents and materials from the Freedom
of Information Act.
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 Joint Resolution No. 11--Proposing an amendment to the
Constitution of the State of West Virginia, amending article X
thereof by adding thereto a new section, designated section one-d,
relating to authorizing the exemption from ad valorem taxation of
tangible personal property directly used in commercial and
industrial businesses; numbering and designating such proposed
amendment; and providing a summarized statement of the purpose of
such proposed amendment.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
Senators Sypolt, Williams and Jenkins offered the following
resolution:
Senate Resolution No. 3--Commemorating the life of Mineral
County native Donald Matthew Redman, famous jazz musician, arranger and composer and celebrating his 2009 induction into the West
Virginia Music Hall of Fame.
Whereas, Donald Matthew Redman was born July 29, 1900, in
Piedmont, Mineral County, West Virginia; and
Whereas, Donald Matthew Redman began playing trumpet at age 3,
joined his first band at age 6 and by age 12 was proficient in all
wind instruments and the piano; and
Whereas, At the age of 20, Donald Matthew Redman earned a
music degree from Storer's College, a prestigious black college in
Harpers Ferry; and
Whereas, Donald Matthew Redman went on to study at
conservatories in Boston and Detroit before joining Billy Paige's
Broadway Syncopators in New York City in 1922, where he soon began
writing arrangements; and
Whereas, While in New York City, Donald Matthew Redman
recorded sessions with famed jazz musicians such as Duke Ellington
and Louis Armstrong and became a major figure in the American jazz
scene; and
Whereas, Donald Matthew Redman is credited with creating the
sound that was to become the big band Swing, an innovative style
that helped shape American and world music history; and
Whereas, Donald Matthew Redman's importance in the formulation
of hot jazz in the 1920s will be forever remembered through his
sophisticated and highly innovative compositions, which set the tone for big band jazz writing for many decades; and
Whereas, Sadly, Donald Matthew Redman passed away November 30,
1964, leaving behind a legacy that will be cherished forever
through his music; and
Whereas, In 2009, Donald Matthew Redman was honored for his
musical mastery by being inducted into the West Virginia Music Hall
of Fame; therefore, be it
Resolved by the Senate:
That the Senate hereby commemorates the life of Mineral County
native Donald Matthew Redman, famous jazz musician, arranger and
composer and celebrates his 2009 induction into the West Virginia
Music Hall of Fame; and, be it
Further Resolved, That the Senate acknowledges the many
important contributions to field of music made by Mineral County
native Donald Matthew Redman; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the representatives from Mineral
County.
At the request of Senator Sypolt, 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.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, January 15, 2010, at 10 a.m.
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