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WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2009
THIRD DAY
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Charleston, W. Va., Friday, February 13, 2009
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Steven Smith, United
Disciples of Christ Church, Charleston, West Virginia.
Pending the reading of the Journal of Thursday, February 12,
2009,
On motion of Senator Foster, 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 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. 248--A Bill to amend and reenact §11-21-3 of
the Code of West Virginia, 1931, as amended, relating to the
expiration of the alternative minimum tax; and providing for the
expiration of the alternative minimum tax for tax years beginning
on and after January 1, 2010.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 249--A Bill to amend and reenact §18-5-45 of
the Code of West Virginia, 1931, as amended, relating to the annual
school calendar; providing that the instructional term shall
commence on August 21; allowing county boards to extend the
instructional term to June 13 if one hundred eighty separate
instructional days have not occurred on or before June 8; and
providing for the scheduling of additional noninstructional days
prior to the commencement of the instructional term.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Green, White, Palumbo, Jenkins and Facemire:
Senate Bill No. 250--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §31-20-5f, relating to inmate reimbursement to the
authority for medical services provided to persons held in regional
jails.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators McCabe, Green, Stollings, Plymale, Facemire,
Kessler and Bowman:
Senate Bill No. 251--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §13-2H-1, §13-2H-2, §13-2H-3, §13-2H-4, §13-2H-5,
§13-2H-6, §13-2H-7, §13-2H-8, §13-2H-9, §13-2H-10 and §13-2H-11;
and to amend and reenact §29-22C-27 of said code, all relating to
the authorization of municipalities, county commissions and certain
boards of education to issue revenue bonds secured by lottery
revenue for the purpose of acquiring or constructing public
projects.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Green, White, Palumbo and Stollings:
Senate Bill No. 252--A Bill to amend and reenact §29B-1-4 of the Code of West Virginia, 1931, as amended, relating to exemptions
from disclosure under the Freedom of Information Act.
Referred to the Committee on the Judiciary.
By Senators Green, White and Palumbo:
Senate Bill No. 253--A Bill to amend and reenact §62-8-1 and
§62-8-2 of the Code of West Virginia, 1931, as amended, all
relating to offenses by or against inmates; and penalties.
Referred to the Committee on the Judiciary.
By Senators Green, White, Palumbo, Stollings, Facemire and
Kessler:
Senate Bill No. 254--A Bill to amend and reenact §31-20-5d of
the Code of West Virginia, 1931, as amended, relating to providing
inmates a reduction in sentence for completion of education and
rehabilitation programs.
Referred to the Committee on the Judiciary.
Senators Fanning, Williams, Stollings, Plymale and Unger
offered the following resolution:
Senate Concurrent Resolution No. 5--Requesting the Joint
Committee on Government and Finance study deer/vehicle collisions
(DVC) in West Virginia and establish public-private partnerships
between the state and insurance companies to address and reduce DVC
and to fund DVC countermeasures.
Whereas, DVC across the United States, including West Virginia, are a significant and increasing safety problem; and
Whereas, Nationwide, an estimated 1.5 million DVC occur
annually, resulting in $1 billion to $2 billion in economic losses
(e.g., insurance claims, property damage, time off work, etc.),
29,000 personal injuries and more than 200 human fatalities; and
Whereas, In West Virginia, the number of white-tailed deer
reportedly killed by vehicles annually has risen substantially from
just over 2,000 in 1978 to just over 19,000 in the year 2007; and
Whereas, The DVC problem and its potential countermeasures are
complex, interdisciplinary issues with significant transportation
safety implication; and
Whereas, Numerous methods have been used to minimize DVC,
including in-vehicle technologies, deer whistles, roadway lighting,
speed limit reductions, deicing salt alternatives, deer-flagging
models, intercept feeding, passive deer crossing signs, dynamic
deer crossing signs and sensors, roadside reflectors and mirrors,
deer repellants, deer herd reduction, public information and
education, roadside vegetation management, exclusionary fencing,
wildlife crossings and roadway maintenance, design and planning
policies; and
Whereas, The efficacy of many of these DVC countermeasures has
proven to be ineffective. However, some of these measures show
promise and should be more fully evaluated using science-based research methodologies; and
Whereas, The complexity and interdisciplinary nature of the
DVC problem and its countermeasures require adequate research,
funding, development of effective partnerships and appropriate
exchange of information and technology; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study deer/vehicle collisions (DVC) in West Virginia
and establish public-private partnerships between the state and
insurance companies to address and reduce DVC and to fund DVC
countermeasures; and, be it
Further Resolved, That representatives from Rahall Appalachian
Transportation Institute at Marshall University, Division of
Forestry and Natural Resources at West Virginia University, West
Virginia Office of the Insurance Commissioner, West Virginia
Department of Transportation and West Virginia Division of Natural
resources and insurance companies from the state be appointed to
serve on a committee charged with investigating the wide range of
issues, concerns and contributing factors associated with DVC in
West Virginia; and, be it
Further Resolved, That the committee prepare recommendations
designed to effectively reduce DVC and fund DVC countermeasures in
West Virginia; 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.
At the request of Senator Wells, unanimous consent being
granted, Senators Wells and Foster offered the following resolution
from the floor:
Senate Resolution No. 8--Designating Friday, February 13,
2009, as "Earned Income Tax Credit (EITC) Awareness Day".
Whereas, It is estimated that close to 25 percent of eligible
tax payers fail to claim the Earned Income Tax Credit; and
Whereas, Of those who do claim EITC, over 70 percent file
their tax returns through a paid tax preparer and pay fees up to
more than $2 billion annually; and
Whereas, In 2007, through the use of Volunteer Income Tax
Assistance (VITA) free preparation sites, West Virginia families
received over $6.6 million in EITC refunds and more than $24 million in total refunds; and
Whereas, In West Virginia, nearly 30,000 free returns were
completed at VITA sites in 2007, an increase of nearly 30 percent
over 2006; and
Whereas, In 2008, more than 400 volunteers will run 87 VITA
sites at locations across the state; and
Whereas, West Virginia is the only state to provide statewide
coverage and involvement in every county; therefore, be it
Resolved by the Senate:
That the Senate hereby designates Friday, February 13, 2009,
as "Earned Income Tax Credit (EITC) Awareness Day"; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to representatives of Earned Income Tax
Credit (EITC) Awareness Day.
At the request of Senator Wells, 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.
Petitions
Senator Jenkins presented a petition from Pat Chapman and thirty-one West Virginia residents, opposing proposed changes to
Public Employees Insurance Agency benefits.
Referred to the Committee on Finance.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 3, Urging Congress implement
Homeowners and Bank Protection Act.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Banking and
Insurance.
Senate Concurrent Resolution No. 4, Requesting Joint Committee
on Government and Finance study gray energy research benefits.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Energy,
Industry and Mining; and then to the Committee on Rules.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Caruth and Chafin.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Palumbo, the name of Senator Palumbo
was removed as a sponsor of
Senate Bill No. 252 (Exempting certain
disclosures under Freedom of Information Act) and
Senate Bill No.
253 (
Relating to certain sexual offenses by or against inmates).
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
Monday, February 16, 2009, at 11 a.m.
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