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WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2009
SEVENTH DAY
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Charleston, W. Va., Tuesday, February 17, 2009
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Richard G. Mahan, St.
Timothy Lutheran Church, Charleston, West Virginia.
Pending the reading of the Journal of Monday, February 16,
2009,
On motion of Senator Minard, the Journal was approved and the
further reading thereof dispensed with.
Senator Tomblin (Mr. President) presented a communication from
the Department of Revenue, submitting its annual preliminary
statewide aggregate tax revenue projection, in accordance with
chapter eleven, article one-c, section five 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 West Virginia Lottery, submitting its annual report as required by chapter twenty-nine, article twenty-two, section twenty of the
code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Senate proceeded to the fourth order of business.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 244, Relating to restrictions for certain
retired public employees' reemployment.
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 the Judiciary; and then to the
Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on the Judiciary; and then to the
Committee on Finance.
At the request of Senator Plymale, unanimous consent being
granted, the Senate returned to the second order of business and
the introduction of guests.
The Senate then 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 Unger, Chafin, Foster and Plymale:
Senate Bill No. 273--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §11-13Z-1 and §11-13Z-2; and to amend said code by
adding thereto a new section, designated §18B-10-7c, all relating
generally to incentives for the general education degree.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Sypolt and Williams:
Senate Bill No. 274--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18-5-9c, relating to allowing a county board of
education to enter into a lease-purchase agreement for land,
buildings and equipment.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Sypolt:
Senate Bill No. 275--A Bill to amend and reenact §5G-1-1, §5G-
1-2, §5G-1-3 and §5G-1-4 of the Code of West Virginia, 1931, as
amended, all relating to the State of West Virginia and its
political subdivisions procuring surveying services on the basis of demonstrated competence and qualification for the type of
professional services required.
Referred to the Committee on Government Organization.
By Senator Sypolt:
Senate Bill No. 276--A Bill to amend and reenact §55-2-6a of
the Code of West Virginia, 1931, as amended, relating to imposing
a statute of limitations for the bringing of any civil action
derived from the actual surveying of real property more than ten
years after the performance or furnishing of such services.
Referred to the Committee on the Judiciary.
By Senators Snyder and Unger:
Senate Bill No. 277--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-2-10, relating to taxation; count assessors;
requiring assessors to create a cost of housing index to be filed
annually with the Tax Commissioner and Legislature; and contents of
the index.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Minard:
Senate Bill No. 278--A Bill to amend and reenact §33-15E-15 of
the Code of West Virginia, 1931, as amended, relating to criminal
violations involving discount medical plan and discount
prescription drug plan organizations.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 279--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §15-5B-3a, relating generally to industrial accidents
and emergencies; requiring the reporting of certain industrial
emergencies to the Mine and Industrial Accident Emergency
Operations Center or local emergency telephone system operators;
requiring industrial facilities to provide certain information to
state and local emergency responders; granting state and local
officials access to the person or persons charged with managing an
industrial emergency and certain areas affected by the emergency;
authorizing the Director of the Division of Homeland Security and
Emergency Management to promulgate legislative rules establishing
a list of facilities subject to the requirements of this section;
providing for civil penalties; and authorizing the promulgation of
legislative rules.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Green, White and Chafin:
Senate Bill No. 280--A Bill to repeal §28-5B-1 of the Code of
West Virginia, 1931, as amended; and to amend said code by adding
thereto a new article, designated §25-7-1, §25-7-2, §25-7-3, §25-7-4, §25-7-5, §25-7-6, §25-7-7, §25-7-8, §25-7-9, §25-7-10, §25-7-11,
§25-7-12, §25-7-13, §25-7-14, §25-7-15, §25-7-16, §25-7-17, §25-7-
18 and §25-7-19, all relating to enacting the Correctional
Industries Act of 2009; modernizing the provisions of the Prison-
Made Goods Act of 1939; authorizing the creation of prison
industries enhancement programs provided by Title 18 U. S. C.
1761(c); and updating certain terms.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Green, White and Palumbo:
Senate Bill No. 281--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §49-5B-5a, relating to creating the Juvenile Services
Reimbursement Offender Fund.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
Senators Chafin, Williams, Foster, Unger and Plymale offered
the following resolution:
Senate Resolution No. 11--Recognizing Ed Evans of Mount View
High School in McDowell County as "America's Top Science Teacher".
Whereas, Ed Evans is a 29-year veteran school teacher from
McDowell County and was one of five national finalists competing
for the title of "America's Top Science Teacher"; and
Whereas, Ed Evans competed October 3-6, 2008, in the Discovery Education and 3M competition hosted by NASA's Goddard Space Flight
Center; and
Whereas, Ed Evans took his lifelong passion for science with
him to the competition; and
Whereas, Ed Evans prevailed in the competition and was named
"America's Top Science Teacher"; and
Whereas, Ed Evans is a model citizen and teacher, not only to
his students at Mount View High School in Welch, but to students
across the State of West Virginia; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes Ed Evans of Mount View High
School in McDowell County as "America's Top Science Teacher"; and,
be it
Further Resolved, That the Senate extends its congratulations
to Ed Evans for winning the competition; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to Ed Evans.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Petitions
Senator Stollings presented a petition from Lucinda Lambert
and twelve Mercer County Department of Health and Human Resources
employees, requesting a cost-of-living increase for state
employees.
Referred to the Committee on Finance.
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 Barnes.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, February 18, 2009, at 11 a.m.
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