sdj-13th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2009
THIRTEENTH DAY
____________
Charleston, W. Va., Monday, February 23, 2009
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend William Wagner, Oceana
First Church of God, Oceana, West Virginia.
Pending the reading of the Journal of Friday, February 20,
2009,
On motion of Senator Prezioso, 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 Legislative
Oversight Committee on the Regional Jail and Correctional Facility
Authority, submitting its annual report, in accordance with chapter
thirty-one, article twenty, section twenty-six 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 Oliverio and Chafin:
Senate Bill No. 322--A Bill to amend and reenact §9-5-11 of
the Code of West Virginia, 1931, as amended, relating to exempting
life insurance policies with a death benefit of $25,000 or less
from assignment by Medicaid recipients to the Department of Health
and Human Resources.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Williams, Unger and Sypolt:
Senate Bill No. 323--A Bill to amend and reenact §48-5-510 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§48-7-101 of said code; and to amend and reenact §48-8-103 and
§48-8-105 of said code, all relating to excluding disability income
received by a veteran from the United States Department of
Veterans' Affairs for service-related injuries from any calculation
used to determine spousal support.
Referred to the Committee on Military; and then to the
Committee on the Judiciary.
By Senators Stollings, Green, Snyder, Hall, Bowman, Barnes,
Foster, D. Facemire, Jenkins and Chafin:
Senate Bill No. 324--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article,
designated §17-3B-1, relating to establishing an Innovative Highway
Projects Pilot Program; and creating a sunset for the program.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators McCabe, Tomblin (Mr. President), Foster, Caruth,
D. Facemire, Stollings and Unger:
Senate Bill No. 325--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §5B-7-1, §5B-7-2, §5B-7-3, §5B-7-4, §5B-7-5, §5B-7-6 and
§5B-7-7, all relating to the creation of the West Virginia Energy
Efficient Buildings Program concentrating on energy demand-side
management in private and public buildings; generating energy
savings; promoting more efficient use of the state's natural
resources; authorizing the West Virginia Development Office to
promulgate regulations; creating the West Virginia Energy Efficient
Buildings Public Sector Grant Fund and the West Virginia Energy
Efficient Buildings Private Sector Loan Revolving Fund;
establishing criteria for grants and loans from the funds; and
requiring annual reports to be provided to the Legislature.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senator Stollings:
Senate Bill No. 326--A Bill to amend and reenact §5-16-7 and §5-16-9 of the Code of West Virginia, 1931, as amended; to amend
said code by adding thereto a new section, designated §33-15-4j; to
amend said code by adding thereto a new section, designated
§33-16-3t; to amend said code by adding thereto a new section,
designated §33-24-7j; to amend said code by adding thereto a new
section, designated §33-25-8h; and to amend said code by adding
thereto a new section, designated §33-25A-8i, all relating to
mandating insurance coverage of dental anesthesia in certain
circumstances.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Jenkins and Plymale:
Senate Bill No. 327--A Bill to amend and reenact §17A-1-1 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§17A-3-4 of said code; and to amend and reenact §17A-3A-2 and
§17A-3A-3 of said code, all relating to registration and operation
of mini-trucks by municipalities; and defining terms.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Government
Organization.
By Senators Unger, Jenkins, Fanning, K. Facemyer, Plymale,
Stollings, D. Facemire, White, Barnes, Foster, McCabe and Chafin:
Senate Bill No. 328--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article, designated §31-15D-1, §31-15D-2, §31-15D-3, §31-15D-4, §31-15D-5,
§31-15D-6, §31-15D-7, §31-15D-8, §31-15D-9 and §31-15D-10, all
relating to establishment of the West Virginia Transportation
Infrastructure Bank; definitions; creating a governing board of the
bank; appointment, terms, qualifications, compensation and expenses
of board members; powers and duties of the bank; creating the West
Virginia Transportation Infrastructure Bank Fund; deposits and
capitalization; disbursements; subaccounts; requirements for loans
and other financial assistance from the bank; requirements for
applications for loans and other financial assistance and for
approval of qualified projects; finance agreements; payments and
repayments of loans; withholding of defaulted payments from funds
allotted or payable to a defaulting government unit; annual reports
to Governor and Legislature; annual audits of the bank; and
assistance of the Department of Transportation to the board.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 329--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 in the West Virginia Personal Income Tax Act in order for the
definitions to conform with the Internal Revenue Code's definitions.
Referred to the Committee on Finance.
By Senator Yost:
Senate Bill No. 330--A Bill to amend and reenact §17C-3-1 of
the Code of West Virginia, 1931, as amended, relating to requiring
the Division of Highways being required to include distance and
speed limits in kilometers on any traffic control devices that
provide a distance to a certain location in miles or speed limits
on particular rights-of-way that would otherwise have to be
replaced as needed.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
Senators Minard, D. Facemire, Plymale, Sypolt, Williams,
Foster and Unger offered the following resolution:
Senate Concurrent Resolution No. 9--Requesting the United
States Congress provide funding for the completion of Corridor H
from Elkins, Randolph County, to Washington, D. C.
Whereas, In order to achieve comprehensive economic
development and social growth, it is necessary to provide access to
this area of West Virginia; and
Whereas, The highway must be completed to facilitate safe and
effective transportation of goods and products through the area
while allowing for safe and convenient passage of new business
employees and customers alike; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the United States
Congress to provide funding for the completion of Corridor H from
Elkins, Randolph County, to Washington, D. C.; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the President of
the United States, United States Senators Robert C. Byrd and John
D. Rockefeller IV, United States Representatives Nick J. Rahall,
Alan B. Mollohan and Shelley M. Capito and the Governor.
Which, under the rules, lies over one day.
Senators Prezioso, Edgell, Foster, Kessler, Minard, Plymale,
Stollings, Jenkins, Unger and Chafin offered the following
resolution:
Senate Concurrent Resolution No. 10--Requesting the Joint
Committee on Government and Finance study safety issues surrounding
the delivery of services that occur during home visits conducted by
employees and contractors of the Department of Health and Human
Resources in the State of West Virginia.
Whereas, Delivery of in-home services by employees and
contractors of the Department of Health and Human Resources is
vital in many instances to the preservation of family units to
develop a safe and secure home environment for children and their
families; and
Whereas, The persons who provide home visits are dedicated and caring individuals that strive to ensure that families in need
receive high quality care to empower these families to become well
balanced and cohesive; and
Whereas, In many instances in the performance of the duties
necessary for a home visit, these individuals put their own
personal safety at risk; and
Whereas, On July 30, 2008, Brenda Yeager, a contract employee
of the Department of Health and Human Resources, made such a home
visit and was brutally attacked and murdered, raising the awareness
of the need to provide more effective personal safety of
individuals involved in this type of work; and
Whereas, Safety concerns for employees and contractors of the
Department of Health and Human Resources should be studied to gain
a full understanding of the scope of these home visits and to
identify safety issues and develop possible solutions; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study safety issues surrounding the delivery of
services that occur during home visits conducted by employees and
contractors of the Department of Health and Human Resources in the
State of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and
Finance seek input from the Department of Health and Human Resources and from private agency providers on safety concerns and
considerations; 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 Prezioso, Edgell, Foster, Kessler, Minard, Stollings,
Jenkins and Unger offered the following resolution:
Senate Concurrent Resolution No. 11--Requesting the Joint
Committee on Government and Finance reconstitute Select Committee
A on Children, Juveniles and Other Matters during the interim
period of the Seventy-Ninth Legislature.
Whereas, Select Committee A was appointed following the
conclusion of the 2005 regular session of the Seventy-Seventh
Legislature of West Virginia in response to a growing need for
immediate oversight of child welfare matters; and
Whereas, In its two-year history Select Committee A has begun
the process of a comprehensive review of the child welfare service delivery within the Bureau for Children and Families; and
Whereas, During the course of its work, Select Committee A has
been assigned to study the topics related to recruitment and
retention of Child Protective Service workers, a study of child
advocacy center criteria and other important issues related to the
protection of children and juveniles; and
Whereas, The efforts of Select Committee A have improved the
delivery of services of child welfare services; and
Whereas, Select Committee A had a strong interest in
continuing to address, among other matters, strengthening
investigation options in child abuse and neglect matters,
increasing penalties for individuals convicted of child abuse and
neglect and addressing the problem of drug and alcohol abuse by
parents relative to child abuse and neglect; and
Whereas, The provisions of legislation passed during a special
session of the Legislature called by Governor Joe Manchin in 2006
included the implementation of a Child Abuse Registry and the
development of a Special Victim's Unit within the State Police; and
Whereas, The work of Select Committee A should be continued to
provide continued protection to children and families during the
next interim period; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to reconstitute Select Committee A on Children, Juveniles and Other Matters during the interim period of the Seventy-Ninth
Legislature; and, be it
Further Resolved, That throughout the next interim period,
Select Committee A may seek collaboration with the Legislative
Oversight Committee on Regional Jails and Correctional Facility
Authority and request a joint meeting to address issues the two
committees may have in common; and, be it
Further Resolved, That the committee may request periodic
reports from appropriate state agencies, including, but not limited
to, the Division of Juvenile Services and the Bureau for Children
and Families within the Department of Health and Human Resources;
and, be it
Further Resolved, That Select Committee A 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 the legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators Unger, Snyder, Plymale, Sypolt and Chafin offered the
following resolution:
Senate Resolution No. 14--Recognizing Leadership Berkeley for its service, dedication and commitment to Berkeley County.
Whereas, The objective of Leadership Berkeley is to promote
knowledge and awareness of the problems, opportunities and issues
facing Berkeley County; and
Whereas, Leadership Berkeley is designed to provide a series
of educational and participatory experiences, as well as an
opportunity for dialogue and the development of a correlation among
participants in order to encourage local participation in the
growth of Berkeley County; and
Whereas, The membership of Leadership Berkeley includes
individuals from nearly every facet of Berkeley County's business,
professional, religious, governmental, educational, civic, the
arts, organized labor and minority organizations who demonstrate a
commitment to the community; and
Whereas, The 2009 membership of Leadership Berkeley consists
of Travis Barbee, Mid Atlantic Site Development, Inc.; Lisa Bivens,
Panhandle Home Health, Inc.; Patricia Bowers, CoxHollidaPrice, LLP;
Rhonda Bowers, Centra Bank; Barbara Bradley, Nutmeg Lodge; Valerie
Breeden, Mountain State University; James Brinkley, Daily Grind;
Aly Burkhart, Martinsburg-Berkeley County Parks & Recreation;
Kimberly Burkhart, Bureau of Alcohol, Tobacco, Firearms &
Explosives; Bryan Butler, Mid-Atlantic ProTel; Carol Cashwell, CNB
Bank, Inc.; Stephen Christian, Berkeley County Development
Authority; Brian DeLaCruz, Veterans Affairs Medical Center; Ronald Duncan, Sr., Veterans Affairs Medical Center; Angela Dunnigan,
Centra Bank; Rosa Eggleton, Telamon Corporation; Hans Fogle,
Prettyman Broadcasting; April Fox, First United Bank & Trust; James
Galovics, Department of Veterans Affairs; Lynn Gibson, Gibson &
Associates; Jonathan Hartiens, Veterans Affairs Medical Center;
Tammy Hefner, Bank of Charles Town; Ashlee Hutzler, United Bank;
Dustin Keefer, Multimedia Communications; Robyn Lopez, Berkeley
County Schools; Julia Ludwick, Verizon; Patricia Millard, Essroc
Italcementi Group; Ryan Perks, Alpha Associates, Inc.; Brian
Romine, CoxHollidaPrice, LLP; Megan Scott, Blue Ridge CTC; Leota
Shillingburg, Susquehanna Bank; Daniel Steerman, Blue Ridge CTC
John Swift, HiRock Land, LLC; and Anthony Zelenka, WVUH-East/City
Hospital; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes Leadership Berkeley for its
service, dedication and commitment to Berkeley County; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate officials of
Leadership Berkeley.
At the request of Senator Unger, 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
Senators Snyder and Unger presented a petition from Sandi
Poole and numerous Eastern Panhandle residents, requesting the
Legislature increase funding for the MARC train service.
Referred to the Committee on Transportation and
Infrastructure.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 8, Requesting Division of
Highways name bridge in Mullens, Wyoming County, "Charles V.
Stewart Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and 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 Senators White, Unger and Chafin.
Thereafter, at the request of Senator Stollings, and by
unanimous consent, the remarks by Senator White 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, Tuesday, February 24, 2009, at 11 a.m.
____________
Webmaster | © 2024 West Virginia Legislature **
