sdj-108th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
EXTENDED SESSION, 2009
ONE HUNDRED EIGHTH DAY
____________
Charleston, W. Va., Friday, May 29, 2009
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable Brooks F. McCabe, Jr., a
senator from the seventeenth district.
Pending the reading of the Journal of Thursday, May 28, 2009,
On motion of Senator Green, 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 Stollings, from the Committee on Confirmations,
submitted the following report, which was received:
Your Committee on Confirmations has had under consideration
Senate Executive Message No. 12, dated May 27, 2009,
requesting confirmation by the Senate of the nominations mentioned
therein. The following list of names from Executive Message No. 2
is submitted:
1. For Executive Officer, Center for Professional
Development Board, Dr. Dixie Billheimer, Huntington, Cabell County,
to serve at the will and pleasure of the Governor.
2. For Member, Broadband Deployment Council, Tony Sereda,
Broadview Heights, Ohio, for the term ending December 12, 2011.
3. For Member, Consolidated Public Retirement Board, Andrew
Richardson, Charleston, Kanawha County, for the term ending June
30, 2010.
4. For Member, Shepherd University Board of Governors, Dr.
John Younis, Shepherdstown, Jefferson County, for the term ending
June 30, 2012.
5. For Member, Shepherd University Board of Governors,
Veronique Walker, Martinsburg, Berkeley County, for the term ending
June 30, 2010.
6. For Member, Shepherd University Board of Governors, Lacy
Rice III, Washington, D. C., for the term ending June 30, 2012.
7. For Member, Bluefield State College Board of Governors,
Anne Taylor, Princeton, Mercer County, for the term ending June 30,
2012.
8. For Member, West Virginia University Institute of
Technology Community and Technical College Board of Governors, The
Honorable Mike Burdiss, Mullens, Wyoming County, for the term
ending June 30, 2012.
9. For Member, Real Estate Appraiser Licensing and Certification Board, Dale Clowser, Charleston, Kanawha County, for
the term ending June 30, 2010.
10. For Member, Real Estate Appraiser Licensing and
Certification Board, Mary Beth Aliveto, Bridgeport, Harrison
County, for the term ending June 30, 2010.
11. For Member, Pierpont Community and Technical College
Board of Governors, Rick Pruitte, Fairmont, Marion County, for the
term ending June 30, 2010.
12. For Member, Aeronautics Commission, Ben Mallory, South
Charleston, Kanawha County, for the term ending June 30, 2012.
13. For Member, Aeronautics Commission, Eldon J. Haught,
Smithville, Ritchie County, for the term ending June 30, 2012.
14. For Member, Board of Examiners of Psychologists, Reverend
Jude Molnar, Fairmont, Marion County, for the term ending June 30,
2011.
15. For Member, Board of Examiners of Psychologists, Toni
Parsons, Morgantown, Monongalia County, for the term ending June
30, 2011.
16. For Member, Board of Examiners of Psychologists, William
Brezinski, Athens, Mercer County, for the term ending June 30,
2011.
17. For Member, Public Employees Grievance Board, Bill
Bissett, Huntington, Cabell County, for the term ending June 30,
2010.
18. For Member, Racing Commission, Joe Smith, Charleston,
Kanawha County, for the term ending April 1, 2012.
19. For Member, Racing Commission, Greg McDermott, Wheeling,
Ohio County, for the term ending April 1, 2012.
20. For Member, Racing Commission, Jack Rossi, Charleston,
Kanawha County, for the term ending April 1, 2012.
21. For Member, Contractor Licensing Board, The Honorable
John Pino, Oak Hill, Fayette County, for the term ending June 30,
2009.
22. For Member, Probable Cause Review Board, Michael Kawash,
Charleston, Kanawha County, for the term ending June 30, 2009.
23. For Member, Board of Examiners for Licensed Practical
Nurses, Francine Kirby, Princeton, Mercer County, for the term
ending June 30, 2012.
24. For Member, Board of Examiners for Licensed Practical
Nurses, Orpha Swiger, Clarksburg, Harrison County, for the term
ending June 30, 2012.
25. For Member, Board of Examiners for Licensed Practical
Nurses, Ben Vincent, Heaters, Braxton County, for the term ending
June 30, 2009.
26. For Member, Board of Examiners for Licensed Practical
Nurses, Gregory Chiartas, Charleston, Kanawha County, for the term
ending June 30, 2012.
27. For Member, Board of Examiners for Licensed Practical Nurses, Vicki Jenkins, Martinsburg, Berkeley County, for the term
ending June 30, 2013.
28. For Member, Board of Examiners for Licensed Practical
Nurses, Vickie Sue Bennett, Belington, Barbour County, for the term
ending June 30, 2011.
And reports the same back with the recommendation that the
Senate do advise and consent to all of the nominations listed
above.
Respectfully submitted,
Ron Stollings,
Chair.
__________
The time having arrived for the special order of business to
consider the list of nominees for public office submitted by His
Excellency, the Governor, the special order thereon was called by
the President.
Thereupon, Senator Tomblin (Mr. President) laid before the
Senate the following executive message:
Senate Executive Message No. 12, dated May 27, 2009 (
shown in
the Senate Journal of that day, pages 53 through 56, inclusive).
Senator Stollings then moved that the Senate advise and
consent to the executive nominations referred to in the foregoing
report from the Committee on Confirmations.
The question being on the adoption of the aforestated motion by Senator Stollings,
The roll was then taken; and
On this question, the yeas were: Boley, Bowman, Browning,
Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Barnes--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the aforestated
motion by Senator Stollings had prevailed.
__________
Consideration of executive nominations having been concluded,
Without objection, the Senate returned to the third order of
business.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the reconsideration, amendment and
passage as amended, by a vote of a majority of all the members
elected to the House of Delegates, as a result of the objections of
the Governor, of
Enr. Com. Sub. for Com. Sub. for Senate Bill No. 239, Allowing
majority vote for certain metro government approval.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the reconsideration, amendment and
passage as amended, by a vote of a majority of all the members
elected to the House of Delegates, as a result of the objections of
the Governor, of
Enr. Com. Sub. for Com. Sub. for Senate Bill No. 414, Creating
Governor's Office of Health Enhancement and Lifestyle Planning.
A message from The Clerk of the House of Delegates announced
the amendment by that body in the reconsideration, passage as
amended with its House of Delegates amended title, by a vote of a
majority of all the members elected to the House of Delegates, of
a bill disapproved and returned by the Governor with his
objections, and requested the concurrence of the Senate in the
House of Delegates amendment to the Senate amendments, as to
Enr. Com. Sub. for Senate Bill No. 501, Prohibiting animal gas
chamber euthanasia.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the Senate
amendments to the bill was reported by the Clerk:
By striking out the title and substituting therefor a new
title, to read as follows:
Enr. Com. Sub. for Senate Bill No. 501--An Act to amend and
reenact §7-10-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §19-20-8 of said code; and to amend and reenact
§30-10A-4, §30-10A-6 and §30-10A-8 of said code, all relating to
euthanizing animals; prohibiting the euthanizing of animals by use
of a gas chamber and providing an exception thereto; requiring all
persons or entities performing animal euthanasia to register with
the Board of Veterinary Medicine; allowing animal euthanasia
technicians to administer sedatives and tranquilizers; and
directing the Board of Veterinary Medicine to promulgate emergency
rules.
On motion of Senator Chafin, the Senate concurred in the
foregoing House of Delegates amendment to the Senate amendments to
the bill.
Enrolled Committee Substitute for Senate Bill No. 501, as
amended, was then put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Barnes and Oliverio--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Enr. Com. Sub. for S. B. No. 501) passed with its House of Delegates
amended title, as amended, as a result of the objections of the
Governor.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the reconsideration, amendment and
passage as amended, by a vote of a majority of all the members
elected to the House of Delegates, as a result of the objections of
the Governor, of
Enr. Senate Bill No. 528, Relating to certain fees collected
by county clerks.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the reconsideration, amendment and
passage as amended, to take effect from passage, by a vote of a
majority of all the members elected to the House of Delegates, as
a result of the objections of the Governor, of
Enr. Com. Sub. for Senate Bill No. 695, Relating to payment
for certain state employees' unused sick leave.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the reconsideration, amendment and
passage as amended, by a vote of a majority of all the members
elected to the House of Delegates, as a result of the objections of
the Governor, of
Enr. Com. Sub. for Senate Bill No. 715, Establishing
Chesapeake Bay Restoration Initiative.
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Saturday, May 30, 2009, at 11 a.m.
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