sdj-31st day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2009
THIRTY-FIRST DAY
____________
Charleston, W. Va., Friday, March 13, 2009
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Brandon Moll, First United
Methodist Church, Webster Springs, West Virginia.
Pending the reading of the Journal of Thursday, March 12,
2009,
On motion of Senator Hall, 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 third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2795--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §20-2-46f, relating to wildlife resources; and creating a special hunting and fishing license for persons with a
life-threatening condition who are under twenty-one years of age.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2841--A Bill to extend the time for the
city council of the city of Richwood, Nicholas County, to meet as
a levying body for the purpose of presenting to the voters of the
city an election to supplement current funds for general repair of
existing streets and alleys, acquisition of rights-of-way and
construction of new streets, for services related to the protection
against loss by fire, street maintenance, and for police protection
for the city of Richwood and for payment of any obligation by the
city due to higher costs and for the purpose of paying all costs
incurred in the laying of this additional levy from between the
seventh and twenty-eighth days of March and the third Tuesday in
April until May 31, 2009.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2931--A Bill to amend and reenact §11-13A-3b of the Code of West Virginia, 1931, as amended; and to
amended and reenact §11-13V-4 of said code, all relating to
removing a severance tax on timber for tax years 2010 through 2013,
inclusive.
Referred to the Committee on Finance.
On motion of Senator Chafin, the Senate recessed for five
minutes to permit Katie Dean to address the Senate on behalf of the
Frasure-Singleton Student Legislative Program.
Upon expiration of the recess, the Senate reconvened.
Thereafter, at the request of Senator Minard, and by unanimous
consent, the remarks by Katie Dean were ordered printed in the
Appendix to the Journal.
The Senate then resumed business under the third order.
Executive Communications
Senator Tomblin (Mr. President) laid before the Senate the
following communication from His Excellency, the Governor,
consisting of an executive nomination for appointee:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 12, 2009
Senate Executive Message No. 4
TO: The Honorable Members of the
West Virginia Senate
Ladies and Gentlemen:
I respectfully submit the following nomination for your advice
and consent:
1. For Commissioner, Division of Banking, Sara Cline,
Charleston, Kanawha County, to serve at the will and pleasure of
the Governor.
Notice of this appointment was previously provided to the
appropriate legislative staff at the time the appointment was made.
Sincerely,
Joe Manchin III,
Governor.
Which communication was referred to the Committee on
Confirmations and incorporated with the executive nominations
received earlier this session; all to be considered as a special
order of business for Saturday, April 11, 2009, at 11 a.m.
The Senate proceeded to the fourth order of business.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 280, Creating Correctional Industries Act of
2009.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 280 (originating in the Committee on the Judiciary)--A Bill to repeal §28-5B-1, §28-5B-2,
§28-5B-3, §28-5B-4, §28-5B-5, §28-5B-6, §28-5B-7, §28-5B-8, §28-5B-
9, §28-5B-10, §28-5B-11, §28-5B-12, §28-5B-13, §28-5B-14, §28-5B-
15, §28-5B-16, §28-5B-17 and §28-5B-18 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 and §25-7-17, all
relating to enacting the Correctional Industries Act of 2009;
authorizing the Commissioner of the Division of Corrections to
enter into correctional industries contracts, develop a marketing
plan, create catalogues and a web site and determine prices;
purchasing inmate-made articles and products by state agencies
mandatory; exceptions; creating the Correctional Industries Account
and the Construction and Operations Account; prohibiting sale of
inmate-made goods on the open market; penalties; exceptions;
authorizing the establishment of prison industry enhancement
certification programs pursuant to Title 18 U. S. C. §1761(c);
providing for agreements between private entities and the
commissioner or the director of the Division of Juvenile Services
to establish the federal programs; providing for the contents of
the agreements; and updating certain terms.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on the Judiciary.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 302, Expanding municipal parking authority
officers' ticketing powers.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 321, Modifying certificate of need process.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 321 (originating in the
Committee on Health and Human Resources)--A Bill to amend and
reenact §16-2D-2, §16-2D-3, §16-2D-4, §16-2D-5 and §16-2D-7 of the
Code of West Virginia, 1931, as amended, all relating generally to
the certificate of need process; eliminating certain services of
certificate of need review; defining terms; raising the expenditure
minimum amount for a capital expenditure and major medical
equipment threshold; eliminating archaic language; providing for
legislative rule-making authority; setting forth standards for when
certain ambulatory health care facilities are not subject to
certificate of review; providing that electronic health records are
not subject to certificate of review; providing that nonhealth-
related projects are subject to certificate of review; and
modifying the fee structure for certificate of review by setting
forth a capitated amount for certificate of need fees.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing
report from the Committee on Health and Human Resources.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 338, Creating additional seventeenth judicial
circuit court judge.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 384, Authorizing Department of Transportation
take control of certain highway emergencies.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 384 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend
and reenact §29-3A-1 of the Code of West Virginia, 1931, as
amended, relating to authority to control an emergency scene on
state highways.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Jenkins, from the Committee on Interstate Cooperation,
submitted the following report, which was received:
Your Committee on Interstate Cooperation has had under
consideration
Senate Bill No. 479, Relating to Streamlined Sales and Use Tax
Agreement.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Evan H. Jenkins,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 497, Relating to WV Partnership to Promote
Community Well-Being.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on the Judiciary.
Senator Jenkins, from the Committee on Interstate Cooperation,
submitted the following report, which was received:
Your Committee on Interstate Cooperation has had under
consideration
Senate Bill No. 515, Creating Uniform Adult Guardianship and
Protective Proceedings Jurisdiction Act.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Evan H. Jenkins,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Browning, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Resolution No. 24, Expressing will of Senate regarding
economic recovery plan spending.
And has amended same.
And reports the same back with the recommendation that it be
adopted, as amended.
Respectfully submitted,
Richard Browning,
Chair.
Senator Jenkins, from the Committee on Interstate Cooperation,
submitted the following report, which was received:
Your Committee on Interstate Cooperation has had under
consideration
Eng. Com. Sub. for House Bill No. 2685, Amending the Uniform
Principal and Income Act.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; 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,
Evan H. Jenkins,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on the Judiciary; and then to the
Committee on Finance, with an amendment from the Committee on
Interstate Cooperation pending.
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 Guills, Caruth, Kessler, Bowman and Foster:
Senate Bill No. 575--A Bill to amend and reenact §29-25-1,
§29-25-2, §29-25-3, §29-25-5, §29-25-6, §29-25-8, §29-25-9, §29-25-
11, §29-25-12, §29-25-13, §29-25-16, §29-25-17, §29-25-18, §29-25-
19, §29-25-20, §29-25-21, §29-25-22, §29-25-23, §29-25-24, §29-25-
25 and §29-25-26 of the Code of West Virginia, 1931, as amended;
and to amend said code by adding thereto twelve new sections,
designated §29-25-22a, §29-25-28, §29-25-29, §29-25-30, §29-25-31,
§29-25-32, §29-25-33, §29-25-34, §29-25-35, §29-25-36, §29-25-37
and §29-25-38 of said code, all relating to criminal offenses and
penalties; suspension, revocation and denial of licenses; imposition of civil penalties; creating a Human Resource Benefit
Fund; establishing fees; and other modifications necessary to bring
conformity to one historic resort hotel with a gaming facility
license and up to four pari-mutuel racetracks in the state with
gaming licenses.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Boley:
Senate Bill No. 576--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §18-5B-1, §18-5B-2, §18-5B-3, §18-5B-4, §18-5B-5,
§18-5B-6, §18-5B-7 and §18-5B-8, all relating to voluntary student
expression of religious viewpoints in public schools.
Referred to the Committee on Education; and then to the
Committee on the Judiciary.
By Senators Bowman, Foster, Jenkins, Snyder, Kessler, Plymale
and Stollings:
Senate Bill No. 577--A Bill to repeal §7-4-6a of the Code of
West Virginia, 1931, as amended; and to amend and reenact §7-4-6 of
said code, relating to the West Virginia Prosecuting Attorneys
Institute; increasing the size of the executive council; allowing
the appointment of special prosecutors in matters of juvenile
delinquency and abuse and neglect; and repealing outdated section
that continued the Prosecuting Attorneys Institute.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Barnes:
Senate Bill No. 578--A Bill to amend and reenact §21-5A-5 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §21-5A-10a, all
relating to calculating the West Virginia prevailing wage on
federally funded construction projects to be identical to the
methodology used in the federal Davis-Bacon Act; and exempting
projects that are less than $250,000 from the State of West
Virginia prevailing wage.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Chafin and Green:
Senate Bill No. 579--A Bill to amend and reenact §18-5-18a of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §18A-4-8, §18A-4-8a and §18A-4-8b of said code, all
relating to pupil-teacher ratios; providing for additional payment
to classroom aides in prekindergarten or kindergarten classes for
any pupils over the twenty maximum pupil-teacher ratios;
establishing a pupil-teacher ratio of twenty to one in all
prekindergarten classes; creating two new job titles pf "bus
operator II" and "bus operator III"; increasing the service
personnel pay scales; upgrading the pay grades of certain aids, bus operators, cooks and custodians; and use of seniority in certain
positions.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Jenkins:
Senate Bill No. 580--A Bill to amend and reenact §23-2-1 of
the Code of West Virginia, 1931, as amended, relating to workers'
compensation; and providing that taxicab companies may be excluded
from liability by producing evidence of liability insurance and
insurance for accidental death and dismemberment.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Laird, Stollings, Foster, Prezioso, White,
Kessler, Plymale and Jenkins:
Senate Bill No. 581--A Bill to amend and reenact §16-21-1 of
the Code of West Virginia, 1931, as amended, relating to blood
donations by persons age sixteen with parental consent.
Referred to the Committee on the Judiciary.
By Senators Palumbo, Foster, Wells and Stollings:
Senate Bill No. 582--A Bill to amend and reenact §5A-3-48 of
the Code of West Virginia, 1931, as amended, relating to requiring
the Secretary of Administration to promulgate rules for travel
reimbursement equal to the Internal Revenue Service optional
standard mileage rate used to calculate the deductible costs of operating an automobile for business purposes.
Referred to the Committee on Finance.
By Senators Palumbo, Wells, Foster and McCabe:
Senate Bill No. 583--A Bill to amend and reenact §17A-3-14 of
the Code of West Virginia, 1931, as amended, relating to motor
vehicle registration generally; providing for the issuance of a
special CAMC Women and Children's Hospital license plate; and
assessing a special initial application fee and a special annual
fee therefor.
Referred to the Committee on Transportation and
Infrastructure.
By Senators Foster, Plymale and Chafin:
Senate Bill No. 584--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5-10-22k; and to amend said code by adding thereto a
new section, designated §18-7A-26v, all relating to the Public
Employees Retirement System and the State Teachers Retirement
System; and providing for a one-time bonus payment for certain
annuitants.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Browning:
Senate Bill No. 585--A Bill to amend and reenact §22-15-7 of
the Code of West Virginia, 1931, as amended, relating to a person not in the business of hauling or disposing of solid waste who may
dispose of, in a landfill, an amount of residential solid waste up
to, but not to exceed, five hundred pounds free of all charges and
fees.
Referred to the Committee on the Judiciary.
By Senators Stollings, Foster, Unger and Jenkins:
Senate Bill No. 586--A Bill to amend and reenact §16-4C-6,
§16-4C-6b and §16-4C-8 of the Code of West Virginia, 1931 as
amended, all relating to the Emergency Medical Services Act;
providing rule-making authority for fees for certification and
recertification of emergency services personnel; providing for fees
for certification and recertification of emergency services
personnel to be deposited in the Emergency Medical Services Agency
Licensure Fund; requiring applicants for certification to submit to
a criminal history background check; prohibiting the release of
results of criminal history background check to or by private
entities; and establishing fees for certification and
recertification of emergency services personnel.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senator Bowman:
Senate Bill No. 587--A Bill to repeal §29-6-9a of the Code of
West Virginia, 1931, as amended; and to amend and reenact §29-6-2
of said code, relating to abolishing the State Personnel Advisory Council.
Referred to the Committee on Government Organization.
Senators Foster, Prezioso, Kessler, McCabe, Plymale,
Stollings, Chafin, Unger and Jenkins offered the following
resolution:
Senate Resolution No. 29--Designating the month of March,
2009, as "American Red Cross Month".
Whereas, The American Red Cross was founded in 1881 and
chartered by Congress in 1905; and
Whereas, The American Red Cross is recognized as a
humanitarian organization which provides compassionate care in
times of war and disaster; and
Whereas, The American Red Cross depends on the support of the
American people to sustain the Red Cross mission; and
Whereas, In 2008, more than 3,000 American Red Cross
volunteers from West Virginia responded to more than 850 disasters
statewide, assisted 2,300 military families through a wide variety
of support programs and trained more than 70,000 people in life-
saving courses such as CPR, First Aid and Water Safety; and
Whereas, The American Red Cross collects more than 25,000
pints of life-giving blood from generous West Virginia donors; and
Whereas, The American Red Cross could not provide its vital
services without contributions from the American people; therefore,
be it
Resolved by the Senate:
That the Senate hereby designates the month of March, 2009, as
"American Red Cross Month"; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate representatives of the
American Red Cross.
At the request of Senator Foster, 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 seventh order of business.
Senate Concurrent Resolution No. 23, Requesting Division of
Veterans Affairs name state veterans cemetery "The Donel Kinnard
Veterans Cemetery".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Military.
Senate Concurrent Resolution No. 24, Requesting Joint
Committee on Government and Finance study implementing year-round
school.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Education;
and then to the Committee on Rules.
Senate Concurrent Resolution No. 25, Requesting Division of
Highways name bridge in Boone County "Willis W. Elkins Memorial
Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Senate Concurrent Resolution No. 26, Requesting Joint
Committee on Government and Finance study coal industry tax burden.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Finance; and
then to the Committee on Rules.
Senate Resolution No. 23, Commemorating life of Thomas A.
Colley.
On unfinished business, coming up in regular order, was
reported by the Clerk.
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.
Thereafter, at the request of Senator Bowman, and by unanimous
consent, the remarks by Senators Chafin, Caruth and Oliverio were
ordered printed in the Appendix to the Journal.
Senate Resolution No. 28, Urging Congress pass Employee Free
Choice Act.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on the
Judiciary.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 238, Prohibiting
discrimination based upon age or sexual orientation.
On third reading, coming up in regular order, was read a third
time.
Senator Barnes requested unanimous consent that the bill lie
over one day, retaining its place on the calendar.
Which consent was not granted, Senator Kessler objecting.
Senator Barnes then moved that the bill lie over one day,
retaining its place on the calendar.
The question being on the adoption of the aforestated motion
by Senator Barnes, the same was put and did not prevail.
The question now being "Shall Engrossed Committee Substitute
for Senate Bill No. 238 pass?"
Pending extended discussion,
The question being "Shall Engrossed Committee Substitute for
Senate Bill No. 238 pass?"
On the passage of the bill, the yeas were: Bowman, Browning,
Chafin, Edgell, Fanning, Foster, Guills, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Prezioso, Snyder, Unger,
Wells, White, Williams, Yost and Tomblin (Mr. President)--23.
The nays were: Barnes, Boley, Caruth, Deem, D. Facemire, K. Facemyer, Green, Hall, Stollings and Sypolt--10.
Absent: Plymale--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 238) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Bowman, and by unanimous
consent, the remarks by Senator Kessler regarding the passage of
Engrossed Committee Substitute for Senate Bill No. 238 were ordered
printed in the Appendix to the Journal.
At the request of Senator Oliverio, unanimous consent being
granted, the remarks by Senator Wells regarding the passage of
Engrossed Committee Substitute for Senate Bill No. 238 were ordered
printed in the Appendix to the Journal.
At the request of Senator Wells, and by unanimous consent, the
remarks by Senator McCabe regarding the passage of Engrossed
Committee Substitute for Senate Bill No. 238 were ordered printed
in the Appendix to the Journal.
At the request of Senator Kessler, unanimous consent being
granted, the remarks by Senator Palumbo regarding the passage of
Engrossed Committee Substitute for Senate Bill No. 238 were ordered
printed in the Appendix to the Journal.
Eng. Com. Sub. for Senate Bill No. 318, Expanding Division of Protective Services' law-enforcement authority over state property
under certain circumstances.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Plymale--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 318) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 375, Relating to Office of
Coalfield Community Development master land use plans.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Plymale--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 375) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Senate Bill No. 344, Authorizing mental hygiene commissioners
sign readmission orders.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 445, Removing conservation supervisors'
election certification requirements.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 276, Imposing statute of
limitations on certain real property civil actions.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 418, Relating to municipalities'
fee requirements.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 466, Clarifying Division of Personnel's
functions.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 487, Relating to Division of Personnel
Director's qualifications.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The Senate proceeded to the twelfth order of business.
Remarks were by Senator Oliverio.
The Senate proceeded to the thirteenth order of business.
Senator Chafin called attention to Sunday, March 15, 2009,
being the birthday of the senator from Logan and on behalf of the
Senate extended felicitations and good wishes to Senator Tomblin
(Mr. President), with Senator Kessler leading the members in
singing "Happy Birthday".
On motion of Senator Chafin, a leave of absence for the day
was granted Senator Plymale.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
Monday, March 16, 2009, at 11 a.m.
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