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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2010

SIXTEENTH DAY

____________

Charleston, W. Va., Thursday, January 28, 2010

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

Prayer was offered by Pastor Ron McClung, Gateway Church, South Charleston, West Virginia.
Pending the reading of the Journal of Wednesday, January 27, 2010,
On motion of Senator Chafin, 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 that that body had agreed to the changed effective date to take effect July 1, 2010, of
Eng. House Bill No. 4040, Requiring county boards to adopt contingency plans designed to guarantee one hundred eighty separate days of instruction for students.
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. 4144--A Bill to repeal §30-10A-1, §30-10A- 2, §30-10A-3, §30-10A-4, §30-10A-5, §30-10A-6, §30-10A-7, §30-10A-8 and §30-10A-9 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-10-1, §30-10-2, §30-10-3, §30-10-4, §30-10-5, §30-10-6, §30-10-7, §30-10-8, §30-10-9, §30-10-10, §30-10-11, §30- 10-12, §30-10-13, §30-10-14, §30-10-15, §30-10-16, §30-10-17, §30- 10-18, §30-10-19 and §30-10-20; and to amend said code by adding thereto three new sections, designated §30-10-21, §30-10-22 and §30-10-23, all relating to the practice of veterinary medicine; continuing the Board of Veterinary Medicine; prohibiting the practice of veterinary medicine without a license; prohibiting the practice of veterinary technology with a certificate; prohibiting the practice of animal euthanasia without a registration; providing other applicable sections; providing definitions; providing for board composition; setting forth the powers and duties of the board; clarifying rule-making authority; continuing a special revenue account; establishing license, certificate and registration requirements; creating a scope of practice; establishing requirements for an animal euthanasia training program; creating a temporary permit; establishing renewal requirements; providing for exemptions from licensure; providing requirements for the display of a license; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; providing criminal penalties; providing for privileged communication; and providing that a single act is evidence of practice.
Referred to the Committee on Government Organization.
The Senate proceeded to the fourth order of business.
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. 4, Relating to CAMC Women and Children's Hospital license plate.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 4 (originating in the Committee on Transportation and Infrastructure)--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; providing for the issuance of special registration plates for registered nurses and licensed practical nurses; providing for the issuance of special registration plates for War on Terrorism Service Medal and the "War on Terrorism Service Medal" logo; providing for the issuance of a special registration plate bearing the inscription "In God We Trust"; providing for the issuance of a special Friends of Coal license plate; providing for the issuance of special Class G motorcycle registration plates to members of volunteer fire departments; and assessing a special initial application fee and a special annual fee therefor.
With the recommendation that the committee substitute do pass; but with the further recommendation that it first be referred to the Committee on Finance.
Respectfully submitted,
John R. Unger II,
Chair.
On motion of Senator Unger, the bill (Com. Sub. for S. B. No. 4) contained in the foregoing report from the Committee on Transportation and Infrastructure 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. 215, Creating offense of assaulting volunteer firefighters and emergency medical service employees.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 215 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended, relating to expanding certain crimes against governmental representatives and health care providers to include unlawful acts against paid or volunteer firefighters, emergency medical technicians, paramedics and persons employed by or under contract with an emergency medical services provider.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 232, Transferring certain requirements for redeeming delinquent land sales from county clerks to State Auditor.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 232 (originating in the Committee on Government Organization)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §11A-3-5a and §11A-3-5b; and to amend and reenact §11A-3-6, §11A-3-8, §11A-3-9, §11A-3-11, §11A-3-14, §11A-3- 15, §11A-3-16, §11A-3-18, §11A-3-19, §11A-3-20, §11A-3-21, §11A-3- 22, §11A-3-23, §11A-3-24, §11A-3-25, §11A-3-26, §11A-3-27, §11A-3- 28, §11A-3-29, §11A-3-30, §11A-3-31 and §11A-3-32 of said code, all relating to delinquent land sales by the sheriff; authorizing the State Auditor to perform certain duties for delinquent land sales by sheriff instead of the clerk of the county commission; raising fees; providing effective date; and allowing counties to retain duties for delinquent land sales by sheriff.
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,
Edwin J. Bowman,
Chair.
The bill (Com. Sub. for S. B. No. 232), under the original double committee reference, was then referred to the Committee on Finance.
Senator Green, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Bill No. 267, Authorizing DEP promulgate legislative rule relating to permits for construction and major modification of major stationary sources of air pollution for prevention of significant deterioration.
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,
Mike Green,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Green, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Bill No. 268, Authorizing DEP promulgate legislative rule relating to standards of performance for new stationary sources.
Senate Bill No. 269, Authorizing DEP promulgate legislative rule relating to permits for construction and major modification of major stationary sources of air pollution which cause or contribute to nonattainment.
Senate Bill No. 270, Authorizing DEP promulgate legislative rule relating to control of air pollution from hazardous waste treatment, storage and disposal facilities.
Senate Bill No. 271, Authorizing DEP promulgate legislative rule relating to acid rain provisions and permits.
Senate Bill No. 272, Authorizing DEP promulgate legislative rule relating to emission standards for hazardous air pollutants.
And,
Senate Bill No. 273, Authorizing DEP promulgate legislative rule relating to ambient air quality standards.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Mike Green,
Chair.
The bills, under the original double committee references, were then referred to 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. 339, Correcting invalid code reference related to voter registration list.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
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 Helmick, White, Minard, Unger and Kessler:
Senate Bill No. 368--A Bill to amend and reenact §5B-2-12 of the Code of West Virginia, 1931, as amended, relating to authorizing excess funds in the Courtesy Patrol Fund to be transferred back to the Tourism Promotion Fund.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Minard, Green and Helmick:
Senate Bill No. 369--A Bill to amend and reenact §22-6-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §22C-8-2 of said code; and to amended and reenact §22C-9-2 of said code, all relating to modifying the definitions of "shallow well" and "deep well" to allow a shallow well to be drilled deeper; and correcting antiquated language throughout.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on Finance.
By Senators McCabe, Green and Foster:
Senate Bill No. 370--A Bill to amend and reenact §22-12-9 of the Code of West Virginia, 1931, as amended, relating to the Groundwater Protection Fund; eliminating the $1 million cap on fees that can be collected and deposited into the fund; and correcting antiquated language throughout.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on Finance.
By Senators Prezioso, Oliverio and Unger:
Senate Bill No. 371--A Bill to repeal §30-3-18 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-3-2, §30-3-4, §30-3-5, §30-3-6 and §30-3-8 of said code, all relating to the Board of Medicine; defining terms; updating terminology; and eliminating archaic language.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Stollings, Jenkins, Unger, Foster and Edgell:
Senate Bill No. 372--A Bill to repeal §30-3-18 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-3-2, §30-3-4, §30-3-5, §30-3-6 and §30-3-8 of said code, all relating to the Board of Medicine; providing definitions and current terminology; and removing outdated language.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Prezioso, Minard and Foster:
Senate Bill No. 373--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §49-11-1, §49-11-2, §49-11-3, §49-11-4, §49-11-5, §49- 11-6, §49-11-7, §49-11-8, §49-11-9 and §49-11-10, all relating to establishing the Caregivers Consent Act; definitions; caregiver's consent for minor's health care; duty of health care facility or practitioner; affidavit of caregiver consent; revocation or termination of consent; good faith reliance on affidavit; exceptions to applicability; criminal penalty for false statement; and rule-making authority.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Foster:
Senate Bill No. 374--A Bill to amend and reenact §11-22-1 and §11-22-2 of the Code of West Virginia, 1931, as amended, all relating to limiting each county commission to imposing a mortgage recording tax of not more than $1 per $1,000.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senator Foster (By Request):
Senate Bill No. 375--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §39A-4-1, §39A-4-2, §39A-4-3, §39A-4-4, §39A-4-5, §39A- 4-6 and §39A-4-7, all relating to real property; enacting the Uniform Real Property Electronic Recording Act; providing for the recording of electronic real property documents by county clerks; and validity of real property documents with electronic signatures.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Minard, Jenkins, McCabe and Plymale:
Senate Bill No. 376--A Bill to amend and reenact §38-1-8a of the Code of West Virginia, 1931, as amended; and to amend and reenact §44-13-4a of said code, all relating to the gathering and reporting of residential mortgage foreclosure data and statistics; providing for the electronic reporting of such information directly to the Division of Banking by trustees; and providing that the county clerks shall submit a list of the reports of such foreclosures filed by trustees.
Referred to the Committee on Banking and Insurance.
By Senators Minard and McCabe:
Senate Bill No. 377--A Bill to amend and reenact §31A-2-4 of the Code of West Virginia, 1931, as amended, relating to the requirement of criminal background investigations, including fingerprint checks, through either the West Virginia State Police and the Federal Bureau of Investigation for every applicant seeking approval to charter and/or control a state bank, state credit union or a foreign bank state agency or representative office, every applicant seeking a license to engage in the business of money transmission, currency exchange or other activity regulated under article two, chapter thirty-two-a of said code, every applicant subject to the commissioner's supervision seeking a license to engage in the business of regulated consumer lending, mortgage lending or brokering, and every Division of Banking financial institutions regulatory employee applicant.
Referred to the Committee on the Judiciary.
By Senator Foster (By Request):
Senate Bill No. 378--A Bill to amend and reenact §8-18-10 of the Code of West Virginia, 1931, as amended, relating to providing a limitation on the lien created for municipal assessments.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senator Foster (By Request):
Senate Bill No. 379--A Bill to amend and reenact §38-2-32 of the Code of West Virginia, 1931, as amended, relating to mechanic's liens filed against corporations; and providing that the property of bona fide purchasers for value of real property is not subject to claims of mechanics or suppliers unless notice is filed in the county in which the property is located.
Referred to the Committee on the Judiciary.
By Senators Kessler, Unger, Yost, Bowman and Edgell:
Senate Bill No. 380--A Bill to amend and reenact §61-8-19a and §61-8-19b of the Code of West Virginia, 1931, as amended, all relating to providing the same protection from animal fighting to all animals; and extending the application of criminal penalties.
Referred to the Committee on the Judiciary.
By Senators Minard, Jenkins, McCabe, Oliverio and Plymale:
Senate Bill No. 381--A Bill to amend and reenact §31A-4-26 of the Code of West Virginia, 1931, as amended, relating to banking institutions; and the ability of employees of the Division of Banking to obtain credit.
Referred to the Committee on Banking and Insurance.
By Senators Minard, Helmick, Green, Bowman and Plymale:
Senate Bill No. 382--A Bill to amend and reenact §22-6-22 of the Code of West Virginia, 1931, as amended, relating to the reporting of certain geologic information obtained incidental to oil and gas drilling; requiring the filing of reports with the Department of Environmental Protection and the state Geological and Economic Survey; providing for the delivery of core samples and well cuttings to the state Geological and Economic Survey; and assuring the confidentiality of reports and other information provided.
Referred to the Committee on Energy, Industry and Mining.
By Senators Unger, Browning, Fanning, Jenkins, K. Facemyer, Stollings, Boley, White, Kessler, Hall, Williams, D. Facemire, Snyder, Sypolt, Oliverio, Minard, Yost, Plymale and Edgell:
Senate Bill No. 383--A Bill to amend and reenact §24-6-6b of the Code of West Virginia, 1931, as amended, relating to increasing the amount allocated from the wireless enhanced 911 fee to be deposited into the Enhanced 911 Wireless Tower Access Assistance Fund and distributed by the Public Service Commission to subsidize the construction of wireless towers; and providing definitions.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Foster:
Senate Bill No. 384--A Bill to repeal §39-4-1, §39-4-2, §39-4- 3, §39-4-4, §39-4-5, §39-4-6 and §39-4-7 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §39-4A-101, §39-4A-102, §39-4A- 103, §39-4A-104, §39-4A-105, §39-4A-106, §39-4A-107, §39-4A-108, §39-4A-109, §39-4A-110, §39-4A-111, §39-4A-112, §39-4A-113, §39-4A- 114, §39-4A-115, §39-4A-116, §39-4A-117, §39-4A-118, §39-4A-119, §39-4A-120, §39-4A-121, §39-4A-122, §39-4A-123, §39-4A-124, §39-4A- 125, §39-4A-126, §39-4A-127, §39-4A-128, §39-4A-129, §39-4A-130, §39-4A-131, §39-4A-132, §39-4A-133, §39-4A-134, §39-4A-135, §39-4A- 136, §39-4A-137, §39-4A-138, §39-4A-139, §39-4A-140, §39-4A-141, §39-4A-142, §39-4A-143 and §39-4A-144, all relating to repealing the Uniform Durable Power of Attorney Act; creating the Uniform Power of Attorney Act; providing a short title; definitions; applicability of the act; providing that the power of attorney is durable; execution and validity of power of attorney; nomination of conservator or guardian and relation of agent to court-appointed fiduciary; when power of attorney effective; termination of power of attorney or agent's authority; coagents and successor agents; reimbursement and compensation of agent; agent's acceptance and duties; and providing other specific instances where the power of attorney may apply.
Referred to the Committee on the Judiciary.
By Senators Minard, Jenkins, McCabe, Oliverio and Plymale:
Senate Bill No. 385--A Bill to amend and reenact §7-6-2 of the Code of West Virginia, 1931, as amended, relating to the need for a county depository to execute a bond only for public funds deposited in amounts exceeding the amount that is insured by an agency of the federal government.
Referred to the Committee on Banking and Insurance; and then to the Committee on Government Organization.
By Senators McCabe, Jenkins, Unger, Green, Williams, Boley, Yost, Snyder, Kessler and Prezioso:
Senate Bill No. 386--A Bill to amend and reenact §15-2-3 of the Code of West Virginia, 1931, as amended, relating to the structure of the West Virginia State Police; and increasing the number of troopers.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Minard, Jenkins, McCabe, Williams and Plymale:
Senate Bill No. 387--A Bill to amend and reenact §46A-4-102 of the Code of West Virginia, 1931, as amended, relating to providing that mortgage loan originators employed by regulated consumer lenders must be licensed or registered with the Nationwide Mortgage Licensing System and Registry; and requiring regulated consumer lenders provide notice of change of ownership and/or control of such institutions to the West Virginia Division of Banking.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
Senators Tomblin (Mr. President), Oliverio, Minard, Jenkins, Unger, Green, Williams, Kessler, Plymale, Prezioso and Foster offered the following resolution:
Senate Resolution No. 8--Designating January 28, 2010, as "West Virginia Press Association Day".
Whereas, The West Virginia Press Association was founded in June 1869, at which time there were fifty-two newspapers in publication in the Mountain State; and
Whereas, Today the West Virginia Press Association represents 24 daily and 62 weekly newspapers in publication in the Mountain State; and
Whereas, The exercise of a free press is fundamental to a democratic society and the West Virginia Press Association promotes the highest standards of journalism and respects the duty of a free press to responsibly report the events and happenings of our state to the public; and
Whereas, The West Virginia Press Association is dedicated to the proposition that an active press committed to freedom of opinion and expression to impart ideas and information to the public is vital to democracy in West Virginia; and
Whereas, The West Virginia Press Association encourages collegiality, cooperation and fraternal good fellowship among members of the newspaper industry as a means of reinforcing the fundamental principles of a responsible free press; therefore, be it
Resolved by the Senate:
That the Senate hereby designates January 28, 2010, as "West Virginia Press Association Day"; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia Press Association.
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.
Senators Stollings, Tomblin (Mr. President), 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, Plymale, Prezioso, Snyder, Sypolt, Unger, Wells, White, Williams and Yost offered the following resolution:
Senate Resolution No. 9--Honoring the Officers and Crew of the USS West Virginia for their service, dedication and commitment to their country.
Whereas, The USS West Virginia was sponsored by Erma Byrd, the late wife of United States Senator Robert C. Byrd; and
Whereas, The USS West Virginia had its keel laid on October 24, 1987, was launched on October 14, 1989, and was commissioned on October 20, 1990; and
Whereas, The USS West Virginia is home to more than 300 Officers and Crew and is home-ported in Kings Bay, Georgia; and
Whereas, The USS West Virginia has an exceptional working relationship with all branches of the military; and
Whereas, Ordinary citizens live in freedom thanks to the contributions and sacrifices made by the Officers and Crew of the USS West Virginia and their families, who serve our nation in time of peace, war and national peril; and
Whereas, The USS West Virginia plays a vital role in defending the homeland and contributing to world stability as it patrols oceans throughout the world; and
Whereas, It is fitting, to salute and pay tribute to the Officers and Crew of the USS West Virginia for their unyielding commitment to serving and protecting their country; therefore, be it
Resolved by the Senate:
That the Senate hereby honors the Officers and Crew of the USS West Virginia their service, dedication and commitment to their country; and, be it
Further Resolved, That the Senate is grateful for the opportunity to honor the extraordinary men and women of the USS West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the representatives from the USS West Virginia.
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, at the request of Senator Chafin, unanimous consent being granted, returned to the fourth order of business.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 388 (originating in the Committee on Government Organization)--A Bill to amend and reenact §8A-2-3 of the Code of West Virginia, 1931, as amended, relating to municipal planning commissions; and specifying the number of members by municipal classifications.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 1, Requesting DOH name bridge in Doddridge County "SPC Jason N. Marchand Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 2, Requesting DOH name portion of Route 16 in Fayette County "Robert K. 'Bob' Holliday Highway".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 3, Requesting DOH name bridge in Fayette County "Eugene Mitchell Skaggs Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 5, Requesting DOH name bridge in Parsons, Tucker County, "Sheriff O. Gay Hovatter Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 6, Requesting DOH name bridge in Mingo County "Matoma C. Sansom Memorial Bridge".
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 laid over one day, retaining its place on the calendar.
Senate Concurrent Resolution No. 10, Requesting DOH name bridge on Coalfields Expressway, Raleigh County, "Craig Dorsey II 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. 11, Requesting DOH name bridge at Mercer's Bottom, Mason County, "Private First Class Kenneth W. Bright 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 Snyder and Chafin.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Fanning, unanimous consent being granted, it was ordered that the Journal show had Senator Fanning been present in the chamber on yesterday, Wednesday, January 27, 2010, he would have voted "yea" on the adoption of Senate Concurrent Resolution No. 9.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Friday, January 29, 2010, at 11 a.m.
____________

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