sdj-17th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2010
SEVENTEENTH DAY
____________
Charleston, W. Va., Friday, January 29, 2010
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Dennis Sparks, Executive
Director, West Virginia Council of Churches, Charleston, West
Virginia.
Pending the reading of the Journal of Thursday, January 28,
2010,
On motion of Senator K. Facemyer, 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 concurrence by that body in the adoption of
Senate Concurrent Resolution No. 9, Expressing will of
Legislature opposing adoption of national cap and trade program.
The Senate proceeded to the fourth order of business.
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. 120, Requiring certain students provide dental
exam proof.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 120 (originating in the
Committee on Health and Human Resources)--A Bill
to amend the Code
of West Virginia, 1931, as amended, by adding thereto a new
section, designated §16-3-4a; and to amend and reenact §18-28-6 of
said code, all relating to requiring all children who enter a
public or private school for the first time, whether it be in
kindergarten or first grade, to provide adequate proof of having
undergone a dental examination by a licensed dentist; exceptions;
school personnel responsibility; school nurse responsibility;
provisional enrollment; and satisfactory proof.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Education.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill (Com. Sub. for S. B. No. 120), under the original
double committee reference, was then referred to the Committee on
Education.
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. 122, Increasing mental health treatment
refusal age of consent.
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,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
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. 149, Relating to liability of certain
volunteering physicians.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 149 (originating in the
Committee on Health and Human Resources)--A Bill
to amend the Code
of West Virginia, 1931, as amended, by adding thereto a new
section, designated §55-7-26, relating to the liability of
physicians, osteopathic physicians, nurses, medical students, physician assistants and graduate medical students who render
services as volunteer health care providers at youth camps and
programs; limiting liability; and providing exceptions.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill (Com. Sub. for S. B. No. 149), under the original
double committee reference, was then referred to the Committee on
the Judiciary.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 324, Establishing tax credit for repayment of
certain student loans.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 324 (originating in the
Committee on Education)--A Bill
to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §11-
13AA-1, §11-13AA-2, §11-13AA-3 and §11-13AA-4; and to amend and
reenact §11-21-12 of said code, all relating to establishing a tax
credit for graduates of a higher education institution for a
portion of the interest paid on student loans; providing for the promulgation of rules by the State Tax Commissioner for such
purpose; establishing a modification reducing federal adjusted
gross income for recent graduates of higher education institutions;
and providing for the promulgation of rules by the Tax Commissioner
for such purpose.
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,
Robert H. Plymale,
Chair.
The bill (Com. Sub. for S. B. No. 324), under the original
double committee reference, was then referred to the Committee on
Finance.
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. 327, Creating Office for Oral Health.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 327 (originating in the
Committee on Health and Human Resources)--A Bill to repeal §16-41-7
of the Code of West Virginia, 1931, as amended; and to amend and
reenact §16-41-2, §16-41-3, §16-41-4 and §16-41-6 of said code, all
relating to the establishment of the Office for Oral Health in the Bureau for Public Health; creating a full-time director;
establishing an advisory board; and the responsibilities of the
Office for Oral Health.
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.
The bill (Com. Sub. for S. B. No. 327), under the original
double committee reference, was then referred to the Committee on
Finance.
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 Senator Kessler:
Senate Bill No. 389--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §9-5-21, relating to opting out of 21 U. S. C. §862a
restriction concerning the eligibility of certain persons from
receiving the benefits of certain federally funded programs.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Palumbo, Yost and Green:
Senate Bill No. 390--A Bill to amend and reenact §30-18-11 of the Code of West Virginia, 1931, as amended, relating to penalties
for violations of private investigative and security services
regulations.
Referred to the Committee on the Judiciary.
By Senators Palumbo, Yost and Green:
Senate Bill No. 391--A Bill to amend and reenact §18-5-1a of
the Code of West Virginia, 1931, as amended, relating to
eligibility of members; and training requirements.
Referred to the Committee on Education.
By Senators White, Browning, Laird, Foster, Chafin, Kessler
and Stollings:
Senate Bill No. 392--A Bill to amend and reenact §5B-2E-5 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto two new sections, designated §5B-2E-7b and §5B-
2E-7c, all relating generally to the West Virginia Tourism
Development Act; and adding a small scale tourism development
component and an ancillary project component.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Palumbo, Yost, Green and Chafin:
Senate Bill No. 393--A Bill to amend and reenact §29-19-2,
§29-19-5 and §29-19-6 of the Code of West Virginia, 1931, as
amended, all relating to the solicitation of charitable funds;
defining the term "audit"; and raising the threshold for exemption
from filing audits and registering.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Unger, McCabe, Chafin and Plymale:
Senate Bill No. 394--A Bill to amend and reenact §17A-3-3 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§17D-2A-1, §17D-2A-2, §17D-2A-3, §17D-2A-6 and §17D-2A-7 of said
code; to amend said code by adding thereto a new section,
designated §17D-2A-6a; and to amend said code by adding thereto a
new section, designated §33-6-31g, all relating to enforcement of
the required security upon motor vehicles; requiring insurance
companies licensed to do business in this state to provide policy
information to the Division of Motor Vehicles or its agent;
authorizing the commissioner to establish a system for online real-
time insurance verification; and establishing administrative and
criminal penalties.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Banking and Insurance.
By Senators Jenkins, White and Williams:
Senate Bill No. 395--A Bill to amend and reenact §3-4A-17 of
the Code of West Virginia, 1931, as amended, relating to providing
counties the discretion to accompany an electronic poll book with
a printed poll book.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Unger, Kessler and Chafin:
Senate Bill No. 396--A Bill to amend and reenact §17B-2-1a,
§17B-2-4 and §17B-2-5a of the Code of West Virginia, 1931, as amended; and to amend and reenact §17E-1-3, §17E-1-4, §17E-1-6,
§17E-1-12, §17E-1-13 and §17E-1-25 of said code, all relating to
the issuance of driver's licenses; background checks for employees
involved in the issuance of driver's licenses; and updating the
criteria for issuance, renewal, disqualification, surrender and
maintenance of a commercial driver's license in conformance with
federal law.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Snyder, Unger and Chafin:
Senate Bill No. 397--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-1-2b, relating to creating a single dwelling
residential housing index and multiplier; requirements for the Tax
Commissioner; contents of the index and multiplier; and reporting
requirement.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator K. Facemyer:
Senate Bill No. 398--A Bill to amend and reenact §22-15A-22 of
the Code of West Virginia, 1931, as amended, relating to
prohibiting disposal of certain electronics in landfills.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Kessler, Chafin, Sypolt, Williams and Foster:
Senate Bill No. 399--A Bill to amend and reenact §50-1-1 of the Code of West Virginia, 1931, as amended, relating to the
election of magistrates by division; providing that all magistrates
will be elected by divisions; providing that all magistrates will
be elected at large from the entire county he or she serves; and
requiring the Supreme Court of Appeals to assign magistrates to
districts.
Referred to the Committee on the Judiciary.
By Senators Foster and Chafin:
Senate Bill No. 400--A Bill to amend and reenact §30-7-12 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §30-7A-9 of said code, all relating to exempting care of
the sick from nursing licensing provisions when the nonmedical care
is provided in connection with the practice of the religious tenets
of any church or religious organization and is by or for its
members.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators McCabe, Wells, Prezioso, K. Facemyer, Boley,
Plymale, Fanning, Minard, Edgell, Jenkins, Chafin and Foster:
Senate Bill No. 401--A Bill to amend and reenact §11-3-1, §11-
3-2a, §11-3-10, §11-3-12, §11-3-15, §11-3-19, §11-3-24, §11-3-24a
and §11-3-25 of the Code of West Virginia, 1931, as amended; to
amend said code by adding thereto fourteen new sections, designated
§11-3-15a, §11-3-15b, §11-3-15c, §11-3-15d, §11-3-15e, §11-3-15f,
§11-3-15g, §11-3-15h, §11-3-15i, §11-3-23a, §11-3-24b, §11-3-25a,
§11-3-32 and §11-3-33; to amend said code by adding thereto a new article, designated §11-6K-1, §11-6K-2, §11-6K-3, §11-6K-4, §11-6K-
5, §11-6K-6, §11-6K-7 and §11-6K-8; and to amend and reenact §18-
9A-12 of said code, all relating to taxation of real and personal
property for ad valorem property tax purposes; defining and
conforming terms used; making technical corrections in certain code
sections to conform to prior acts of the Legislature; accelerating
date for issuance of notices of increase in assessed value of real
property; updating penalties for failure to file required property
tax reports and returns; clarifying report and return filing
requirements; accelerating due dates for filing reports and
returns; assessment of property of limited liability companies;
requiring assessors to notify owners of commercial business
personal property of increases in assessed values for current
assessment year by an established deadline; providing procedures
for property owners to protest notices of assessed valuation and
obtain appropriate adjustments from county assessors; providing for
appeal of protested assessments to county board of equalization and
review, board of assessment appeals and circuit court; providing
for protest of classification or taxability to Tax Commissioner;
specifying effective dates; providing methods for assessment of
industrial property and natural resources property; establishing
time and basis for assessments; providing for pertinent
definitions; specifying form and manner of making returns;
establishing criminal penalties for failure to file; providing for
tentative appraisals by Tax Commissioner and notification to
taxpayers; providing procedures for informal review of tentative appraisals; making of final appraisals; transmitting final
appraisals to assessors; providing for appeals; authorizing
reductions of assessments upon instruction of Tax Commissioner in
certain circumstances; specifying effective dates; and holding
harmless the local share for public school support for reductions
in revenues resulting from decisions of a board of assessment
appeals.
Referred to the Committee on Finance.
By Senators Kessler, Chafin, Sypolt and Foster:
Senate Bill No. 402--A Bill to amend and reenact §51-1-1 of
the Code of West Virginia, 1931, as amended, relating to the
Supreme Court of Appeals; and providing for election of Supreme
Court Justices by divisions.
Referred to the Committee on the Judiciary.
Senator Unger offered the following resolution:
Senate Concurrent Resolution No. 12--Requesting the Joint
Committee on Government and Finance study issues related to the
regulation of the motor carrier industry and the Commercial
Vehicles Information Systems and Networks (CVISN) Program.
Whereas, The responsibility for delivery of government
services and the enforcement laws pertaining to the motor carrier
industry currently reside in several state agencies, including the
Public Service Commission, Division of Highways, Division of Motor
Vehicles, State Tax Division and the State Police; and
Whereas, The unimpeded flow of commerce facilitated by the
motor carrier industry is essential for the safety and well-being of all Americans; and
Whereas, Nearly seventy percent of all freight transported
annually in the United States is transported by trucks; and
Whereas, Freight volume is expected to double by the year
2035; and
Whereas, State infrastructure and resources to deliver the
services and monitoring required by the motor carrier industry to
compete in the international arena of the transportation of goods
and services are scarce; and
Whereas, It may be more cost effective and efficient to both
the state and the motor carrier industry to provide these services
on a one-stop basis through consolidated facilities and enhanced e-
government; and
Whereas, There is published information available involving
the deployment in the various states of a national set of systems
known as the Commercial Vehicles Information Systems and Networks
(CVISN) Program, relating to the safety, credentials and weight
regulations of motor carriers as well as fuel tax; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study issues related to the regulation of the motor
carrier industry and the Commercial Vehicles Information Systems
and Networks (CVISN) Program; and, be it
Further Resolved, That the Joint Committee on Government and
Finance seek input from the Public Service Commission, Division of
Highways, Division of Motor Vehicles, State Tax Division and the State Police, as well as from the West Virginia Motor Truck
Association, as to how services required by the motor carrier
industry may be more efficiently provided; and, be it
Further Resolved, That the Joint Committee on Government and
Finance seek input from the Division of Motor Vehicles and from the
other sources referred by that division pertaining to whether and
to what extent this state should adopt and implement the provisions
of the Commercial Vehicles Information Systems and Networks (CVISN)
Program; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2011, 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 Kessler, Unger, McCabe and Palumbo offered the
following resolution:
Senate Concurrent Resolution No. 13--Requesting the Division
of Highways to name Bridge No. 1009, located on U. S. Route 119 at
mile post 25.53 crossing Coopers Creek, Big Chimney, Kanawha
County, specifically bridge number 20-119-25.53, the "Private First
Class Thomas Keith Coleman Memorial Bridge."
Whereas, Thomas Keith Coleman was born on December 7, 1948, in
Big Chimney, raised and educated in Kanawha County, the son of
Marvin and Kathleen Coleman; and
Whereas, He graduated from Herbert Hoover High School in 1966
where he excelled in academics, was an athlete participating on the
football, wrestling and track teams and was well-liked and
respected by his classmates, as well as the faculty; and
Whereas, After graduation, he proudly volunteered for service
in the United States Marine Corps Reserve and rose to the rank of
Private First Class, believing that he could best serve his country
in the Marine Corps; and
Whereas, Private First Class Coleman was deployed to South
Vietnam in December 1967; and
Whereas, After serving less than a year, he was tragically
killed on January 27, 1968, in Quang Tri, South Vietnam, by small
arms fire and grenades, at the age of nineteen; and
Whereas, He became the first son from the community of Big
Chimney to make the ultimate sacrifice for his country, during the
conflict in Vietnam, earning the bronze star and purple heart
posthumously; and
Whereas, At the time of his passing, he was survived by his
parents and sisters, Barbara Ravenscroft and Susan Coleman; and
Whereas, The nature of the sacrifice of this brave and
courageous son from Kanawha County requires us to honor his memory,
by ensuring that future generations are aware of his sacrifice in
the cause of freedom; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Commissioner of the
Division of Highways to name Bridge number 20-119-25.53, located on
U. S. Route 119 at mile post 25.53 crossing Coopers Creek, Big
Chimney, Kanawha County the "Private First Class Thomas Keith
Coleman Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of
Highways is hereby requested to cause to be fabricated signs to be
erected at each entry of said bridge, containing bold and prominent
letters proclaiming the bridge to be the "Private First Class
Thomas Keith Coleman Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
Transportation, the Commissioner of the Division of Highways, and
the family of Private First Class Thomas Keith Coleman
Which, under the rules, lies over one day.
Senators Hall and K. Facemyer offered the following
resolution:
Senate Concurrent Resolution No. 14--
Requesting the Division
of Highways name bridge number 40-35-0.04 located on U. S. Route 35
crossing I-64 in Scott Depot, Putnam County, the "Trooper William
'Bill' Phillips Memorial Bridge".
Whereas, William "Bill" Phillips was born on September 28,
1953, in Elkins, West Virginia, the son of Howard and Jeanette
Phillips; and
Whereas, William "Bill" Phillips subscribed to the ideals of freedom and liberty and, prior to his career in the West Virginia
State Police, he served full time in the United States Air Force
for four years as a member of the Strategic Air Command here in the
United States, as well as in Turkey; and
Whereas, William "Bill" Phillips was sworn into the West
Virginia State Police Academy in January, 1979; and
Whereas, Upon graduation from the West Virginia State Police
Academy in June, 1979, Trooper William "Bill" Phillips was assigned
to the Winfield Detachment of the West Virginia State Police until
May, 1987, when he was transferred to the West Virginia State
Police Headquarters in South Charleston; and
Whereas, While upholding the law and keeping his neighbors
safe, Trooper William "Bill" Phillips tragically died while on duty
in a motor vehicle accident on U. S. Route 35 on July 30, 1987; and
Whereas, Although Trooper William "Bill" Phillips' work in
Putnam County only spanned eight years, his professionalism and
dedication to his career left an indelible impression on many in
the county. His service was not on corporate boards, but directly
to friends and neighbors who may have needed snow plowed or help
with building a deck or an ear for listening; and
Whereas, Among his many activities in Putnam County, Trooper
William "Bill" Phillips was a member of the Putnam County EMS, the
West Virginia State Police SWAT and Dive Teams, and also raised
funds and participated in the Special Olympics Law-Enforcement
Torch Run; and
Whereas, Trooper William "Bill" Phillips was a dedicated family man, married eleven years to Joan Antolini Phillips, M. D.,
and was the father to two beautiful daughters named Heather Lyons
and Laura Fullerton; and
Whereas, Many people in the Putnam County area held Trooper
William "Bill" Phillips in such high regard that at least three
boys have been named William in his memory; and
Whereas, Trooper William "Bill" Phillips was also an active
member of the Catholic Church of the Ascension where he belonged to
the Knights of Columbus; and
Whereas, The ultimate sacrifice of this brave and courageous
son of West Virginia requires us to honor Trooper William "Bill"
Phillips by ensuring that future generations are aware of his
sacrifice in the cause of law, order and freedom; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 40-35-0.04 located on U. S. Route 35 crossing I-64 in
Scott Depot, Putnam County, the "Trooper William 'Bill' Phillips
Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the bridge
as the "Trooper William 'Bill' Phillips Memorial Bridge"; and, be
it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and the family of Trooper William
'Bill' Phillips
Which, under the rules, lies over one day.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Concurrent Resolution No. 15 (originating in the
Committee on Education)--
Requesting the
Joint Committee on
Government and Finance
study the issue of student performance in
relation to instructional time and the issue of counting as full
instructional days those days which have two hour delays or early
dismissals.
Whereas, There is some evidence indicating that the amount of
time spent in engaged academic learning in school correlates
positively with academic achievement, particularly in reading, math
and science, and especially for low performing students; and
Whereas, A study of Grade 8 students in 39 countries found a
moderate positive association between total school days per year
and mathematics and science scores, such that students in countries
with longer school years also had higher achievement rates in these
areas of study; and
Whereas, The majority of states, including West Virginia, set
the school year at 180 days; and
Whereas, Only three counties in West Virginia met the
statutorily mandated 180 days with half falling at or below 176
days in 2008-2009; and
Whereas, Unscheduled two hour delays or early dismissals were
called in the state an average of 6.9 days during the 2008-2009
school year due to inclement weather; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance
is hereby
requested to study instructional time in and for the state; and,
be it
Further Resolved, That the Joint Committee on Government and
Finance
report to the regular session of the Legislature, 2011, 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.
And reports the same back with the recommendation that it be
adopted; but with the further recommendation that it first be
referred to the Committee on Rules.
Respectfully submitted,
Robert H. Plymale,
Chair.
On motion of Senator Plymale, the resolution (S. C. R. No. 15)
contained in the foregoing report from the Committee on Education
was then referred to the Committee on Rules.
The Senate proceeded to the seventh order of business.
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.
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.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 215, Creating offense of
assaulting volunteer firefighters and emergency medical service
employees.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 339, Correcting invalid code reference related
to voter registration list.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 388, Specifying number of members on municipal
planning commissions.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
Monday, February 1, 2010, at 11 a.m.
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