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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2009

TWENTY-SEVENTH DAY

____________

Charleston, W. Va., Monday, March 9, 2009

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

Prayer was offered by the First Presbyterian Church Preschool Busy Bees, Charleston, West Virginia, who then led the Senate in the recitation of the Pledge of Allegiance.
Pending the reading of the Journal of Friday, March 6, 2009,
On motion of Senator Deem, 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. 2412--A Bill to amend and reenact §7-1-3jj of the Code of West Virginia, 1931, as amended, relating to providing certain county commissions with authority to regulate the location of businesses offering exotic entertainment.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
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. 398, Imposing certain restrictions on graduated driver's licenses.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 398 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §17B-2-3a of the Code of West Virginia, 1931, as amended, relating to imposing certain restrictions on a graduated driver's license to increase public safety; and imposing criminal penalties for violations of this section.
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,
John R. Unger II,
Chair.
The bill (Com. Sub. for S. B. No. 398), under the original double committee reference, was then referred to the Committee on the Judiciary.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and joint resolution were introduced, read by their titles, and referred to the appropriate committees:
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 505--A Bill to amend and reenact §11-13-2 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11-13-2q; and to amend and reenact §24-2-11a of said code, all relating to a business and occupation tax on the business of the transmission of electricity through certain electric transmission lines; imposing a business and occupation tax; setting forth legislative findings; defining certain terms; providing for the rate and measure of tax; prohibiting certain credits against tax; providing for the dedication of tax proceeds; establishing the Electric Retail Ratepayer Relief Fund and the Crossed County Transmission Line Fund; providing for the distribution of tax proceeds; specifying counties' expenditure of funds; authorizing the Tax Commissioner to promulgate rules; providing for severability; and requiring the Public Service Commission to make certain findings before approving an application for a certificate of public convenience and necessity for the construction of certain high-voltage transmission lines.
Referred to the Committee on Finance.
By Senator Caruth:
Senate Bill No. 506--A Bill to amend and reenact §22-3-14 of the Code of West Virginia, 1931, as amended, relating to conforming the state mine subsidence laws and rules to federal mining and subsidence laws and rules.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senators Caruth, McCabe, Kessler and Snyder:
Senate Bill No. 507--A Bill to amend and reenact §5C-2-5 of the Code of West Virginia, 1931, as amended, relating to powers and duties of the West Virginia Clean Coal Technology Council; requiring a study of carbon capture and control; and quarterly reports to the Joint Committee on Government and Finance.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Caruth and Wells:
Senate Bill No. 508--A Bill to amend and reenact §5F-1-2 of the Code of West Virginia, 1931, as amended, relating to creating the Department of Miners Health, Safety and Training.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Caruth and Snyder:
Senate Bill No. 509--A Bill to amend and reenact §22-1-7 of the Code of West Virginia, 1931, as amended, relating to the creation of the Office of Energy Advisor within the Division of Environmental Protection; and creating a standing committee of the Legislature to oversee the implementation of the energy advisor's initiatives.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on Finance.
By Senators Caruth, Snyder and Wells:
Senate Bill No. 510--A Bill to amend and reenact §22A-1-1 and §22A-1-31 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §22A-12-1, §22A-12-2, §22A-12-3, §22A-12-4, §22A-12-5, §22A-12-6, §22A-12-7, §22A-12-8, §22A-12-9, §22A-12-10, §22A-12-11, §22A-12-12, §22A-12-13 and §22A-12-14; and to amend and reenact §23-4-2 of said code, all relating generally to the creation and implementation of drug-free workplaces in coal mines; requiring Office of Miners' Health, Safety and Training to ensure drug-free workplaces in the mining industry; adopting procedures for the suspension or revocation of miners' certification upon proof of confirmed positive drug tests; requiring breach of duty hearings to be held within twenty days; establishing process and conditions for reissuance of miners' certification; authorizing Director of Office of Miners' Health, Safety and Training to require all operators to adopt drug-free workplace programs at coal mines; assessing of fee for costs; requiring employers to pay for cost of drug tests for employees; providing for definitions; requiring all companies providing safety-sensitive services to mine operators to have drug-free workplace program for certain employees; providing immunity from wrongful discharge lawsuits for employers who implement program; implementing process for drug testing and appellate procedure; permitting the Office of Miners' Health, Safety and Training to require drug and alcohol test in serious mine accidents of certain persons; requiring alcohol and drug tests on all mine fatalities; requiring applicants for additional certifications to be certified drug free; ensuring substance abuse training; requiring minimum level of alcohol and substance abuse training and proof of being drug and alcohol free for certification; requiring proof of drug and alcohol free for applicants as apprenticeship miner or miner certification; requiring Office of Miners' Health, Safety and Training to provide drug-testing program for apprentices; providing for cost reimbursement or acceptance of results of certain other drug tests; providing for confidentiality of drug test results and exemption from the West Virginia Freedom of Information Act; allowing for release by consent or compulsion by court order; establishing relevancy to legal claim asserted by applicant; prohibiting use of results in criminal proceedings against applicant; requiring substance abuse awareness training for emergency medical services personnel in mines; providing for severability; and modifying rights of certain employees to receive indemnity benefits and common law right to sue where accident proximately caused by employee's intoxication.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 511--A Bill to amend and reenact §5G-1-2 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §5G-1-5; to amend and reenact §17-2A-22 of said code; and to amend said code by adding thereto a new section, designated §31-15A-15a, all relating to the procurement of engineering services; defining certain terms; exempting the procurement of engineering services for certain projects funded by the Division of Highways and the Water Development Authority from chapter five-g of said code; requiring the Commissioner of Highways to establish certain qualification criteria for engineering and design firms; requiring the Division of Highways to annually select and classify qualifying engineering and design firms; establishing requirements for the procurement of certain engineering and design services by the Division of Highways; establishing certain bonding requirements; granting a preference to certain West Virginia firms; requiring the Infrastructure and Jobs Development Council to establish certain qualification criteria for engineering firms; requiring the Infrastructure and Jobs Development Council to annually select qualifying engineering firms; establishing requirements for governmental agencies for the procurement of engineering services for certain water development projects; and authorizing the promulgation of rules.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Browning and Plymale:
Senate Bill No. 512--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-13A-1, §5-13A-2, §5-13A-3, §5-13A-4, §5-13A-5, §5- 13A-6 and §5-13A-7, all relating to transfer from Higher Education Retirement Plan to the Public Employees Retirement System; definitions; voluntary transfers; converting assets from Higher Education Retirement Plan to Public Employees Retirement System; service credit in Public Employees Retirement System following transfer; converting assets; vesting; minimum guarantees; and transferees' eligibility to retire.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 513--A Bill to amend and reenact §18A-2-2, §18A-2-6, §18A-2-7 and §18A-2-8a of the Code of West Virginia, 1931, as amended; to amend and reenact §18A-3-1 and §18A-3-2b of said code; and to amend and reenact §18A-4-7a of said code, all relating to the hiring, termination, transfer and reassignment of teachers and school personnel; revising certain dates upon which action must be taken with respect to the hiring, termination, resignation or transfer of teachers and school personnel; providing an incentive payment to professional personnel who file notice of retirement on or before December 1; repealing the citizenship requirement for a teaching certificate; reducing the length of the beginning teacher internship program under certain circumstances; authorizing county boards to hire teachers and professional personnel based on certain weighted criteria; and authorizing county superintendents to reject applicants based on unsatisfactory interview performances.
Referred to the Committee on Education; and then to the Committee on the Judiciary.
By Senators McCabe, Hall and Williams:
Senate Bill No. 514--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 realtor license plate; and assessing a special initial application fee and a special annual fee therefor.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Jenkins, Foster, Minard, Stollings, Wells, Caruth, Sypolt and Kessler:
Senate Bill No. 515--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated §44C-1-1, §44C-1-2, §44C-1-3, §44C-1-4, §44C-1-5, §44C-1-6, §44C-2-1, §44C-2-2, §44C-2-3, §44C-2-4, §44C-2-5, §44C-2-6, §44C-2-7, §44C-2-8, §44C-3-1, §44C-3-2, §44C-4-1, §44C-4-2, §44C-4-3, §44C-5-1, §44C-5-2 and §44C-5-3, all relating to enactment of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act; defining terms; authorizing a court in this state to treat a foreign country as if it were a state; allowing communication and cooperation between courts for pending guardianship protective proceedings; providing for taking testimony of a witness in another state; establishing jurisdictional basis for guardianship and protective proceedings; providing guidance for determination of jurisdiction between states; providing for special jurisdiction in certain situations; providing for exclusive and continuing jurisdiction for a court that appointed a guardian or issued a protective order; providing criteria for determining the appropriate forum for guardianship and protective proceedings; authorizing a court to decline jurisdiction because of unjustifiable conduct; providing for additional notice of proceedings between states; determining jurisdiction when there are proceedings in more than one state; providing for transfer of guardianship or conservatorship to another state; providing criteria for accepting transfer of guardianship or conservatorship from another state; providing for registration of guardianship and protective orders; providing that registration of a guardianship or protective order from another state allows the guardian or conservator to exercise his or her powers as allowed by law in this state; requiring consideration of the need to promote uniformity of the law when applying and construing this act; modifying, limiting and superceding certain provisions of the federal Electronic Signatures in Global and National Commerce Act; providing that this act applies to certain guardianship and protective proceedings begun on or after passage of the act; and providing that this act applies to certain guardianship and protective proceedings regardless of when they were begun.
Referred to the Committee on Interstate Cooperation; and then to the Committee on the Judiciary.
By Senators Foster, Kessler, Jenkins, Deem, Hall, Wells, Green, Prezioso and Plymale:
Senate Bill No. 516--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §62-15-1, §62-15-2, §62-15-3, §62-15-4, §62-15-5, §62- 15-6, §62-15-7, §62-15-8, §62-15-9, §62-15-10, §62-15-11, §62-15-12 and §62-15-13, all relating to the enactment of the West Virginia Drug Offender Accountability and Treatment Act; providing for the structure of drug courts; targeting, eligibility and participation in drug courts by offenders; providing treatment and services to participants; establishing drug-testing procedures; providing oversight by the Supreme Court of Appeals; collecting and maintaining information on drug court candidates and participants; funding; providing for immunity from liability; and enforcing the act's provisions.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Unger, Fanning, Green, Helmick, Hall, Stollings and Plymale:
Senate Bill No. 517--A Bill to amend and reenact §5G-1-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §22C-1-5 of said code; to amend and reenact §24-2-11 of said code; and to amend and reenact §31-15A-3 and §31-15A-6 of said code, all relating to construction of state utility projects; putting limitations on engineering design and construction inspection fees for state and state subdivision-sponsored utility construction; requiring all Water Development Authority-sponsored utility projects to get authorization prior to removal of proposed customers of a project; requiring the governmental agency administering the utility project to perform an annual maintenance audit of the utility; altering the number of customers or proposed customers protesting requiring a formal hearing; reducing time periods for the Public Service Commission to review and approve certain applications by public utilities for certificate of public convenience and necessity; providing for additional members of the West Virginia Infrastructure and Jobs Development Council; and requiring a study of engineering costs by the West Virginia Infrastructure and Jobs Development Council.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Caruth and Williams:
Senate Bill No. 518--A Bill to amend and reenact §22-1-9 of the Code of West Virginia, 1931, as amended, relating to allowing the Environmental Protection Advisory Council to review, adopt and eliminate rules exceeding applicable federal standards promulgated pursuant to this article; and granting council mandatory rule- making authority.
Referred to the Committee on the Judiciary.
By Senators Helmick, McCabe, Wells and Foster:
Senate Bill No. 519--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-1-29, relating to authorizing the Governor to institute an employee furlough program.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Foster and Wells:
Senate Bill No. 520--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-5-12a, relating to prescription and pharmacy data privacy; establishing legislative intent; prohibiting disclosure of certain data; requiring legislative rules; creating penalties; and providing for enforcement.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Guills, Prezioso, Boley, Sypolt, Fanning, K. Facemyer, Hall, Plymale, Deem and Jenkins:
Senate Joint Resolution No. 12--Proposing an amendment to the Constitution of the State of West Virginia, amending article III thereof by adding thereto a new section, designated section twenty- three, relating to the marriage protection amendment; prohibiting the state from recognizing same-sex marriages; prohibiting the state from recognizing a legal status for relationships that is similar to marriage; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
Senators White, Laird and Sypolt offered the following resolution:
Senate Concurrent Resolution No. 20--Requesting the Division of Highways name bridge number 51-18-0.90(10685), known as Jumbo Bridge, in Webster County the "Arden Cogar, Sr., Bridge".
Whereas, Webster County's Arden Cogar, Sr., is a home-grown lumberjack, born in 1942, who has set 55 world records over the years in several lumberjacking sports. Many of these records have gone unbroken, specifically times for chopping horizontal 8-inch and 12-inch round yellow poplar, vertical chopping an 8-inch and 10-inch yellow poplar, 10-inch yellow poplar, 10-inch white pine, 10-inch aspen and a 12-inch round red pine. His lumberjacking talents also included felling trees to drive stakes, ax throwing for accuracy and chainsawing; and
Whereas, Arden Cogar, Sr., and his wife Carol have operated Arden Cogar Logging for years, developing methods to segregate logs into quality units, veneer, mill logs, tie logs, pulp and other varieties long before they were practiced at mill sites; and
Whereas, Arden Cogar, Sr., organized the Webster County Woodchopping Contest which is one of the largest and most successful competitions in the United States. It has gained international status and has competitors from Canada, England, Spain, New Zealand and Australia; and
Whereas, Arden Cogar, Sr., continues to teach the sport of lumberjacking. While many of his students become state and regional champions, his son Arden, Jr., and nephew Paul have also become world champions. Arden Cogar, Sr., managed a team in 2000 that performed for the International Olympic Committee hoping to earn the sport Olympic status in 2008. He has earned regional, national and international acclaim in many facets of forestry and brought much honor to West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 51-18-0.90(10685), known as Jumbo Bridge, in Webster County the "Arden Cogar, Sr., 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 "Arden Cogar, Sr., 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 Arden Cogar, Sr.
Which, under the rules, lies over one day.
Senators White, Edgell, Williams, Plymale, Kessler and Sypolt offered the following resolution:
Senate Resolution No. 25--Designating March 10, 2009, as "West Virginia State Grange Day."
Whereas, The Grange is the world's first farm fraternal association; and
Whereas, The West Virginia State Grange is our state's oldest agricultural and rural community organization; and
Whereas, The Grange has been a tireless champion for West Virginia's farmers and their rural communities through a vigorous grassroots advocacy of the mutual interests of its members; and
Whereas, The Grange provides opportunities for families and individuals to develop to their highest potential in order to build stronger communities; and
Whereas, Voluntary association with the Grange not only provides the benefits of economic and political cooperation for its members, but it also elevates their character by providing social, cultural and educational programs, along with opportunities for personal growth; and
Whereas, The Grange increases the influence of each of its members by giving them the opportunity to serve their community through projects and programs that make a difference in the lives of children, youth and our neighbors in need of assistance; and
Whereas, The West Virginia State Grange has served the State of West Virginia since June, 1873; therefore, be it
Resolved by the Senate:
That the Senate hereby designates March 10, 2009, as "West Virginia State Grange Day"; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of the West Virginia State Grange.
Which, under the rules, lies over one day.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 17, Requesting Division of Highways name bridge in Logan County "Marine Private Robert Clayton Stephenson 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. 18, Requesting Division of Highways name bridge crossing Little Coal River "Chief Master Sergeant George Wallace Hedrick, Jr., 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. 19, Requesting Division of Highways name bridge in Salt Rock "SGT Daniel Pesimer 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 Resolution No. 22, Recognizing Anastacia Meadows on winning 2009 Prudential Spirit of Community Award.
On unfinished business, coming up in regular order, was reported by the Clerk.
At the request of Senator Jenkins, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
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 Barnes, unanimous consent being granted, the resolution was laid over one day, retaining its place on the calendar.
Senate Resolution No. 24, Expressing will of Senate regarding economic recovery plan spending.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Economic Development.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 284, Relating to Viatical Settlements Act.
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, 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)--31.
The nays were: None.
Absent: Caruth, Chafin and Plymale--3.
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. 284) 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. 339, Exempting certain licensed medical professionals from county hiring prohibition.
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, 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)--31.
The nays were: None.
Absent: Caruth, Chafin and Plymale--3.
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. 339) 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. 405, Relating to grandparents' visitation.
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, 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)--31.
The nays were: None.
Absent: Caruth, Chafin and Plymale--3.
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. 405) 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.
Com. Sub. for Senate Bill No. 243, Relating to issuing general obligation bonds.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 251, Authorizing issuance of revenue bonds for public projects.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 262, Removing prohibition against using county's General Revenue Fund for historic preservation.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
On page three, section eight, lines forty through forty-four, by striking out the following: Notwithstanding these qualifications, the person serving as the deputy state historic preservation officer on the date of enactment of this article shall be eligible for appointment as the director of the historic preservation section.
The bill (S. B. No. 262), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 277, Requiring Tax Commissioner create single dwelling residential housing index.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 329, Updating terms in Personal Income Tax Act.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 410, Updating terms in Corporation Net Income Tax Act.
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.
Senate Bill No. 66, Relating to school employees' donated personal leave days.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 306, Increasing pipeline companies' special license fees to Public Service Commission.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Senate Bill No. 370, Relating to community corrections program fees.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
The Senate proceeded to the eleventh order of business and the introduction of guests.
On motion of Senator Edgell, leaves of absence for the day were granted Senators Chafin, Plymale and Caruth.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Edgell, the Senate adjourned until tomorrow, Tuesday, March 10, 2009, at 11 a.m.
____________

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