sdj-28th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2009
TWENTY-EIGHTH DAY
____________
Charleston, W. Va., Tuesday, March 10, 2009
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Father Livinus Uba, Sacred
Heart Catholic Church, Huntington, West Virginia, and St. Peter
Claver Church, Huntington, West Virginia.
Pending the reading of the Journal of Monday, March 9, 2009,
On motion of Senator D. Facemire, 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. 2421--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §8-19-22, relating to distinguishing between
operable and inoperable fire hydrants; requiring notification of
inoperable hydrants; defining the term "inoperable"; and requiring the painting or covering of inoperable fire hydrants.
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. 2474--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §19-29-6; and to amend and reenact §22-15-22 of said
code, all relating to the regulation of land-based aquaculture
facilities; exempting aquaculture facilities from certain sludge
management requirements; and providing the Commissioner of
Agriculture rule-making authority to promulgate rules after
consultation with the Department of Environmental Protection,
concerning the disposal or application of waste produced from an
aquaculture facility.
Referred to the Committee on Agriculture; and then to the
Committee on the Judiciary.
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. 2701--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §61-5-12b, relating to an escape of any person
from the custody of the Division of Juvenile Services as either a
misdemeanor or a felony depending on the type of facility they were
committed to in when the escape occurred; providing definitions; providing for criminal penalties; establishing venue for the
proceedings; and allowing for the transfer of jurisdiction back to
the original committing court if the person is under eighteen and
all parties agree.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
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. 238, Relating to unlawful discriminatory
practices generally.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 238 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §5-11-2,
§5-11-3, §5-11-4, §5-11-8, §5-11-9 and §5-11-13 of the Code of West
Virginia, 1931, as amended; to amend said code by adding thereto a
new section, designated §5-11-9a; and to amend and reenact
§5-11A-3, §5-11A-5, §5-11A-6 and §5-11A-7 of said code, all
relating to unlawful discriminatory practices generally;
prohibiting discrimination based upon age or sexual orientation in
housing; defining "sexual orientation" and "age"; creating
exceptions for religious institutions and certain nonprofit
organizations from the sexual orientation proscriptions of this
bill when such employment comports with specific criteria; expressly authorizing dress codes; and defining "religious
institutions".
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
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. 298, Increasing Wireless Tower Assistance Fund
allocation.
And repots back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 298 (originating in the
Committee on Transportation and Infrastructure)--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.
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,
John R. Unger II,
Chair.
The bill (Com. Sub. for S. B. No. 298), 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. 318, Expanding Division of Protective
Services' law-enforcement authority over state property under
certain circumstances.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 318 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §15-2D-3
of the Code of West Virginia, 1931, as amended, relating to the
duties and powers of the director and officers of the West Virginia
Division of Protective Services; extending division jurisdiction
over state property throughout the state under certain
circumstances; and clarifying that division has no responsibility
for providing security for state facilities outside the Capitol
Complex.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
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 Bill No. 375, Relating to Office of Coalfield Community
Development.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 375 (originating in the
Committee on Economic Development)--A Bill
to amend and reenact
§5B-2A-3, §5B-2A-5, §5B-2A-6 and §5B-2A-9 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §22-3-10 of
said code, all relating to the Office of Coalfield Community
Development and master land use plans; defining terms; powers and
duties; requiring state, local, county or regional development or
redevelopment authorities to develop master land use plans;
requiring mine operators to consider and acknowledge
recommendations of master land use plans in community impact
statements; requiring the development authorities to acknowledge
the community impact statements; requiring the Office of Coalfield
Community Development to assist with the development and
preparation of master land use plans; providing for review and
approval of master land use plans; requiring the post-mining land
use proposed in reclamation plans to comport with associated master
land use plans; allowing approval of noncomporting post-mining land
uses; and satisfying variance requirement by compliance with master mine use plans.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Richard Browning,
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 Laird, Foster and Green:
Senate Bill No. 521--A Bill to amend and reenact §61-5-8 of
the Code of West Virginia, 1931, as amended, relating to adding
telecommunications devices to items which cannot be brought into a
jail or correctional facility.
Referred to the Committee on the Judiciary.
By Senators Barnes and Stollings:
Senate Bill No. 522--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §36-1-25, relating to requiring lessors of subsurface
rights to state with specificity what surface rights are also being
acquired.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 523--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section, designated §11-4-21, relating to property value assessment
adjustments when ten percent or more of sales of real property are
foreclosure sales.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Kessler, Snyder, Unger, Yost, Boley, Foster and
Jenkins:
Senate Bill No. 524--A Bill to amend and reenact §8-14-12 of
the Code of West Virginia, 1931, as amended, relating to raising
the upper level age restriction for new hires for certain law-
enforcement agencies from thirty-five to forty-five years of age.
Referred to the Committee on the Judiciary.
By Senators Laird and Green:
Senate Bill No. 525--A Bill to amend and reenact §7-14C-1,
§7-14C-2 and §7-14C-3 of the Code of West Virginia, 1931, as
amended, all relating to the procedure for investigation of deputy
sheriffs; and redefining parts of "punitive action" and "under
investigation".
Referred to the Committee on the Judiciary.
By Senators Foster, Stollings and Laird:
Senate Bill No. 526--A Bill to amend and reenact §30-14-1,
§30-14-2, §30-14-4, §30-14-5 and §30-14-10 of the Code of West
Virginia, 1931, as amended, all relating to the regulation of
osteopathy; defining terms; revising requirements for post-doctoral
training as a requirement for licensure; providing for educational
permits for post-doctoral clinical training; authorizing the promulgation of an emergency legislative rule; eliminating
redundant language regarding licenses, internships, formation of
medical corporations and fees; and defining the scope and duration
of educational permits.
Referred to the Committee on Government Organization.
By Senators Kessler, Oliverio, Palumbo, Foster and Minard:
Senate Bill No. 527--A Bill to amend and reenact §6B-2-4 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §6B-2-12, all relating
generally to the enforcement powers of the Ethics Commission;
authorizing the Ethics Commission to initiate removal proceedings
in circuit court against locally elected or appointed public
officials, including a public official of any political subdivision
thereof, who has been found to have violated the West Virginia
Governmental Ethics Act; and authorizing the commission to seek
preliminary injunctive relief upon the filing of a verified
complaint against local elected or appointed public officials,
including a public official of any political subdivision thereof,
if it has reason to believe that the public official is unlawfully
expending public funds, that the local governmental body has not
acted to stop the expenditure and that irreparable harm may occur
if the public official is not enjoined.
Referred to the Committee on the Judiciary.
By Senators Laird, Stollings, Unger, Helmick and Green:
Senate Bill No. 528--A Bill to amend and reenact §59-1-10 of
the Code of West Virginia, 1931, as amended, relating to clarification that certain funds be placed in a county's general
fund.
Referred to the Committee on Finance.
By Senator Foster:
Senate Bill No. 529--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 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.
By Senator Chafin:
Senate Bill No. 530--A Bill to amend and reenact §44-10-4 of
the Code of West Virginia, 1931, as amended, relating to the right
of a minor possessed of an estate to nominate a guardian.
Referred to the Committee on the Judiciary.
By Senator Snyder (By Request):
Senate Bill No. 531--A Bill to repeal §30-13A-26 of the Code
of West Virginia, 1931, as amended; and to amend and reenact §30-
13A-1, §30-13A-3, §30-13A-5, §30-13A-8, §30-13A-9, §30-13A-10, §30-
13A-11, §30-13A-12, §30-13A-15, §30-13A-16, §30-13A-17, §30-13A-19,
§30-13A-20, §30-13A-23, §30-13A-24, §30-13A-29, §30-13A-32 and §30-
13A-36 of said code, all relating to amending the professional
surveyors act.
Referred to the Committee on Government Organization.
By Senators Minard, Jenkins and Kessler:
Senate Bill No. 532--A Bill to amend and reenact §31-17-1,
§31-17-2, §31-17-3, §31-17-4, §31-17-5, §31-17-7, §31-17-11,
§31-17-12, §31-17-13 and §31-17-20 of the Code of West Virginia,
1931, as amended; to amend said code by adding thereto a new
article, designated §31-17A-1, §31-17A-2, §31-17A-3, §31-17A-4,
§31-17A-5, §31-17A-6, §31-17A-7, §31-17A-8, §31-17A-9, §31-17A-10,
§31-17A-11, §31-17A-12, §31-17A-13, §31-17A-14, §31-17A-15,
§31-17A-16, §31-17A-17, §31-17A-18, §31-17A-19 and §31-17A-20; and
to amend and reenact §46A-4-102 of said code, all relating to the
Division of Banking's participation in the Nationwide Mortgage
Licensing System and Registry; complying with the SAFE Act;
amending and creating definitions; exempting federally insured
depository institutions from broker licensing; allowing the
Division of Banking to participate in the Nationwide Mortgage
Licensing System and Registry; permitting the Nationwide Mortgage
Licensing System and Registry to process background and credit
checks on behalf of the Commissioner of Banking; creating a tiered
bond structure for licensed lenders and brokers; reducing the
license processing time for lenders and brokers; requiring a new
application for certain changes in control of mortgage licensees;
clarifying the fee for licensee office relocation; synchronizing
the mortgage annual report requirement with the Nationwide Mortgage
Licensing System and Registry; outlining the purpose of the West
Virginia SAFE Mortgage Licensing Act; defining terms associated
with the SAFE Mortgage Licensing Act; requiring licensing and
registration of mortgage loan originators; creating an application procedure for mortgage loan originators with minimum standards;
requiring prelicensure education of mortgage loan originators;
implementing a prelicensure testing requirement for mortgage loan
originators; explaining standards for mortgage loan originator
license renewal; clarifying annual continuing education
requirements for mortgage loan originators; granting the
commissioner authority to require mortgage loan originator
licensing through the Nationwide Mortgage Licensing System and
Registry; requiring the commissioner to create a challenge process
for the Nationwide Mortgage Licensing System and Registry; creating
enforcement authority for mortgage loan originators; defining
violations and penalties of the SAFE Mortgage Licensing Act;
requiring a surety bond to cover licensed mortgage loan originators
that is tied to the amount of mortgage originations by each lender,
broker or regulated consumer lender licensee; creating
confidentiality provisions; granting investigation and examination
authority to the Commissioner of Banking for violations of the SAFE
Mortgage Licensing Act; outlining prohibited acts and practices for
mortgage loan originators; requiring the Commissioner of Banking to
report to the Nationwide Mortgage Licensing System and Registry;
clarifying the use of unique identifiers; creating a severability
section; defining effective dates; requiring the licensure of
mortgage loan originators employed by licensed regulated consumer
lenders; and implementing a bond requirement for regulated consumer
lenders that originate mortgage loans.
Referred to the Committee on Banking and Insurance; and then to the Committee on Government Organization.
By Senators McCabe, Foster, Unger and Kessler:
Senate Bill No. 533--A Bill to amend and reenact §11-15-9i of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §11-15B-2 and §11-15B-32 of said code, all relating to the
definitions of "health care provider" and "drug"; and exempting
from the consumers sales and service tax drugs purchased by
veterinarians to be dispensed upon prescription for the medical
treatment of animals.
Referred to the Committee on Finance.
By Senators Bowman, Snyder and Minard:
Senate Bill No. 534--A Bill to amend and reenact §5A-7-11 of
the Code of West Virginia, 1931, as amended, relating to
authorizing the Chief Technology Officer to receive confidential
records and have access to an agency's database which may contain
confidential information, while accepting the responsibility to
safeguard this information as defined by applicable law; and
providing a penalty.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
Senator Snyder offered the following resolution:
Senate Concurrent Resolution No. 21--
Requesting the Joint
Committee on Government and Finance study the feasibility of
reclassifying counties based upon governmental functions and
activities.
Whereas, Because of the diversity of the various counties in West Virginia, such as border counties, land-use planning, size and
population of the county, industry and natural resources,
geographical location and local interests and problems, there
should be a system of reclassifying the counties; and
Whereas, All of the counties of the state are basically
treated the same by law in the code as to authority or power to act
and a reclassification of counties by statue would produce a system
allowing certain counties to deal with their internal problems that
do not affect the other counties of the state; and
Whereas, Such a reclassification would in all likelihood
result in savings to the counties and the State of West Virginia;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the feasibility of reclassifying counties based
upon governmental functions and activities; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2010, 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 Plymale, Stollings, Unger, Kessler, Jenkins and
Minard offered the following resolution:
Senate Resolution No. 26--
Recognizing the Society of Human
Resource Management for its hard work and dedication.
Whereas, The Society of Human Resource Management is a
professional organization; and
Whereas, The Society of Human Resource Management submits
certification qualification standards set down by the Human
Resource Certification Institute; and
Whereas, The Society of Human Resource Management certifies
members voluntarily through the rigorous testing of the Human
Resource Certification Institute; and
Whereas, The Society of Human Resource Management has hundreds
of professional members throughout West Virginia and 250,000
members in the United States; and
Whereas, West Virginia has seven state chapters, four student
chapters and represents hundreds of organizations and employers in
West Virginia; and
Whereas, The Society of Human Resource Management believes in
respect for the thousands of workers in West Virginia that its
professionals manage; and
Whereas, The Society of Human Resource Management
practitioners dedicate themselves to legal compliance, bridging the
gap between employees, employers and legal authorities; and
Whereas, The Society of Human Resource Management rigorously
enforces on its members an established code of ethics; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the Society of Human
Resource Management for its hard work and dedication; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Society of Human Resource
Management.
At the request of Senator Plymale, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Edgell, 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. 20, Requesting Division of
Highways rename Jumbo Bridge in Webster County "Arden Cogar, Sr.,
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. 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 Edgell, unanimous consent being
granted, the bill was laid over one day, retaining its place on the calendar.
Senate Resolution No. 25, Designating March 10, 2009, "West
Virginia State Grange Day".
On unfinished business, coming up in regular order, was
reported by the Clerk
.
At the request of Senator White, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Edgell, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 243, Relating to issuing
general obligation bonds.
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, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Chafin--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. 243) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 251, Authorizing issuance of revenue
bonds for public projects.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Senate Bill No. 251 pass?"
On the passage of the bill, the yeas were: Barnes, Bowman,
Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: Boley--1.
Absent: Chafin--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 251) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 262, Removing prohibition against using
county's General Revenue Fund for historic preservation.
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, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Chafin--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 262) 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. 277, Requiring Tax
Commissioner create single dwelling residential housing index.
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, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Chafin--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. 277) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 329, Updating terms in Personal Income
Tax 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, Caruth, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Chafin--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 329) passed with its title.
Senator Edgell moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Chafin--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 329) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 410, Updating terms in Corporation Net
Income Tax 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, Caruth, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Chafin--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 410) passed with its title.
Senator Edgell moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Chafin--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 410) takes effect from passage.
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. 66, Relating to school employees' donated
personal leave days.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 306, Increasing pipeline companies' special
license fees to Public Service Commission.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 370, Relating to community
corrections program fees.
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 twelfth order of business.
Remarks were made by Senators Kessler, Williams, Caruth and
Snyder.
Thereafter, at the request of Senator Foster, and by unanimous
consent, the remarks by Senator Kessler were ordered printed in the
Appendix to the Journal.
At the request of Senator Caruth, unanimous consent being
granted, the remarks by Senator Williams were ordered printed in
the Appendix to the Journal.
At the request of Senator K. Facemyer, and by unanimous
consent, the Senate returned to the eleventh order of business and
the introduction of guests.
The Senate proceeded to the thirteenth order of business.
At the respective requests of Senators Plymale and Caruth,
unanimous consent being granted, it was ordered that the Journal
show had Senators Plymale and Caruth been present in the chamber on
yesterday, Monday, March 9, 2009, they would have voted "yea" on
the passage of Engrossed Committee Substitute for Senate Bill No.
284, Engrossed Committee Substitute for Senate Bill No. 339 and
Engrossed Committee Substitute for Senate Bill No. 405.
On motion of Senator Edgell, a leave of absence for the day
was granted Senator Chafin.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Edgell, the Senate adjourned until
tomorrow, Wednesday, March 11, 2009, at 11 a.m.
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