sdj-37th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2010
THIRTY-SEVENTH DAY
____________
Charleston, W. Va., Thursday, February 18, 2010
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by
Dr. Jeffrey Johnson, Senior Pastor,
Mount Vernon Baptist Church, Hurricane, West Virginia
.
Pending the reading of the Journal of Wednesday, February 17,
2010,
On motion of Senator Plymale, 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 adoption by that body and requested the concurrence of the
Senate in the adoption of
Eng. Com. Sub. for House Joint Resolution No. 101--
Proposing
an amendment to the Constitution of the State of West Virginia,
amending article X thereof by adding thereto a new section,
designated section one-d, relating to authorizing the exemption
from ad valorem taxation of tangible personal property directly used in commercial and industrial businesses; 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.
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. 4034--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §8-12-16c, relating to authorizing any
municipality to enact by ordinance a vacant building registration
program; authorizing the assessment and collection of registration
fees; authorizing exemptions of certain vacant properties;
authorizing establishing a lien and assessment of civil penalties;
authorizing an ordinance on notice to out of state owners;
requiring certain procedures for administration and enforcement and
appeal; and providing for a special account and specifying uses of
monies received from fees assessed.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
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. 4143--A Bill to repeal §16-
4C-5a of the Code of West Virginia, 1931, as amended; to amend and reenact §16-4C-3, §16-4C-6, §16-4C-6a, §16-4C-8, §16-4C-9, §16-4C-
10, §16-4C-12 and §16-4C-16 of said code, all relating to emergency
medical services; revising definitions; revising rulemaking
authority; revising requirement to review statewide emergency
medical services implementation plan; revising requirements to
operate emergency medical vehicle; requiring applicants to allow
the State Police access to personal background information;
removing nonutilized code sections; requiring certified persons to
report violations; providing immunity from civil liability for
reporting violations; clarifying procedures for hearings, rights of
appeal and judicial review; removing automatic stay on appeal;
increasing criminal penalties; clarifying limitations on immunity
in the absence of required insurance policy; and removing
antiquated language.
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. Com. Sub. for House Bill No. 4157--A Bill to repeal §16-
1-16 of the Code of West Virginia, 1931, as amended; to amend and
reenact §5-6-1 of said code; to amend and reenact §5A-1-11 of said
code; to amend and reenact §5B-1-1a of said code; to amend and
reenact §9-2-1a of said code; to amend and reenact §17-16A-3 of
said code; to amend and reenact §17B-2-7a of said code; to amend
and reenact §17C-15-44 of said code; to amend and reenact §18-10A-2
of said code; to amend and reenact §19-1-3a of said code; to amend and reenact §19-12A-3 of said code; to amend and reenact §22C-12-6
of said code; to amend and reenact §24-1-3 of said code; to amend
and reenact §24A-1A-2 of said code; to amend and reenact §24E-1-11
of said code; to amend and reenact §30-30-3 of said code; and to
amend and reenact §47A-1-1 of said code, all relating to repealing
obsolete code provisions.
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. Com. Sub. for House Bill No. 4176--A Bill to amend and
reenact §16-1A-1, §16-1A-2, §16-1A-3, §16-1A-4 and §16-1A-5 of the
Code of West Virginia, 1931, as amended, and to amend said code by
adding thereto five new sections, designated §16-1A-6, §16-1A-7,
§16-1A-8, §16-1A-9 and §16-1A-10, all relating to credentialing of
health care practitioners; establishing a single statewide
credentialing verification organization; setting forth legislative
findings, defining key terms; increasing the membership of the
advisory committee; providing for contracting authority; setting
forth an application process; providing for the confidentiality of
information; setting forth legislative rulemaking authority; and
providing for the establishment of fees and penalties and granting
immunity to credentialing entity for reliance upon information
provide by the statewide credentialing verification organization.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Banking and Insurance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4210--A Bill to amend and
reenact §5-16-4 of the Code of West Virginia, 1931, as amended,
relating to the Public Employees Insurance Agency Finance Board;
changing the board's composition; requiring a quorum of five
members to be present at any public hearing conducted by the board;
and making stylistic and technical changes.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 56--Requesting the Division of
Highways place commemorative signs at mile marker 65.5 of the north
and south bound lanes of Interstate 64/Interstate 77 near Mahan in
Fayette County and on Route 19 one mile north of its intersection
with Route 61 near Oak Hill in Fayette County indicating that the
motorist is crossing the 38th parallel north in honor of the
veterans of the Korean War and particularly in memory of the
thousands who died in the pursuit of freedom for all mankind.
Referred to the Committee on Transportation and
Infrastructure.
The Senate proceeded to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 10, Transferring certain cash balances between
funds administered by Commissioner of Highways.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
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. 85, Repealing article banning nuclear power
plants' construction.
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 Oliverio, from the Committee on Labor, submitted the
following report, which was received:
Your Committee on Labor has had under consideration
Senate Bill No. 104, Requiring employees selling alcohol take alcohol awareness course.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 104 (originating in the
Committee on Labor)--A Bill
to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §60-
3A-3a; and to amend said code by adding thereto a new section,
designated §60-7-9, all relating to requiring certain employees of
licensed private clubs and retail outlets selling alcoholic
beverages to take the techniques for education and alcohol
management course, the training for intervention procedures course,
alcohol awareness programs provided by the American Hotel and
Lodging Association or the National Restaurant Association or other
similar alcohol awareness education courses provided or approved by
the Alcohol Beverage Control Commissioner; and providing rule-
making authority.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Michael A. Oliverio II,
Chair.
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. 122, Increasing mental health treatment
refusal age of consent.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 220, Authorizing certain bond issuers receive
federal subsidy bond credit payments.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
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. 240, Authorizing Department of Administration
promulgate legislative rule relating to state-owned vehicles.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 240 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended,
relating
generally to the promulgation of administrative rules by the
Department of
Administration;
legislative mandate or authorization for the promulgation of certain legislative rules
by various
executive or administrative agencies of the state
; authorizing
certain of the agencies to promulgate certain legislative rules in
the form that the rules were filed in the State Register;
authorizing certain of the agencies to promulgate certain
legislative rules with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee;
authorizing certain of the agencies to promulgate certain
legislative rules with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee and as
amended by the Legislature; authorizing certain of the agencies to
promulgate certain legislative rules in the form that the rules
were filed in the State Register
and as amended by the Legislature;
authorizing the Division of Personnel to promulgate a legislative
rule relating to the administration of the division; authorizing
the Department of Administration to promulgate a legislative rule
relating to state-owned vehicles; authorizing the Consolidated
Public Retirement Board to promulgate a legislative rule relating
to the Teachers Retirement System; authorizing the Consolidated
Public Retirement Board to promulgate a legislative rule relating
to the Public Employees Retirement System; authorizing the
Consolidated Public Retirement Board to promulgate a legislative
rule relating to refund, reinstatement and loan interest factors;
and authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to the West Virginia State
Police.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 298, Authorizing Board of Medicine promulgate
legislative rule relating to fees for services rendered by board,
including assistance to board-designated physician health program
for physicians, podiatrists and physician assistants.
Senate Bill No. 300, Authorizing DMV promulgate legislative
rule relating to collection of tax on sale of vehicle.
Senate Bill No. 320, Authorizing State Tax Department
promulgate legislative rule relating to Consumers Sales and Service
Tax and Use Tax--drugs, durable medical goods, mobility-enhancing
equipment and prosthetic devices per se exemption; and motor
vehicles per se exemption.
And,
Senate Bill No. 322, Authorizing Division of Tourism
promulgate legislative rule relating to direct advertising grants
program.
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,
Walt Helmick,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 311, Authorizing Board of Osteopathy
promulgate legislative rule relating to fees for services rendered
by board.
And,
Senate Bill No. 408, Authorizing DHHR promulgate legislative
rule relating to out-of-school time child care center licensing
requirements.
And reports the same back with the recommendation that they
each do pass; but under the original triple committee references
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bills, under the original triple 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. 443, Requiring certain DUI offenders participate in Motor Vehicle Alcohol Test and Lock Program.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 443 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §17C-5-2
of the Code of West Virginia, 1931, as amended; to amend said code
by adding thereto a new section, designated §17C-5-2b; to amend and
reenact §17C-5A-1a, §17C-5A-2, §17C-5A-3 and §17C-5A-3a of said
code; and to amend and reenact §61-11-22 and §61-11-25 of said
code, all relating to procedures for conditional probation,
deferral and dismissal of criminal charges and expungement of
arrest record for certain persons charged for the first time with
a non-aggravated offense of driving under the influence of alcohol
conditioned upon successful completion of the motor vehicle alcohol
test and lock program; exempting from eligibility for said
conditional probation persons originally charged with any
aggravated offense of driving under the influence of alcohol, any
controlled substance, or any other drug, persons holding commercial
drivers' licenses or operating a commercial vehicle, and persons
who have had their drivers' licenses previously revoked for driving
under the influence of alcohol, any controlled substance or any
other drug in any jurisdiction; providing procedures for
termination of conditional probation upon violation of the terms
thereof; exempting records maintained by the division of motor
vehicles from expungement; preserving criminal and administrative
consequences for any subsequent charge of driving under the influence of alcohol, and providing that any determination of
indigency made by the department of health and human resources for
purposes of subsidized participation in the safety and treatment
program shall apply to subsidization of participation in the motor
vehicle alcohol test and lock program.
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. 444, Increasing Employee Suggestion Award
Board cash award.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 444 (originating in the
Committee on Government Organization)--A Bill
to amend and reenact
§5A-1A-4 of the Code of West Virginia, 1931, as amended, relating
to the Employee Suggestion Award Program; increasing the maximum
cash award; requiring the board to report to the Legislature every
five years; and allowing the Governor to make a secondary award.
Senate Bill No. 447, Providing certain nonstate retirees
responsible for PEIA costs.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 447 (originating in the
Committee on Government Organization)--A Bill
to amend and reenact
§5-16-22 of the Code of West Virginia, 1931, as amended, relating
to the West Virginia Public Employees Insurance Agency; and
providing that certain nonstate retired employees who have worked
for their last nonstate employer for less than five years are
responsible for their entire premium cost for coverage.
And,
Senate Bill No. 537, Authorizing real property transfer tax
collected by state be paid to counties.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 537 (originating in the
Committee on Government Organization)--A Bill
to amend and reenact
§11-22-2 of the Code of West Virginia, 1931, as amended, relating
to authorizing the real property transfer tax collected by the
state to be paid to the counties; and providing this be
accomplished incrementally over a five-year period.
With the recommendation that the three committee substitutes
do pass; but under the original double committee references first
be referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bills (Com. Sub. for S. B. Nos. 444, 447 and 537), under the original double committee references, were 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. 458, Distributing minimum share of severance
tax to coalbed methane-producing counties.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 458 (originating in the
Committee on Energy, Industry and Mining)--A Bill
to amend and
reenact §31-15A-16 of the Code of West Virginia, 1931, as amended,
relating to dedication of severance tax proceeds; specifying a
minimum share of coalbed methane severance tax revenue be
distributed to producing counties in an amount at least equal to
the share received by nonproducing counties; specifying the
distribution method for severance tax revenues for coalbed methane-
producing and -nonproducing counties; and specifying computation.
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,
Mike Green,
Chair.
The bill (Com. Sub. for S. B. No. 458), under the original double committee reference, was then referred to the Committee on
Finance.
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. 464, Clarifying Division of Personnel
functions.
And,
Senate Bill No. 477, Creating centralized filing system for
legislative reports.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
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. 465, Relating to utility service
disconnection.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 465 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §8-19-12a
of the Code of West Virginia, 1931, as amended; to amend and reenact §8-20-10 of said code; to amend and reenact §16-13-16 of
said code; and to amend and reenact §16-13A-9 of said code, all
relating to the discontinuation of water and sewer utility service
for a delinquent bill; and the acceptance of payment at the
customer's premises.
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. 467, Revising classification and compensation
plans for certain civil service employees.
And reports the same back with the recommendation it 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, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Bill No. 473, Authorizing conservation officers conduct
boat safety checks.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 473 (originating in the
Committee on Natural Resources)--A Bill
to amend and reenact §20-7-
4 of the Code of West Virginia, 1931, as amended, relating to
empowering conservation officers to stop vessels to conduct safety
checks under certain circumstances; and permitting officers to
board vessels only with consent or upon probable cause
that there
is criminal activity on board
.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
John Pat Fanning,
Chair.
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. 514, Clarifying certain language in Controlled
Substances Monitoring Act.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
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. 518, Creating Governor's Commission to Seize
Future of Energy for America.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 518 (originating in the
Committee on Energy, Industry and Mining)--A Bill
to amend the Code
of West Virginia, 1931, as amended, by adding thereto a new
article, designated §5B-8-1, §5B-8-2, §5B-8-3, §5B-8-4, §5B-8-5 and
§5B-8-6, all relating to the creation of the Governor's Commission
on Shaping the Future of Energy for the United States; making
legislative findings; setting forth the members and officers of the
commission; setting the compensation and the funding for the
expenses of the commission; granting powers and duties to the
commission; requiring the commission to report to the Joint
Committee on Government and Finance and the Governor; and providing
for the termination of the commission.
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,
Mike Green,
Chair.
The bill (Com. Sub. for S. B. No. 518), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 536, Establishing industrial and commercial
fire permits and fee for forests and wildlife areas.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 536 (originating in the
Committee on Natural Resources)--A Bill to amend and reenact §20-3-
5 of the Code of West Virginia, 1931, as amended, relating to
forest fire seasons; clarifying permitted and prohibited fires;
establishing industrial permit and fee; establishing criminal and
civil penalties; and making technical corrections.
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 Pat Fanning,
Chair.
The bill (Com. Sub. for S. B. No. 536), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. House Bill No. 4309, Authorizing the Town of Moorefield,
the Hardy County Commission, and Hardy County's largest corporate
user of public wastewater facilities to construct and maintain a
state of the art regional wastewater treatment plant.
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,
Edwin J. Bowman,
Chair.
The bill, 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 were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators Bowman and Kessler:
Senate Bill No. 600--A Bill to amend and reenact §6-7-2a of
the Code of West Virginia, 1931, as amended, relating to salaries
of appointive state officers; setting a salary range for the
Lottery Director; and allowing the Governor to determine the salary
of the Lottery Director.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Snyder:
Senate Bill No. 601--A Bill to amend and reenact §22-3-9 and
§22-3-22 of the Code of West Virginia, 1931, as amended; to amend
and reenact §22-6-6 and §22-6-11 of said code; to amend and reenact
§29-1-8a of said code; to amend and reenact §37-13A-1, §37-13A-2
and §37-13A-5 of said code; to amend said code by adding thereto a
new section, designated §37-13A-7; and to amend and reenact §61-8-
14 of said code, all relating to the access to and protection of
cemeteries; amending surface mining permit application
requirements; amending gas and oil well work permit requirements;
requiring permits be reviewed to determine the potential for
cemetery damage; clarifying procedures for protection of graves and
burial sites; clarifying requirements and procedures for access to
cemeteries and grave sites located on private land; and enhancing
the crime of disinterment of a dead body or damage to a cemetery.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Helmick, White, Unger, Plymale, Minard, Chafin and
McCabe:
Senate Bill No. 602--A Bill to repeal §11-1B-17 of the Code of
West Virginia, 1931, as amended; to repeal §11-2-11 of said code;
to repeal §11-3-10b of said code; to repeal §11-4-9 of said code;
to repeal §11-5-10a of said code; to repeal §11-6-25 of said code;
to repeal §11-6D-1, §11-6D-2, §11-6D-3, §11-6D-4, §11-6D-5, §11-6D-6, §11-6D-7 and §11-6D-8 of said code; to repeal §11-10-24 of said
code; to repeal §11-10B-1, §11-10B-2, §11-10B-3, §11-10B-4, §11-
10B-5, §11-10B-6, §11-10B-7 and §11-10B-8 of said code; to repeal
§11-10D-12 of said code; to repeal §11-13-29 of said code; to
repeal §11-21-14 and §11-21-15 of said code; to repeal §11-24-9 of
said code; and to repeal §18-7-3 of said code, all relating to
repealing outdated and obsolete sections of the tax code.
Referred to the Committee on Finance.
By Senator Stollings:
Senate Bill No. 603--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §33-25G-1 and §33-25G-2, all relating to requiring a
minimum level of health insurance plan coverage to out-of-network
health care providers where there is no in-network provider with
substantially similar experience relating to a covered condition,
treatment or procedure.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Banking and Insurance.
By Senators Bowman, White and Plymale:
Senate Bill No. 604--A Bill to amend and reenact §27-5-11 of
the Code of West Virginia, 1931, as amended, relating to extending
the sunset provision by two years.
Referred to the Committee on Government Organization.
By Senators Plymale, Kessler and Foster:
Senate Bill No. 605--A Bill to amend and reenact §11-16-13 of
the Code of West Virginia, 1931, as amended, relating to increasing the barrel tax on nonintoxicating beer; and requiring the increased
moneys from this tax to be expended on alcohol and drug abuse
programs.
Referred to the Committee on Finance.
By Senators McCabe, Helmick, Browning, Bowman, Barnes,
Kessler, Foster, D. Facemire, Plymale, Minard and Chafin:
Senate Bill No. 606--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §4-14-1, §4-14-2, §4-14-3, §4-14-4, §4-14-5, §4-14-6 and
§4-14-7, all relating to creating the West Virginia Ski Resort
Industry Commission to encourage and foster the continued
development of the state's ski resort industry.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Wells, Plymale and Minard:
Senate Bill No. 607--A Bill to amend and reenact §15-1E-1,
§15-1E-2, §15-1E-3, §15-1E-4, §15-1E-5, §15-1E-6, §15-1E-7, §15-1E-
8, §15-1E-9, §15-1E-10, §15-1E-11, §15-1E-12, §15-1E-13, §15-1E-14,
§15-1E-15, §15-1E-16, §15-1E-17, §15-1E-18, §15-1E-19, §15-1E-20,
§15-1E-21, §15-1E-22, §15-1E-23, §15-1E-24, §15-1E-25, §15-1E-26,
§15-1E-27, §15-1E-28, §15-1E-29, §15-1E-30, §15-1E-31, §15-1E-32,
§15-1E-33, §15-1E-34, §15-1E-35, §15-1E-36, §15-1E-37, §15-1E-38,
§15-1E-39, §15-1E-40, §15-1E-41, §15-1E-42, §15-1E-43, §15-1E-44,
§15-1E-45, §15-1E-46, §15-1E-47, §15-1E-47a, §15-1E-48, §15-1E-49,
§15-1E-50, §15-1E-51, §15-1E-52, §15-1E-53, §15-1E-54, §15-1E-54a,
§15-1E-55, §15-1E-55a, §15-1E-55b, §15-1E-56, §15-1E-57, §15-1E-58, §15-1E-59, §15-1E-60, §15-1E-61, §15-1E-62, §15-1E-63, §15-1E-64,
§15-1E-65, §15-1E-66, §15-1E-67, §15-1E-68, §15-1E-69, §15-1E-70,
§15-1E-70a, §15-1E-70b, §15-1E-71, §15-1E-72, §15-1E-73, §15-1E-74,
§15-1E-75, §15-1E-76, §15-1E-77, §15-1E-78, §15-1E-79, §15-1E-80,
§15-1E-81, §15-1E-82, §15-1E-83, §15-1E-84, §15-1E-85, §15-1E-86,
§15-1E-87, §15-1E-88, §15-1E-89, §15-1E-90, §15-1E-91, §15-1E-92,
§15-1E-93, §15-1E-94, §15-1E-95, §15-1E-96, §15-1E-97, §15-1E-98,
§15-1E-99, §15-1E-100, §15-1E-101, §15-1E-102, §15-1E-103, §15-1E-
104, §15-1E-104a, §15-1E-105, §15-1E-106, §15-1E-107, §15-1E-108,
§15-1E-109, §15-1E-110, §15-1E-111, §15-1E-112, §15-1E-113, §15-1E-
114, §15-1E-115 and §15-1E-116 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto ten new
sections, designated §15-1E-117, §15-1E-118, §15-1E-119, §15-1E-
120, §15-1E-121, §15-1E-122, §15-1E-123, §15-1E-124, §15-1E-125 and
§15-1E-126, all relating to adopting the Uniform State Military
Code of Justice; definitions; persons subject to this code and
jurisdiction; territorial applicability of the code; apprehension
and restraint; nonjudicial punishment; court-martial jurisdiction;
appointment and composition of courts-martial; pretrial procedure;
trial procedure; sentences after conviction; post-trial procedure
and review of courts-martial; punitive articles; and miscellaneous
provisions.
Referred to the Committee on Military; and then to the
Committee on the Judiciary.
By Senator Plymale:
Senate Bill No. 608--A Bill to amend and reenact §18A-4-8d of the Code of West Virginia, 1931, as amended, relating to
encouraging and authorizing county boards of education to obtain
central office administrator services by agreement with regional
education service agencies or other county boards; requiring county
boards to consider a detailed written study of the feasibility of
such an agreement and determine whether to obtain needed
administrative services through such an agreement before posting
notice of vacancy in certain administrator positions; requiring the
determination and the feasibility report to be submitted to the
state superintendent; prohibiting the county board from posting the
notice of vacancy without again making the determination if the
state superintendent finds that the prior determination is
arbitrary and capricious; requiring a state board rule; authorizing
the termination of an employee's contract in certain instances; and
requiring report to the Legislative Oversight Commission on
Education Accountability.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Chafin:
Senate Bill No. 609--A Bill to amend and reenact §51-7-4 of
the Code of West Virginia, 1931, as amended, relating to increasing
the page rates a court reporter is to receive for providing
typewritten transcripts.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
Senators Stollings, Browning, Jenkins, Oliverio, Tomblin (Mr. President), Bowman, Barnes, White, Unger, Snyder, Sypolt, Williams,
Yost, Kessler, Foster, Prezioso, Plymale, Minard, McCabe, D.
Facemire, Laird and Edgell offered the following resolution:
Senate Resolution No. 28--Recognizing the Boy Scouts of
America on their 100th anniversary.
Whereas, On February 8, 2010, the Boy Scouts of America
celebrated their 100th year as an organization; and
Whereas, For 100 years the Boy Scouts of America has created
a strong foundation of leadership, service and community for
America's youth in preparing them to become engaged citizens and
leaders; and
Whereas, The Boy Scouts of America is one of the nation's
foremost youth programs of character development and values-based
leadership training; and
Whereas, The Boys Scouts of America teaches the core values of
duty to God and country, personal honor, respect for the beliefs of
others, volunteerism and interdependence with the environment,
principles which are conducive to good character, leadership and
health; and
Whereas, The Boy Scouts of America serve nearly 2.8 million
young people between 7 and 20 years of age, with more than 300
councils throughout the United States and its territories; and
Whereas, The Boy Scouts of America "A Year of Celebration, A
Century of Making a Difference" began on September 1, 2009, and
will end on December 31, 2010; and
Whereas, The 100th Anniversary Boy Scout Jamboree will be held July 26 to August 4, 2010, at Fort A. P Hill, Virginia; therefore,
be it
Resolved by the Senate:
That the Senate hereby recognizes the Boy Scouts of America on
their 100th anniversary; and, be it
Further Resolved, That the Senate commends the Boy Scouts of
America for choosing West Virginia as its permanent home for not
only a high adventure base, but for its National Scout Jamboree;
and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate representatives from
the Boy Scouts of America.
At the request of Senator Stollings, 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 Snyder, Oliverio, Barnes, Unger, Kessler, Foster,
Plymale and McCabe offered the following resolution:
Senate Resolution No. 29--Recognizing the accomplishments of
the Jefferson County Black History Preservation Society during
Black History Month 2010.
Whereas, In September 2000, four African-American men from
Jefferson County concluded that the rich reservoir of Black history was being forgotten in American history; and
Whereas, James L. Taylor, Nathaniel F. Downing, Sr., George C.
Rutherford and James A. Tolbert, Sr., recognized the need for
collecting, documenting and archiving Black history in Jefferson
County. Together, they formed the Jefferson County Black History
Preservation Society; and
Whereas, In 2009, a documentary was produced, titled "Road
Trip to History: African-American of Jefferson County." The
documentary highlights slavery, the John Brown raid of 1859 on the
Harpers Ferry Arsenal, Black education, organizations, churches,
service to the military, civil rights history and the civil rights
movement, Storer College and other areas of interest in the
Jefferson County; and
Whereas, Since its inception, the Jefferson County Black
History Preservation Society has been credited for a myriad of
worthwhile projects designed to preserve African-American history.
It began conducting tours of Charles Town and Harpers Ferry Black
historic sights. It prepares exhibits to be displayed during each
annual Black History Month. It has worked diligently with state
officials to secure five historic highway markers relating to Black
history. The Society also makes presentations to schools,
organizations and churches designed to educate the public about
Black history in Jefferson County; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the accomplishments of the
Jefferson County Black History Preservation Society during Black History Month 2010; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate officials of the
Jefferson County Black History Preservation Society.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Oliverio, and by
unanimous consent, the remarks by Senator Snyder regarding the
adoption of Senate Resolution No. 29 were ordered printed in the
Appendix to the Journal.
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 Prezioso, Oliverio, Kessler, Plymale and Minard
offered the following resolution:
Senate Resolution No. 30--
Recognizing Marion County native D.
D. Meighen, minister and member of the Marion Country Historical
Society.
Whereas, D. D. Meighen has served numerous churches and West
Virginia University as a campus minister in the 1980's; and
Whereas, D. D. Meighen retired from United Methodist Ministry
after 41 years of service to the community; and
Whereas, D. D. Meighen promoted the establishment of Miner's
Day in West Virginia; and
Whereas, D. D. Meighen spearheaded the preservation of black
history in Marion County through a series of events and oral
history projects to document the heritage of Fairmont's African
Americans; and
Whereas, D. D. Meighen revived the History of the Father's Day
Church and portrayed father Fletcher Golden; and
Whereas, In 2010, D. D. Meighen was honored for his dedication
to preserving the living history of his community, and nominated as
a History Hero by the Marion County Historical Society; therefore,
be it
Resolved by the Senate:
That the Senate hereby recognizes
Marion County native D. D.
Meighen, minister and member of the Marion Country Historical
Society;
and, be it
Further Resolved, That the Senate acknowledges the many
important contributions to the preservation of living history by
Marion County native D. D. Meighen
; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the representatives from Marion County
and the Marion County Historical Society.
At the request of Senator Prezioso, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Oliverio, and by
unanimous consent, the remarks by Senator Prezioso regarding the
adoption of Senate Resolution No. 30 were ordered printed in the Appendix to the Journal.
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 Jenkins, and by unanimous consent, returned
to the second order of business and the introduction of guests.
The Senate again proceeded to the sixth order of business.
Senators Unger, Jenkins, Oliverio, Snyder, Yost, Kessler,
Plymale, Minard, Chafin, McCabe and Foster offered the following
resolution:
Senate Resolution No. 31--Recognizing the West Virginia
Commission for the Sesquicentennial of the American Civil War.
Whereas, The West Virginia Commission for the Sesquicentennial
of the American Civil War was created by Senate Bill 404, which was
passed by the West Virginia Legislature on April 10, 2010; and
Whereas, The mission of the West Virginia Commission for the
Sesquicentennial of the American Civil War is to promote awareness,
celebrate the unique creation of the state of West Virginia and the
role of its people during the Civil War era, and its continuing
effect on our people; and
Whereas, West Virginia was the only state in the Union named
by presidential decree and as a state that was born out of the
Civil War, West Virginia has special reason to acknowledge the
150th anniversary of the conflict; and
Whereas, The West Virginia Commission for the Sesquicentennial
of the American Civil War seeks to encourage continued preservation of our Civil War heritage, identify economic development
opportunities for historic and cultural tourism and promote the
study of West Virginia and Civil War history; and
Whereas, It is fitting, on West Virginia History Day at the
Legislature, that the Senate recognizes the West Virginia
Commission for the Sesquicentennial of the American Civil War;
therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the West Virginia Commission
for the Sesquicentennial of the American Civil War; and, be it
Further Resolved, That the Senate acknowledges the mission of
the West Virginia Commission for the Sesquicentennial of the
American Civil War and thanks each of its members for their
efforts; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the West Virginia Commission for the
Sesquicentennial of the American Civil War.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Kessler, and by
unanimous consent, the remarks by Senator Unger regarding the
adoption of Senate Resolution No. 31 were ordered printed in the
Appendix to the Journal.
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, and by unanimous consent, returned
to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 610 (originating in the Committee on Finance)-
-A Bill to amend and reenact §49-2B-3 of the Code of West Virginia,
1931, as amended, relating to the licensure, certification,
approval and registration requirements of child care facilities,
child-placing agencies and day care centers; extending the
statutory exemption to certain out-of-school time programs that
already meet established health and safety requirements; and
requiring registration of certain out-of-school time programs.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
On motion of Senator Helmick, the bill (S. B. No. 610)
contained in the foregoing report from the Committee on Finance was
then referred to the Committee on Government Organization.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 611 (originating in the Committee on Finance)--A Bill to amend and reenact §18B-1B-4 of the Code of West
Virginia, 1931, as amended; to amend and reenact §18B-2B-6 of said
code; and to amend and reenact §18B-4-1 of said code, all relating
to locating the offices of the Higher Education Policy Commission,
the Vice Chancellor for Administration and the West Virginia
Council for Community and Technical College Education.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Chafin, unanimous consent being
granted, the bill (S. B. No. 611) contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes,
Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, 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: None.
Absent: Caruth and Green--2.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 611 was then read a third time and
put upon its passage.
Pending discussion,
The question being "Shall Engrossed Senate Bill No. 611 pass?"
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, 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: None.
Absent: Caruth and Green--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 611) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, 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: None.
Absent: Caruth and Green--2.
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. 611) 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 seventh order of business.
Senate Concurrent Resolution No. 30, Requesting DOH name
bridge in Wyoming County "Hubert Cline Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
House Concurrent Resolution No. 14, Declaring that the month
of May be proclaimed as Lyme Disease Awareness Month beginning in
2010.
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.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 364, Permitting Office of Chief
Medical Examiner inspect certain controlled substances'
information.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes,
Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, 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: None.
Absent: Caruth and Green--2.
Engrossed Committee Substitute for Senate Bill No. 364 was
then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, 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: None.
Absent: Caruth and Green--2.
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. 364) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 422, Limiting liability for
nonhealth care provider defibrillator users.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Senate Bill No. 511, Relating to tagging and checking beaver
pelts.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Senate Bill No. 512, Increasing game trap markings.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
The Senate proceeded to the tenth order of business.
Senate Bill No. 214, Updating certain terms in Corporation Net
Income Tax Act.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 216, Updating terms in Personal Income Tax Act.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 230, Relating to Board of
Optometry.
On first reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Bowman, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Com. Sub. for Senate Bill No. 273, Authorizing DEP promulgate
legislative rules.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 376, Relating to residential
mortgage foreclosure data.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 385, Requiring banks provide bond to secure
certain county deposits.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 387, Providing certain mortgage loan
originators be licensed or registered.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 399, Relating to magistrates' election by
division.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 401, Relating to ad valorem
property taxes.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 402, Relating to Supreme Court Justices'
election by division.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 445, Extending time Fairmont City Council can
meet.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 461, Relating to administration of sales and
use tax.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 517, Creating Uniform Real
Property Electronic Recording Act.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 547, Correcting inconsistency in school board
levies' code.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 548, Extending time Boone County Board of
Education can meet as levying body.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Plymale, unanimous consent being
granted, it was ordered that the Journal show had Senator Plymale
been present in the chamber on Monday, February 15, 2010, he would
have voted "yea" on the passage of Engrossed Committee Substitute
for Senate Bill No. 38, Engrossed Committee Substitute for Senate
Bill No. 218, Engrossed Committee Substitute for Committee
Substitute for Senate Bill No. 236, Engrossed Committee Substitute
for Senate Bill No. 397 and Engrossed Senate Bill No. 436; and on
Tuesday, February 16, 2010, he would have voted "yea" on Engrossed
Committee Substitute for Senate Bill No. 89, Engrossed Committee
Substitute for Senate Bill No. 354, Engrossed Senate Bill No. 382
and Engrossed Senate Bill No. 391.
On motion of Senator Chafin, leaves of absence for the day
were granted Senators Caruth and Green.
Pending announcement of meetings of standing committees of the
Senate, including a minority party caucus,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, February 19, 2010, at 11 a.m.
____________