sdj-66th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
EXTENDED SESSION, 2010
SIXTY-SIXTH DAY
____________
Charleston, W. Va., Friday, March 19, 2010
The Senate met at 6 p.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable Jeffrey V. Kessler, a
senator from the second district.
Pending the reading of the Journal of Thursday, March 18,
2010,
On motion of Senator Helmick, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the third order of business.
Executive Communications
The Clerk then presented communications from His Excellency,
the Governor, advising that on March 18, 2010, he had approved
Enr.
Senate Bill No. 214, Enr. Committee Substitute for Senate Bill No.
215, Enr. Senate Bill No. 339, Enr. Committee Substitute for Senate
Bill No. 345, Enr. Committee Substitute for Senate Bill No. 354,
Enr. for Senate Bill No. 381, Enr. Senate Bill No. 382, Enr. Senate
Bill No. 387, Enr. Senate Bill No. 436, Enr. Senate Bill No. 445,
Enr. Senate Bill No. 461, Enr. Senate Bill No. 464, Enr. Senate
Bill No. 604 and
Enr. Committee Substitute for Senate Bill No. 656; and on March 19, 2010, he had approved
Enr. Committee Substitute
for House Bill No. 2503, Enr. Committee Substitute for House Bill
No. 4299, Enr. Committee Substitute for House Bill No. 4352, Enr.
Committee Substitute for House Bill No. 4425, Enr. Committee
Substitute for House Bill No. 4436 and
Enr. Committee Substitute
for House Bill No. 4534.
The Senate proceeded to the fourth order of business.
Senator Palumbo, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 18th day of March, 2010, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(H. B. No. 2485), Allowing pharmacy interns to vend
pseudoephedrine and other chemical precursors of methamphetamine.
(H. B. No. 4026), Relating to higher education capital
facilities generally.
(Com. Sub. for H. B. No. 4130), Creating the West Virginia
Supreme Court of Appeals Public Campaign Financing Pilot Program.
(Com. Sub. for H. B. No. 4167), Creating a special revenue
fund, known as the Department of Health and Human Resources Safety
and Treatment Fund.
(Com. Sub. for H. B. No. 4211), Providing supplemental funding
for providing alternative programs for limited English proficient
students.
(Com. Sub. for H. B. No. 4359), Requiring local labor for
public construction projects.
(Com. Sub. for H. B. No. 4397), Requiring the Superintendent
of the State Police to implement a plan to increase the number of
troopers.
(Com. Sub. for H. B. No. 4450), Relating to land surveyors.
(H. B. No. 4589), Conforming article three of chapter three of
the Code of West Virginia, to the requirements of the Military and
Overseas Voter Empowerment Act of 2009.
And,
(H. B. No. 4669), Granting exceptions to certain statutes to
innovation zone plans approved by state board.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Palumbo, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 19th day of March, 2010, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(S. B. No. 42), Revising Municipal Economic Opportunity
Development District Act.
(Com. Sub. for S. B. No. 81), Creating WV Official
Prescription Program Act.
(Com. Sub. for
S. B. No. 185), Creating WV Commercial Patent
Incentives Tax Act.
(Com. Sub. for
S. B. No. 240), Authorizing Department of
Administration promulgate legislative rules.
(Com. Sub. for
Com. Sub. for
S. B. No. 365), Requiring
pharmacies provide personnel online access to controlled substances
database.
(S. B. No. 385), Requiring banks provide bond to secure
certain county deposits.
(S. B. No. 388), Specifying number of members on municipal
planning commissions and zoning boards.
(S. B. No. 390), Clarifying court assesses private
investigative and security services regulations violation
penalties.
(Com. Sub. for
S. B. No. 483), Authorizing HMOs offer point of
service option.
(Com. Sub. for
S. B. No. 507), Creating WV Innovative Mine
Safety Technology Tax Credit Act.
(S. B. No. 527), Requiring State Rail Authority establish
transportation and local rail service plan.
(S. B. No. 584), Relating to Center for Nursing's data
collection policy.
(S. B. No. 595), Extending vesting period for subdivision and
land development plans.
(Com. Sub. for
S. B. No. 618), Relating to osteopathic
physician assistants.
(S. B. No. 636), Reconstituting Commission to Study
Residential Placement of Children.
(Com. Sub. for
S. B. No. 651), Providing state bid preference
for certain current license or permit holders.
(Com. Sub. for
S. B. No. 665), Transferring certain Health
Care Authority's duties to Insurance Commissioner.
(Com. Sub. for H. B. No. 2503), Requiring licensed tattoo
artist to inform patrons, prior to performing the tattoo procedure,
of the potential problems that a tattoo may cause in relation to
the reading of magnetic resonance imaging.
(Com. Sub. for H. B. No. 4081), Authorizing the Department of
Military Affairs and Public Safety to promulgate legislative rules.
(Com. Sub. for H. B. No. 4110), Authorizing the Department of
Commerce to promulgate legislative rules.
(Com. Sub. for H. B. No. 4299), Providing that nonstate
retired employees who have worked for their last nonstate employer
for less than five years are responsible for their entire premium
cost.
(Com. Sub. for H. B. No. 4335), Relating to the business
registration tax.
(Com. Sub. for H. B. No. 4352), Authorizing the West Virginia
Supreme Court of Appeals to create a Business Court Division within
certain circuit court districts.
(Com. Sub. for H. B. No. 4425), Developing a pilot program for unlicensed personnel to administer medication in a nursing home.
(Com. Sub. for H. B. No. 4436), Providing discretion to
schools that make AYP to use assessments and adopting instructional
strategies and programs that promote student learning.
(Com. Sub. for H. B. No. 4457), Relating to the access to and
protection of cemeteries.
And,
(Com. Sub. for H. B. No. 4534), Increasing the criminal
penalty for failing to stop and render aid after a motor vehicle
accident; Erin's Law.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
The Senate next proceeded to the fifth order of business.
Filed Conference Committee Reports
The Clerk announced the following conference committee report
had been filed at 6:08 p.m. today:
Eng. Com. Sub. for Senate Bill No. 213, Budget Bill.
Senator Edgell then moved that the Senate adjourn until
tomorrow, Saturday, March 20, 2010, at 11 a.m.
The question being on the adoption of Senator Edgell's
aforestated motion, and on this question, Senator Edgell demanded
the yeas and nays.
The roll being taken, the yeas were: Boley, Bowman, Browning, Deem, Edgell, Facemire D., Facemyer K., Fanning, Foster, Hall,
Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale,
Prezioso, Snyder, Sypolt, Wells, White, Williams, Yost and Tomblin
(Mr. President)--26.
The nays were: Unger--1.
Absent: Barnes, Caruth, Chafin, Green, Guills, Oliverio and
Stollings--7.
So, a majority of those present and voting having voted in the
affirmative, the President declared Senator Edgell's motion had
prevailed.
In accordance with the foregoing motion, the Senate adjourned
until tomorrow, Saturday, March 20, 2010, at 11 a.m.
_________
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