WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

FOURTH EXTRAORDINARY SESSION, 2009

SECOND DAY

____________

Charleston, W. Va., Wednesday, November 18, 2009

     The Senate met at 12 o'clock Noon.
(Senator Tomblin, Mr. President, in the Chair.)

     Prayer was offered by the Honorable Walt Helmick, a senator from the fifteenth district.
     Pending the reading of the Journal of Tuesday, November 17, 2009,
     On motion of Senator Bowman, 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.
     Senator Tomblin (Mr. President) presented a communication from the Public Employees Grievance Board, submitting its annual report, in accordance with chapter six-c, article three, section two of the code of West Virginia.
     Which report was received and filed with the Clerk.
     The Senate proceeded to the third order of business.
     Senator Tomblin (Mr. President) laid before the Senate the following communication from His Excellency, the Governor, consisting of executive nominations for appointees:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

November 17, 2009

Senate Executive Message No. 1
TO:  The Honorable Members of the
     West Virginia Senate
Ladies and Gentlemen:
     I respectfully submit the following nominations for your advice and consent:
      1. For Member, Investment Management Board of Trustees, Terresa Pratt, South Point, Ohio, for the term ending January 31, 2015.
      2. For Member, Economic Development Authority, Allen Butcher, Morgantown, Monongalia County, for the term ending June 30, 2011.
      3. For Member, Economic Development Authority, Greg Skidmore, Sutton, Braxton County, for the term ending June 30, 2012.
      4. For Member, Economic Development Authority, Parween Mascari, Morgantown, Monongalia County, for the term ending June 30, 2011.
      5. For Member, Economic Development Authority, Kim Knopf, Charleston, Kanawha County, for the term ending June 30, 2012.
      6. For Member, Economic Development Authority, Marcus Estlack, Parkersburg, Wood County, for the term ending June 30, 2013.
      7. For Member, Veterans' Council, Robert Vass, Sr., Huntington, Cabell County, for the term ending June 30, 2015.
      8. For Member, Veterans' Council, Miles Epling, Charleston, Kanawha County, for the term ending June 30, 2013.
      9. For Member, Veterans' Council, Bill Harris, Glen Easton, Marshall County, for the term ending June 30, 2013.
      10. For Member, Veterans' Council, Debra Tompkins, Mount Nebo, Nicholas County, for the term ending June 30, 2014.
      11. For Member, Veterans' Council, Randall Bare, Sandyville, Jackson County, for the term ending June 30, 2012.
      12. For Member, Veterans' Council, Cedric Greene, Charleston, Kanawha County, for the term ending June 30, 2014.
      13. For Member, Board of Dental Examiners, Dr. David Edwards, Wellsburg, Brooke County, for the term ending June 30, 2014.
      14. For Member, Board of Dental Examiners, William Ford, Clarksburg, Harrison County, for the term ending June 30, 2012.
      15. For Member, Marshall University Board of Governors, Dale Lowther, Williamstown, Wood County, for the term ending June 30, 2013.
      16. For Member, Marshall University Board of Governors, Edward Howard III, Scottsdale, Arizona, for the term ending June 30, 2013.
      17. For Member, Marshall University Board of Governors, Michael Ferrell, Huntington, Cabell County, for the term ending June 30, 2013.
      18. For Member, Board of Barbers and Cosmetologists, Susan Poveromo, Madison, Boone County, for the term ending June 30, 2013.
      19. For Member, Board of Barbers and Cosmetologists, Michael Belcher, Charleston, Kanawha County, for the term ending June 30, 2013.
      20. For Member, Board of Barbers and Cosmetologists, Sarah Hamrick, Charleston, Kanawha County, for the term ending June 30, 2014.
      21. For Member, Board of Barbers and Cosmetologists, Jim Ryan, Alum Creek, Kanawha County, for the term ending June 30, 2014.
      22. For Member, Board of Barbers and Cosmetologists, Paula Kurczak, Fairmont, Marion County, for the term ending June 30, 2013.
      23. For Member, Board of Barbers and Cosmetologists, Justina Gabbert, Martinsburg, Berkeley County, for the term ending June 30, 2012.
      24. For Member, Council for Community and Technical College Education, Mary McKinley, Wheeling, Ohio County, for the term ending December 20, 2011.
      25. For Member, West Liberty University Board of Governors, Michael Stolarczyk, Toledo, Ohio, for the term ending June 30, 2013.
      26. For Member, West Liberty University Board of Governors, Ann Thomas, Wheeling, Ohio County, for the term ending June 30, 2011.
      27. For Member, West Liberty University Board of Governors, Paul Limbert, Wheeling, Ohio County, for the term ending June 30, 2013.
      28. For Member, West Liberty University Board of Governors, Robert Steptoe, Jr., Clarksburg, Harrison County, for the term ending June 30, 2012.
      29. For Member, Educational Broadcasting Authority, Laura Carter, Wheeling, Ohio County, for the term ending June 30, 2011.
      30. For Member, Educational Broadcasting Authority, John Dahlia, Fairmont, Marion County, for the term ending June 30, 2014.
      31. For Member, Surface Mine Board, Don Michael, Ravenswood, Jackson County, for the term ending June 30, 2011.
      32. For Member, Surface Mine Board, Ron Crites, Kingwood, Preston County, for the term ending June 30, 2010.
      33. For Member, Board of Directors of the West Virginia United Health System, Inc., Jim Jeffrey, Logan, Logan County, for the term ending October 15, 2014.
      34. For Secretary, Department of Health and Human Resources, Patsy Hardy, Parkersburg, Wood County, to serve at the will and pleasure of the Governor.
      35. For Acting Director, Governor's Office of Health Enhancement and Lifestyle Planning, The Honorable Martha Yeager Walker, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
      36. For Member, Bluefield State College Board of Governors, Robert Perkinson, Jr., Bluefield, Mercer County, for the term ending June 30, 2010.
      37. For Member, Bluefield State College Board of Governors, Roger Topping, Princeton, Mercer County, for the term ending June 30, 2013.
      38. For Member, Bluefield State College Board of Governors, Richard Bezjak, Bluefield, Mercer County, for the term ending June 30, 2013.
      39. For Member, School Building Authority, Steve Burton, Prichard, Wayne County, for the term ending July 31, 2012.
      40. For Member, Bridgemont Community and Technical College Board of Governors, Tim McLean, Charleston, Kanawha County, for the term ending June 30, 2013.
      41. For Member, Board of Examiners in Counseling, Frank Hartman, Charleston, Kanawha County, for the term ending June 30, 2012.
      42. For Member, Board of Examiners in Counseling, Deborah Frost, Charleston, Kanawha County, for the term ending June 30, 2013.
      43. For Member, Board of Examiners in Counseling, Christine Schimmel, Morgantown, Monongalia County, for the term ending June 30, 2013.
      44. For Member, Board of Examiners in Counseling, Beth Bragg, Buckhannon, Upshur County, for the term ending June 30, 2014.
      45. For Member, Concord University Board of Governors, Robert Foglesong, Red Lodge, Montana, for the term ending June 30, 2013.
      46. For Member, Concord University Board of Governors, Steven Collins, Princeton, Mercer County, for the term ending June 30, 2013.
      47. For Member, Eastern West Virginia Community and Technical College Board of Governors, Faron Shanholtz, Petersburg, Grant County, for the term ending June 30, 2013.
      48. For Member, Eastern West Virginia Community and Technical College Board of Governors, Douglas Lambert, Petersburg, Grant County, for the term ending June 30, 2010.
      49. For Member, Eastern West Virginia Community and Technical College Board of Governors, Curtis Durst, Fisher, Hardy County, for the term ending June 30, 2012.
      50. For Member, Eastern West Virginia Community and Technical College Board of Governors, Scott Staley, Augusta, Hampshire County, for the term ending June 30, 2013.
      51. For Member, Eastern West Virginia Community and Technical College Board of Governors, Robert Hott, Augusta, Hampshire County, for the term ending June 30, 2013.
      52. For Member, Surface Mine Board, The Honorable Jon Blair Hunter, Morgantown, Monongalia County, for the term ending June 30, 2012.
      53. For Member, Oil and Gas Conservation Commission, Anthony Gum, Buckhannon, Upshur County, for the term ending July 27, 2012.
      54. For Member, Eastern West Virginia Community and Technical College Board of Governors, Scott Sherman, Old Fields, Hardy County, for the term ending June 30, 2013.
      55. For Member, Board of Medicine, Dr. Gregory Moreland, Nitro, Kanawha County, for the term ending September 30, 2012.
      56. For Member, Industrial Council, James Dissen, Charleston, Kanawha County, for the term ending June 30, 2013.
      57. For Member, Medical Imaging and Radiation Therapy Technology Board of Examiners, Alice Belmont, Morgantown, Monongalia County, for the term ending June 30, 2011.
      58. For Member, Medical Imaging and Radiation Therapy Technology Board of Examiners, Nancy Godby, Chapmanville, Logan County, for the term ending June 30, 2012.
      59. For Member, Medical Imaging and Radiation Therapy Technology Board of Examiners, Leah Jean Morris, Culloden, Cabell County, for the term ending June 30, 2011.
      60. For Member, Medical Imaging and Radiation Therapy Technology Board of Examiners, Grace Peters, Belle, Kanawha County, for the term ending June 30, 2011.
      61. For Member, Medical Imaging and Radiation Therapy Technology Board of Examiners, Dr. I. Elaine Moore, St. Albans, Kanawha County, for the term ending June 30, 2012.
      62. For Member, Medical Imaging and Radiation Therapy Technology Board of Examiners, Dr. Fred Gabriele, Fairmont, Marion County, for the term ending June 30, 2011.
      63. For Member, Concord University Board of Governors, Frank Blackwell, Mullens, Wyoming County, for the term ending June 30, 2012.
      64. For Member, Board of Barbers and Cosmetologists, Rick Stache, Morgantown, Monongalia County, for the term ending June 30, 2012.
      65. For Member, Board of Osteopathy, Dr. Arthur Rubin, Charleston, Kanawha County, for the term ending June 30, 2012.
      66. For Member, Surface Mine Board, Mark Schuerger, Charleston, Kanawha County, for the term ending June 30, 2012.
      67. For Member, Surface Mine Board, James Smith, South Charleston, Kanawha County, for the term ending June 30, 2012.
      68. For Member, Board of Optometry, The Honorable Raymond Keener, Charleston, Kanawha County, for the term ending June 30, 2010.
      69. For Member, Board of Medicine, Dr. Rusty Cain, Fairmont, Marion County, for the term ending September 30, 2012.
      70. For Member, West Virginia State University Board of Governors, Dr. Thomas Boston, Atlanta, Georgia, for the term ending June 30, 2011.
      71. For Member, West Virginia State University Board of Governors, Leon Vincent Williams, Brentwood, Tennessee, for the term ending June 30, 2010.
      72. For Member, West Virginia State University Board of Governors, Eric Hicks, Charleston, Kanawha County, for the term ending June 30, 2013.
      73. For Member, West Virginia State University Board of Governors, Thomas Susman, Charleston, Kanawha County, for the term ending June 30, 2013.
      74. For Member, West Virginia State University Board of Governors, Dr. John Thralls, Hurricane, Putnam County, for the term ending June 30, 2012.
      75. For Member, West Virginia State University Board of Governors, Larry Salyers, Charleston, Kanawha County, for the term ending June 30, 2012.
      76. For Member, Shepherd University Board of Governors, John Beatty, Martinsburg, Berkeley County, for the term ending June 30, 2013.
      77. For Member, Shepherd University Board of Governors, Doug Roach, Martinsburg, Berkeley County, for the term ending June 30, 2013.
      78. For Member, Fairmont State University Board of Governors, Andy Kniceley, Fairmont, Marion County, for the term ending June 30, 2013.
      79. For Member, Fairmont State University Board of Governors, Janet Cresenzi, Barrackville, Marion County, for the term ending June 30, 2013.
      80. For Member, Commission for the Deaf and Hard of Hearing, George Blakely, Springfield, Hampshire County, for the term ending June 30, 2010.
      81. For Member, Commission for the Deaf and Hard of Hearing, Jamie Mallory, Dunbar, Kanawha County, for the term ending June 30, 2010.
      82. For Member, Commission for the Deaf and Hard of Hearing, Tammy Phillips, Fairmont, Marion County, for the term ending June 30, 2012.
      83. For Commissioner, Division of Motor Vehicles, Joe Miller, Hurricane, Putnam County, to serve at the will and pleasure of the Governor.
      84. For Member, Air Quality Board, Robert Orndorff, Clarksburg, Harrison County, for the term ending June 30, 2012.
      85. For Member, Air Quality Board, Dr. Omayma Touma, Huntington, Cabell County, for the term ending June 30, 2011.
      86. For Member, Women's Commission, Meshea Poore, Charleston, Kanawha County, for the term ending June 30, 2010.
      87. For Member, Women's Commission, Belinda Biafore, Fairmont, Marion County, for the term ending June 30, 2012.
      88. For Member, Higher Education Policy Commission, John Estep, Richwood, Nicholas County, for the term ending June 30, 2013.
      89. For Member, Higher Education Policy Commission, David Tyson, Jr., Huntington, Cabell County, for the term ending June 30, 2013.
      90. For Member, Board of Education, Mike Green, Morgantown, Monongalia County, for the term ending November 4, 2018.
      91. For Member, Archives and History Commission, Bill Richardson, Delbarton, Mingo County, for the term ending June 30, 2011.
      92. For Member, Archives and History Commission, Victor Greco, Wheeling, Ohio County, for the term ending June 30, 2012.
      93. For Member, Archives and History Commission, Dr. Helene Jacobs, Huntington, Cabell County, for the term ending June 30, 2012.
      94. For Member, Archives and History Commission, Rebecca Frye, Martinsburg, Berkeley County, for the term ending June 30, 2011.
      95. For Member, Archives and History Commission, Dr. Charles Ledbetter, Nitro, Kanawha County, for the term ending June 30, 2012.
      96. For Member, Archives and History Commission, Dr. Robert Conte, Union, Monroe County, for the term ending June 30, 2011.
      97. For Member, Archives and History Commission, Dr. Joan Walker, Hedgesville, Berkeley County, for the term ending June 30, 2011.
      98. For Member, Archives and History Commission, Jack Dickinson, Huntington, Cabell County, for the term ending June 30, 2012.
      99. For Member, Athletic Commission, Dr. Julian Bailes, Morgantown, Monongalia County, for the term ending June 30, 2012.
     100. For Member, Driver's License Advisory Board, Dr. J. Keith Wade, Fairmont, Marion County, for the term ending June 30, 2010.
     101. For Member, Driver's License Advisory Board, Dr. Charles Vance, Midkiff, Lincoln County, for the term ending June 30, 2010.
     102. For Member, Driver's License Advisory Board, Dr. Joe LoCascio, Huntington, Cabell County, for the term ending June 30, 2010.
     103. For Member, Driver's License Advisory Board, Dr. Amy Kisner, Charleston, Kanawha County, for the term ending June 30, 2012.
     104. For Member, Driver's License Advisory Board, Dr. John Brick, Morgantown, Monongalia County, for the term ending June 30, 2010.
     105. For Member, Commission for the Deaf and Hard of Hearing, Charles Godfrey, Martinsburg, Berkeley County, for the term ending June 30, 2011.
     106. For Member, Commission for the Deaf and Hard of Hearing, James Ennis, Rivesville, Marion County, for the term ending June 30, 2011.
     107. For Member, Jobs Investment Trust Board, Sam Minardi, Charleston, Kanawha County, for the term ending June 30, 2012.
     108. For Member, Jobs Investment Trust Board, John Brown, Jr., Charleston, Kanawha County, for the term ending June 30, 2013.
     109. For Member, Statewide Independent Living Council, Ginny Gattlieb, Charleston, Kanawha County, for the term ending June 30, 2012.
     110. For Member, Consolidated Public Retirement Board, Mike Corsaro, South Charleston, Kanawha County, for the term ending June 30, 2010.
     111. For Member, Board of Medicine, Cheryl Henderson, Huntington, Cabell County, for the term ending September 30, 2012.
     112. For Member, West Virginia University Board of Governors, Thomas Flaherty, Charleston, Kanawha County, for the term ending June 30, 2010.
     113. For Member, Concord University Board of Governors, Stephanie Stafford, Princeton, Mercer County, for the term ending June 30, 2012.
     114. For Member, Concord University Board of Governors, Elliott Hicks, Charleston, Kanawha County, for the term ending June 30, 2013.
     115. For Member, Boundary Commission, Curt Keplinger, Petersburg, Grant County, for the term ending January 14, 2013.
     116. For Member, Boundary Commission, Charles Sypolt, Glenville, Gilmer County, for the term ending January 14, 2013.
     117. For Member, Boundary Commission, Tom Rayburn, Chapmanville, Logan County, for the term ending January 14, 2013.
     Notice of these appointments was previously provided to the appropriate legislative staff at the time the appointments were made.
                              Sincerely,
                               Joe Manchin III,
                               Governor.
     Which communication was received and referred to the Committee on Confirmations.
     On motion of Senator Stollings, consideration of the nominations immediately hereinbefore reported was made a special order of business for 5 p.m. today.
     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. 4001, Clarifying certain records pertaining to pardons are not subject to expungement orders.
     And has amended same.
     Now on second reading, having been read a first time and referred to the Committee on the Judiciary on November 17, 2009;
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 4001) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration and read a second time.
     The following amendments to the bill, from the Committee on the Judiciary, were reported by the Clerk, considered simultaneously, and adopted:
     On page three, section twenty-six, line twenty-three, after the word "twenty-six" by inserting a comma and the word "inclusive,";
     And,
     On page four, section twenty-six, line eight, by striking out "(j)" and inserting in lieu thereof "(i)".
     The bill (S. B. No. 4001), as amended, was then 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, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, 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: Fanning--1.
     Engrossed Senate Bill No. 4001 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, 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: Fanning--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. 4001) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, 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: Fanning--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. 4001) takes effect from passage.
     On motion of Senator Chafin, the Senate reconsidered the vote by which it immediately hereinbefore adopted Senator Chafin's motion that Engrossed Senate Bill No. 4001 take effect from passage.
     The vote thereon having been reconsidered,
     The question again being on the adoption of Senator Chafin's motion that Engrossed Senate Bill No. 4001 take effect from passage.
     Thereafter, at the request of Senator Chafin, and by unanimous consent, his aforestated motion was withdrawn.
     The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     Eng. Senate Bill No. 4001--A Bill to amend and reenact §5-1-16a of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-11-26 of said code, all relating to clarifying that records of the Governor, the Legislature and the Secretary of State pertaining to a grant of pardon are not subject to an order of expungement; and making technical revisions.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, 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: Fanning--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. 4001) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     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. 4002, Relating to federal recovery zone bonds.
     And has amended same.
     Now on second reading, having been read a first time and referred to the Committee on Finance on November 17, 2009;
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 4002) contained in the preceding report from the Committee on Finance was taken up for immediate consideration and read a second time.
     The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
     On page four, section three, line three, after the word "projects" by inserting a comma and the words "including, but not limited to, road transportation projects,".
     The bill (S. B. No. 4002), as amended, was then 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, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, 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: Fanning--1.
     Engrossed Senate Bill No. 4002 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, 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: Fanning--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. 4002) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, 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: Fanning--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. 4002) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     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. 4003, Relating to compliance of state retirement systems with certain provisions of IRS code.
     Now on second reading, having been read a first time and referred to the Committee on Finance on November 17, 2009;
     And,
     Senate Bill No. 4004, Relating to motor fuel excise tax.
     Now on second reading, having been read a first time and referred to the Committee on Finance on November 17, 2009;
     And reports the same back with the recommendation that they each do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, Senate Bill No. 4003 contained in the preceding report from the Committee on Finance was taken up for immediate consideration, 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, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, 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: Fanning--1.
     Engrossed Senate Bill No. 4003 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, 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: Fanning--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. 4003) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, 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: Fanning--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. 4003) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     At the request of Senator Helmick, unanimous consent being granted, Senate Bill No. 4004 contained in the preceding report from the Committee on Finance was taken up for immediate consideration, 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, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, 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: Fanning--1.
     Engrossed Senate Bill No. 4004 was then read a third time and put upon its passage.
     Pending discussion,
     The question being "Shall Engrossed Senate Bill No. 4004 pass?"
     On the passage of the bill, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
     The nays were: Barnes and Sypolt--2.
     Absent: Fanning--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. 4004) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
     The nays were: Barnes and Sypolt--2.
     Absent: Fanning--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. 4004) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     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. 4006, Establishing absentee voting pilot program for uniform services members and certain other citizens.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 4006 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-3B-1, §3-3B-2, §3-3B-3 and §3-3B-4, all relating to voting by members of the military and citizens residing outside the United States; creating a pilot program for military and overseas voters held during the year 2010; allowing a limited number of counties to participate in the pilot project; setting participation requirements; providing for project selection by the Secretary of State; and setting minimum voting system requirements.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 4006) contained in the preceding report from the Committee on the Judiciary 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, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Fanning and White--2.
     The bill was read a second time and ordered to engrossment and third reading.
     Engrossed Committee Substitute for Senate Bill No. 4006 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Fanning and White--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. 4006) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Fanning and White--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. 4006) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     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. 4007, Relating to retirement benefits of professional police officers and professional firefighters.
     And has amended same.
     Now on second reading, having been read a first time and referred to the Committee on Finance on November 17, 2009;
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 4007) contained in the preceding report from the Committee on Finance was taken up for immediate consideration and read a second time.
     The following amendments to the bill, from the Committee on Finance, were reported by the Clerk, considered simultaneously, and adopted:
     On pages one hundred twelve and one hundred thirteen, by striking out all of section thirty-two and inserting in lieu thereof a new section thirty-two, to read as follows:
§8-22A-32. Membership retroactive in certain circumstances.
     Notwithstanding all other provisions relating to this article and article twenty-two of this chapter, any police officer or firefighter hired by a participating public employer on or after June 1, 2009, and before January 1, 2010, who received notice at the time of employment that he or she may be placed in a new retirement system created by legislation, and who has been enrolled in but received no benefits from a municipal policemen's or firemen's pension and relief fund, shall, if permitted by applicable federal law, be enrolled in the Police Officers and Firefighters Retirement System upon acceptance by the Consolidated Public Retirement Board of the resolution of the municipality required by section twenty-eight of this article. Employee and employer contributions made by or on behalf of the employee to the municipal pension and relief fund pursuant to article twenty-two of this chapter shall be transferred within sixty days to the retirement system created in this article, and the employee subject to the transfer shall receive service credit for time worked while a member of the municipal pension and relief fund.;
     And,
     On pages one hundred thirteen through one hundred eighteen, by striking out all of section fourteen-d and inserting in lieu thereof a new section fourteen-d, to read as follows:
§33-3-14d. Additional fire and casualty insurance premium tax; allocation of proceeds; effective date.

     (a) (1) For the purpose of providing additional revenue for municipal policemen's and firemen's pension and relief funds and the teachers retirement system reserve fund and for volunteer and part volunteer fire companies and departments, there is hereby levied and imposed an additional premium tax equal to one percent of taxable premiums for fire insurance and casualty insurance policies. For purposes of this section, casualty insurance does not include insurance on the life of a debtor pursuant to or in connection with a specific loan or other credit transaction or insurance on a debtor to provide indemnity for payments becoming due on a specific loan or other credit transaction while the debtor is disabled as defined in the policy.
     (2) All moneys collected from this additional tax shall be received by the commissioner and paid by him or her into a special account in the State Treasury, designated the municipal pensions and protection fund: Provided, That on or after January 1, 2010, the commissioner shall pay ten percent of the amount collected to the Teachers Retirement System Reserve Fund created in section eighteen, article seven-a, chapter eighteen of this code, twenty- five percent of the amount collected to the Fire Protection Fund created in section thirty-three of this article for allocation by the Treasurer to volunteer and part volunteer fire companies and departments, and sixty-five percent of the amount collected to the Municipal Pensions and Protection Fund: Provided, however, That upon notification by the Municipal Pensions Oversight Board pursuant to the provisions of section eighteen-b, article twenty- two, chapter eight of this code, on or after January 1, 2010, or as soon thereafter as the Municipal Pensions Oversight Board is prepared to receive the funds, sixty-five percent of the amount collected by the commissioner shall be deposited in the Municipal Pensions Security Fund created in section eighteen-b, article twenty-two, chapter eight of this code. The net proceeds of this tax after appropriation thereof by the Legislature is distributed in accordance with the provisions of this section, except for distribution from proceeds pursuant to subsection (d), section eighteen-a, article twenty-two, chapter eight of this code.
     (b) (1) Before the first day of August of each calendar year, the treasurer of each municipality in which a municipal policemen's or firemen's pension and relief fund has been is established shall report to the state treasurer the average monthly number of members who worked at least one hundred hours per month and the average monthly number of retired members of municipal policemen's or firemen's pension systems and relief fund or the Municipal Police Officer's and Firefighters Retirement System during the preceding fiscal year: Provided, That beginning in the year 2010 and continuing thereafter, the report shall be made to the oversight board created in section eighteen-a, article twenty-two, chapter eight of this code. These reports received by the oversight board shall be provided annually to the state Treasurer by September 1.
     (2) Before the first day of September of each calendar year, the state treasurer, or the Municipal Pensions Oversight Board, once in operation, shall allocate and authorize for distribution the revenues in the municipal pensions and protection fund which were collected during the preceding calendar year for the purposes set forth in this section. Sixty-five percent of the revenues are allocated to municipal policemen's and firemen's pension and relief funds; twenty-five percent of the revenues shall be allocated to volunteer and part volunteer fire companies and departments; and ten percent of such allocated revenues are allocated to the teachers retirement system reserve fund created by section eighteen, article seven-a, chapter eighteen of this code: Provided, That in Before the first day of September of each calendar year and after the Municipal Pensions Oversight Board has notified the Treasurer and commissioner pursuant to section eighteen-b, article twenty-two, chapter eight of this code, the Municipal Pensions Oversight Board, shall allocate and authorize for distribution the revenues in the Municipal Pensions Security Fund which were collected during the preceding calendar year for the purposes set forth in this section. In any year the actuarial report required by section twenty, article twenty-two, chapter eight of this code indicates no actuarial deficiency in the municipal policemen's or firemen's pension and relief fund, no revenues may be allocated from the municipal pensions and protection fund or the Municipal Pensions Security Fund to that fund. The revenues from the municipal pensions and protection fund shall then be allocated to all other pension and relief funds which have an actuarial deficiency.
     (3) The moneys, and the interest earned thereon, in the municipal pensions and protection fund allocated to volunteer and part volunteer fire companies and departments shall be allocated and distributed quarterly to the volunteer fire companies and departments. Before each distribution date, the state fire marshal shall report to the state treasurer the names and addresses of all volunteer and part volunteer fire companies and departments within the state which meet the eligibility requirements established in section eight-a, article fifteen, chapter eight of this code.
     (c) (1) Each municipal pension and relief fund shall have allocated and authorized for distribution a pro rata share of the revenues allocated to municipal policemen's and firemen's pension and relief funds based upon on the corresponding municipality's average monthly number of members police officers and firefighters who worked at least one hundred hours per month during the preceding fiscal year. On and after July 1, 1997, from the growth in any moneys collected pursuant to the tax imposed by this section and interest thereon there shall be allocated and authorized for distribution to each municipal pension and relief fund, a pro rata share of the revenues allocated to municipal policemen's and firemen's pension and relief funds based upon on the corresponding municipalities municipality's average number of members police officers and firefighters who worked at least one hundred hours per month and average monthly number of retired members police officers and firefighters. For the purposes of this subsection, the growth in moneys collected from the tax collected pursuant to this section is determined by subtracting the amount of the tax collected during the fiscal year ending June 30, 1996, from the tax collected during the fiscal year for which the allocation is being made and interest thereon. All moneys received by municipal pension and relief funds under this section may be expended only for those purposes described in sections sixteen through twenty-eight, inclusive, article twenty-two, chapter eight of this code.
     (2) Each volunteer fire company or department shall receive an equal share of the revenues allocated for volunteer and part volunteer fire companies and departments.
     (3) In addition to the share allocated and distributed in accordance with subdivision (1) of this subsection, each municipal fire department composed of full-time paid members and volunteers and part volunteer fire companies and departments shall receive a share equal to the share distributed to volunteer fire companies under subdivision (2) of this subsection reduced by an amount equal to the share multiplied by the ratio of the number of full-time paid fire department members who are also members of a municipal firemen's pension system and relief fund or the Municipal Police Officers and Firefighters Retirement System to the total number of members of the fire department.
     (d) The allocation and distribution of revenues provided for in this section are subject to the provisions of section twenty, article twenty-two, and sections eight-a and eight-b, article fifteen, chapter eight of this code.
     The bill (S. B. No. 4007), as amended, was then 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, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Fanning and White--2.
     Engrossed Senate Bill No. 4007 was then read a third time and put upon its passage.
     Pending extended discussion,
     The question being "Shall Engrossed Senate Bill No. 4007 pass?"
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Fanning and White--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. 4007) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Fanning and White--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. 4007) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Thereafter, at the request of Senator McCabe, and by unanimous consent, the remarks by Senators Plymale and Jenkins regarding the passage of Engrossed Senate Bill No. 4007 were ordered printed in the Appendix to the Journal.
     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. 4009, Making supplementary appropriation of federal funds to various accounts.
     Now on second reading, having been read a first time and referred to the Committee on Finance on November 17, 2009;
     And,
     Senate Bill No. 4010, Making supplementary appropriation from State Fund, General Revenue, to Bureau of Senior Services.
     Now on second reading, having been read a first time and referred to the Committee on Finance on November 17, 2009;
     And reports the same back with the recommendation that they each do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, Senate Bill No. 4009 contained in the preceding report from the Committee on Finance was taken up for immediate consideration, 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, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Fanning and White--2.
     Engrossed Senate Bill No. 4009 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--31.
     The nays were: Barnes--1.
     Absent: Fanning and White--2.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 4009) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--31.
     The nays were: Barnes--1.
     Absent: Fanning and White--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. 4009) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     At the request of Senator Helmick, unanimous consent being granted, Senate Bill No. 4010 contained in the preceding report from the Committee on Finance was taken up for immediate consideration, 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, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Fanning and White--2.
     Engrossed Senate Bill No. 4010 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Fanning and White--2.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 4010) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Fanning and White--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. 4010) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     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. 4011, Supplementing, amending and increasing item from State Road Fund to Department of Transportation, Division of Highways.
     Now on second reading, having been read a first time and referred to the Committee on Finance on November 17, 2009;
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 4011) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, 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, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Fanning and White--2.
     Engrossed Senate Bill No. 4011 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, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--31.
     The nays were: Caruth--1.
     Absent: Fanning and White--2.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 4011) passed with its title.
     Senator Chafin moved that the bill take effect December 1, 2009.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--31.
     The nays were: Caruth--1.
     Absent: Fanning and White--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. 4011) takes effect December 1, 2009.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     The Senate proceeded to the sixth order of business.
     At the request of Senator Chafin, unanimous consent being granted, Senators Tomblin (Mr. President), Bowman, Browning, Chafin, Edgell, D. Facemire, Fanning, Foster, Green, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Unger, Wells, White, Williams, Yost, Barnes, Boley, Caruth, Deem, K. Facemyer, Guills, Hall and Sypolt offered the following resolution from the floor:
     Senate Resolution No. 403--Recognizing the Honorable Robert C. Byrd as a distinguished public servant, dedicated statesman and the longest-serving member of the United States Congress by designating November 18, 2009, as "Robert C. Byrd Day".
     Whereas, The Honorable Robert C. Byrd was elected to the West Virginia House of Delegates in 1946 and 1948. He was elected to the West Virginia Senate in 1950 and to the United States House of Representatives in 1952, 1954 and 1956; and
     Whereas, The Honorable Robert C. Byrd has served as a member of the United States Senate with continuous service since January 3, 1959; and
     Whereas, The Honorable Robert C. Byrd has cast more votes than any other member of the United States Senate, including more than 15,580 roll call votes in his career, with a 97.9 percent attendance record during his five decades in the United States Senate; and
     Whereas, In honor of his accomplishments and service to West Virginia, the Honorable Robert C. Byrd was named the "West Virginian of the Year" in 1974, 1977, 1990 and 2002. He was named "West Virginian of the 20th Century" on May 31, 2001, by a Concurrent Resolution of the West Virginia Legislature; and
     Whereas, Throughout his remarkable life and distinguished career, the Honorable Robert C. Byrd has fearlessly defended the United States Constitution. In 2004, he worked to enact federal legislation designating September 17th of each year as "Constitution and Citizenship Day"; and
     Whereas, The Honorable Robert C. Byrd has been elected to more leadership positions in the United States Senate than any other senator in the history of our great nation; and
     Whereas, The Honorable Robert C. Byrd became the longest- serving member of the United States Senate on June 12, 2006; and
     Whereas, On November 18, 2009, the Honorable Robert C. Byrd has become the longest-serving member of the United States Congress with 56 years, 320 days of continuous and dedicated service, surpassing Senator Carl Hayden of Arizona, who served 56 years, 319 days; therefore, be it
     Resolved by the Senate:
     That the Senate hereby recognizes the Honorable Robert C. Byrd as a distinguished public servant, dedicated statesman and the longest-serving member of the United States Congress by designating November 18, 2009, as "Robert C. Byrd Day"; and, be it
     Further Resolved, That the Senate hereby acknowledges the historic significance of the accomplishment of the Honorable Robert C. Byrd on being designated the longest-serving member of the United States Congress in the history of our great nation; and, be it
     Further Resolved, That November 18, 2009, be designated as "Robert C. Byrd Day" in recognition of this momentous and historic designation; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Honorable Robert C. Byrd, the Library of Congress and the West Virginia Division of Culture and History.
     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.
     At the request of Senator Plymale, unanimous consent being granted, Senators Plymale and Jenkins offered the following resolution from the floor:
     Senate Resolution No. 404--Congratulating the Cabell Midland High School boys' cross country team for winning the 2009 AAA state championship.
     Whereas, The Cabell Midland High School boys' cross country team displayed its strong will and determination for an entire season; and
     Whereas, That strong will and determination led the team to win the 2009 AAA cross country state championship; and
     Whereas, The Cabell Midland High School boys' cross country team is led by Coach Parsons and consists of team members Austin Allen, Jacob Burcham, Avery Campbell, Chase Cooper, Cole Cooper, Collin Cooper, Mason Dino, Nick Dino, Matthew Edmunds, Jordan Egnatoff, Steven Egnatoff, Justin Ellis, Andrew Ferguson, David Jobe, Kramer Kaplan, Chris Laverty, Brian Lawhon, Collin Meadows, Steven Newman, Michael Niemann, Daniel Parlock, Tyler Salmons, Adam Shaver, Karl Shaver, Ryan Smith, Ryan Wareheim and Jeremy Waugh; and
     Whereas, The Cabell Midland boys' cross country team is a shining example of what can be accomplished with hard work, dedication and spirit; therefore, be it
     Resolved by the Senate:
     That the Senate hereby congratulates the Cabell Midland High School boys' cross country team for winning the 2009 Class AAA state championship; and, be it
     Further Resolved, That the Senate commends the coach and team members for their outstanding accomplishments; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Cabell Midland High School boys' cross country team.
     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 Chafin, the Senate recessed for one minute.
     Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
     At the request of Senator Plymale, unanimous consent being granted, Senators Plymale, Tomblin (Mr. President), Jenkins, Stollings, Fanning and Chafin offered the following resolution from the floor:
     Senate Resolution No. 405--Congratulating the Spring Valley High School girls' volleyball team for winning the 2009 Class AAA state championship.
     Whereas, The Spring Valley High School girls' volleyball team had a dominant year, in which it finished with 60 wins and claimed Spring Valley High School's first ever volleyball state championship; and
     Whereas, The Spring Valley High School girls' volleyball team is led by head coach Joy Bailey and assistant coach Taylor Strickland and consists of team members Nicole McCarty, Brittany Ritter, Cadara Cole, Ashley Davis, Kristan Davis, Hannah Bailey, Kyla McClendon, Kelsey Smith, Amber Carper, Sarah Burns, Breanna Lamb, Kendra Pemberton, Brittany Wells, Halley Porter, Mackenzie Morris, Makala Gilkerson, Kylie Perdue, Autumn Ross and Lauren Fuller; and
     Whereas, The Spring Valley High School girls' volleyball team displayed its strong will and determination for an entire season and will be remembered as one of the best teams ever assembled in West Virginia high school volleyball history; and
     Whereas, The Spring Valley High School girls' volleyball team is a shining example of what can be accomplished with teamwork, dedication and spirit; therefore, be it
     Resolved by the Senate:
     That the Senate hereby congratulates the Spring Valley High School girls' volleyball team for winning the 2009 Class AAA state championship; and, be it
     Further Resolved, That the Senate commends each coach, team member and staff member for their outstanding accomplishments; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Spring Valley High School girls' volleyball team.
     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 resumed business under the sixth order.
     At the request of Senator Stollings, unanimous consent being granted, Senators Stollings, Tomblin (Mr. President), Plymale, Williams, Browning, Green, Foster, Minard, McCabe, Hall, Snyder, Edgell, Helmick, Palumbo, Bowman, Fanning, Jenkins, Yost, Sypolt, Oliverio, Deem, Laird, D. Facemire, Guills and Barnes offered the following resolution from the floor:
     Senate Resolution No. 406--Recognizing the many contributions of Beverly Railey Robinson during her 30 years of dedicated service to the Claude Worthington Benedum Foundation and the citizens of the State of West Virginia.
     Whereas, Beverly Railey Robinson earned her Bachelor's Degree from Fairmont State University and her Master's Degree in Social Work from West Virginia University; and
     Whereas, During her 30 years of dedicated service to the Claude Worthington Benedum Foundation, Beverly Railey Robinson helped to develop programs in health, human services and education; and
     Whereas, The work of Beverly Railey Robinson on over 900 grants totaled nearly $75.5 million dollars; and
     Whereas, Beverly Railey Robinson has played a major role in research and policy development in the areas of child health and education, welfare reform, rural health delivery, emergency medical services delivery, youth tobacco use prevention, human services for older adults, school-based health, rural trauma and child abuse prevention; and
     Whereas, Beverly Railey Robinson has also played a major role on program levels for health care delivery, health career, health awareness, health lifestyles, human services and early childhood, elementary and secondary education; and
     Whereas, In addition, Beverly Railey Robinson was instrumental in the Benedum Initiative which resulted in 42 grants that involved nearly 500 West Virginians who collaborated on over 100 projects statewide; and
     Whereas, Beverly Railey Robinson, along with the Benedum Fellows, created a competitive program in which three individuals were selected to receive one grant each for personal enrichment along with one grant authorized to the recipient's organization for a particular project; and
     Whereas, During the long and dedicated career of Beverly Railey Robinson, she had a myriad of worthwhile projects, including rural primary care clinics, statewide hospital-based programs, school-based health centers, prescription assistance programs, free clinics, southern rural access programs, children's health insurance programs, trauma programs, drug and alcohol prevention programs, adolescent pregnancy prevention programs and family resource centers. She was also involved in such issues as hospice, perinatal health, geriatric services, domestics violence and child abuse, emergency shelter, midwifery, physician's assistants, rural practitioners, foster care systems, emergency assistance programs, and many other projects designed for the betterment of our citizens; and
     Whereas, In 1993, Beverly Railey Robinson was presented the Louis Gorin Award for Outstanding Achievement in Rural Health from the National Rural Health Association. In 1995, she was presented with the Terrance Keenan Leadership Award by Grantmakers in Health; and
     Whereas, Beverly Railey Robinson has decided to retire after 30 years of dedication and commitment to the Claude Worthington Benedum Foundation and the State of West Virginia. Her many contributions to the health, safety, welfare and education of her fellow West Virginians will continue to impact generations to come; therefore, be it
     Resolved by the Senate:
     That the Senate hereby recognizes the many contributions of Beverly Railey Robinson during her 30 years of dedicated service to the Claude Worthington Benedum Foundation and the citizens of the State of West Virginia; and, be it
     Further Resolved, That the Senate expresses its sincere appreciation to Beverly Railey Robinson for her many years of dedication and commitment to West Virginia and the health, safety, welfare and education of our citizens; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Beverly Railey Robinson.
     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 Edgell, the Senate recessed for one minute.
     Upon expiration of the recess, the Senate reconvened and proceeded to the eleventh order of business and the introduction of guests.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Edgell, the Senate recessed until 5 p.m. today.
     Upon expiration of the recess, the Senate reconvened and, at the request of Senator Edgell, and by unanimous consent, returned to the fourth order of business.
     Senator Stollings, from the Committee on Confirmations, submitted the following report, which was received:
     Your Committee on Confirmations has had under consideration
     Senate Executive Message No. 1, dated November 17, 2009, requesting confirmation by the Senate of the nominations mentioned therein. The following list of names from Executive Message No. 1 is submitted:
       1. For Member, Investment Management Board of Trustees, Terresa Pratt, South Point, Ohio, for the term ending January 31, 2015.
      2. For Member, Economic Development Authority, Allen Butcher, Morgantown, Monongalia County, for the term ending June 30, 2011.
      3. For Member, Economic Development Authority, Greg Skidmore, Sutton, Braxton County, for the term ending June 30, 2012.
      4. For Member, Economic Development Authority, Parween Mascari, Morgantown, Monongalia County, for the term ending June 30, 2011.
      5. For Member, Economic Development Authority, Kim Knopf, Charleston, Kanawha County, for the term ending June 30, 2012.
      6. For Member, Economic Development Authority, Marcus Estlack, Parkersburg, Wood County, for the term ending June 30, 2013.
      7. For Member, Veterans' Council, Robert Vass, Sr., Huntington, Cabell County, for the term ending June 30, 2015.
      8. For Member, Veterans' Council, Miles Epling, Charleston, Kanawha County, for the term ending June 30, 2013.
      9. For Member, Veterans' Council, Bill Harris, Glen Easton, Marshall County, for the term ending June 30, 2013.
      10. For Member, Veterans' Council, Debra Tompkins, Mount Nebo, Nicholas County, for the term ending June 30, 2014.
      11. For Member, Veterans' Council, Randall Bare, Sandyville, Jackson County, for the term ending June 30, 2012.
      12. For Member, Veterans' Council, Cedric Greene, Charleston, Kanawha County, for the term ending June 30, 2014.
      13. For Member, Board of Dental Examiners, Dr. David Edwards, Wellsburg, Brooke County, for the term ending June 30, 2014.
      14. For Member, Board of Dental Examiners, William Ford, Clarksburg, Harrison County, for the term ending June 30, 2012.
      15. For Member, Marshall University Board of Governors, Dale Lowther, Williamstown, Wood County, for the term ending June 30, 2013.
      16. For Member, Marshall University Board of Governors, Edward Howard III, Scottsdale, Arizona, for the term ending June 30, 2013.
      17. For Member, Marshall University Board of Governors, Michael Ferrell, Huntington, Cabell County, for the term ending June 30, 2013.
      18. For Member, Board of Barbers and Cosmetologists, Susan Poveromo, Madison, Boone County, for the term ending June 30, 2013.
      19. For Member, Board of Barbers and Cosmetologists, Michael Belcher, Charleston, Kanawha County, for the term ending June 30, 2013.
      20. For Member, Board of Barbers and Cosmetologists, Sarah Hamrick, Charleston, Kanawha County, for the term ending June 30, 2014.
      21. For Member, Board of Barbers and Cosmetologists, Jim Ryan, Alum Creek, Kanawha County, for the term ending June 30, 2014.
      22. For Member, Board of Barbers and Cosmetologists, Paula Kurczak, Fairmont, Marion County, for the term ending June 30, 2013.
      23. For Member, Board of Barbers and Cosmetologists, Justina Gabbert, Martinsburg, Berkeley County, for the term ending June 30, 2012.
      24. For Member, Council for Community and Technical College Education, Mary McKinley, Wheeling, Ohio County, for the term ending December 20, 2011.
      25. For Member, West Liberty University Board of Governors, Michael Stolarczyk, Toledo, Ohio, for the term ending June 30, 2013.
      26. For Member, West Liberty University Board of Governors, Ann Thomas, Wheeling, Ohio County, for the term ending June 30, 2011.
      27. For Member, West Liberty University Board of Governors, Paul Limbert, Wheeling, Ohio County, for the term ending June 30, 2013.
      28. For Member, West Liberty University Board of Governors, Robert Steptoe, Jr., Clarksburg, Harrison County, for the term ending June 30, 2012.
      29. For Member, Educational Broadcasting Authority, Laura Carter, Wheeling, Ohio County, for the term ending June 30, 2011.
      30. For Member, Educational Broadcasting Authority, John Dahlia, Fairmont, Marion County, for the term ending June 30, 2014.
      31. For Member, Surface Mine Board, Don Michael, Ravenswood, Jackson County, for the term ending June 30, 2011.
      32. For Member, Surface Mine Board, Ron Crites, Kingwood, Preston County, for the term ending June 30, 2010.
      33. For Member, Board of Directors of the West Virginia United Health System, Inc., Jim Jeffrey, Logan, Logan County, for the term ending October 15, 2014.
      34. For Secretary, Department of Health and Human Resources, Patsy Hardy, Parkersburg, Wood County, to serve at the will and pleasure of the Governor.
      35. For Acting Director, Governor's Office of Health Enhancement and Lifestyle Planning, The Honorable Martha Yeager Walker, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
      36. For Member, Bluefield State College Board of Governors, Robert Perkinson, Jr., Bluefield, Mercer County, for the term ending June 30, 2010.
      37. For Member, Bluefield State College Board of Governors, Roger Topping, Princeton, Mercer County, for the term ending June 30, 2013.
      38. For Member, Bluefield State College Board of Governors, Richard Bezjak, Bluefield, Mercer County, for the term ending June 30, 2013.
      39. For Member, School Building Authority, Steve Burton, Prichard, Wayne County, for the term ending July 31, 2012.
      40. For Member, Bridgemont Community and Technical College Board of Governors, Tim McLean, Charleston, Kanawha County, for the term ending June 30, 2013.
      41. For Member, Board of Examiners in Counseling, Frank Hartman, Charleston, Kanawha County, for the term ending June 30, 2012.
      42. For Member, Board of Examiners in Counseling, Deborah Frost, Charleston, Kanawha County, for the term ending June 30, 2013.
      43. For Member, Board of Examiners in Counseling, Christine Schimmel, Morgantown, Monongalia County, for the term ending June 30, 2013.
      44. For Member, Board of Examiners in Counseling, Beth Bragg, Buckhannon, Upshur County, for the term ending June 30, 2014.
      45. For Member, Concord University Board of Governors, Robert Foglesong, Red Lodge, Montana, for the term ending June 30, 2013.
      46. For Member, Concord University Board of Governors, Steven Collins, Princeton, Mercer County, for the term ending June 30, 2013.
      47. For Member, Eastern West Virginia Community and Technical College Board of Governors, Faron Shanholtz, Petersburg, Grant County, for the term ending June 30, 2013.
      48. For Member, Eastern West Virginia Community and Technical College Board of Governors, Douglas Lambert, Petersburg, Grant County, for the term ending June 30, 2010.
      49. For Member, Eastern West Virginia Community and Technical College Board of Governors, Curtis Durst, Fisher, Hardy County, for the term ending June 30, 2012.
      50. For Member, Eastern West Virginia Community and Technical College Board of Governors, Scott Staley, Augusta, Hampshire County, for the term ending June 30, 2013.
      51. For Member, Eastern West Virginia Community and Technical College Board of Governors, Robert Hott, Augusta, Hampshire County, for the term ending June 30, 2013.
      52. For Member, Surface Mine Board, The Honorable Jon Blair Hunter, Morgantown, Monongalia County, for the term ending June 30, 2012.
      53. For Member, Oil and Gas Conservation Commission, Anthony Gum, Buckhannon, Upshur County, for the term ending July 27, 2012.
      54. For Member, Eastern West Virginia Community and Technical College Board of Governors, Scott Sherman, Old Fields, Hardy County, for the term ending June 30, 2013.
      55. For Member, Board of Medicine, Dr. Gregory Moreland, Nitro, Kanawha County, for the term ending September 30, 2012.
      56. For Member, Industrial Council, James Dissen, Charleston, Kanawha County, for the term ending June 30, 2013.
      57. For Member, Medical Imaging and Radiation Therapy Technology Board of Examiners, Alice Belmont, Morgantown, Monongalia County, for the term ending June 30, 2011.
      58. For Member, Medical Imaging and Radiation Therapy Technology Board of Examiners, Nancy Godby, Chapmanville, Logan County, for the term ending June 30, 2012.
      59. For Member, Medical Imaging and Radiation Therapy Technology Board of Examiners, Leah Jean Morris, Culloden, Cabell County, for the term ending June 30, 2011.
      60. For Member, Medical Imaging and Radiation Therapy Technology Board of Examiners, Grace Peters, Belle, Kanawha County, for the term ending June 30, 2011.
      61. For Member, Medical Imaging and Radiation Therapy Technology Board of Examiners, Dr. I. Elaine Moore, St. Albans, Kanawha County, for the term ending June 30, 2012.
      62. For Member, Medical Imaging and Radiation Therapy Technology Board of Examiners, Dr. Fred Gabriele, Fairmont, Marion County, for the term ending June 30, 2011.
      63. For Member, Concord University Board of Governors, Frank Blackwell, Mullens, Wyoming County, for the term ending June 30, 2012.
      64. For Member, Board of Barbers and Cosmetologists, Rick Stache, Morgantown, Monongalia County, for the term ending June 30, 2012.
      65. For Member, Board of Osteopathy, Dr. Arthur Rubin, Charleston, Kanawha County, for the term ending June 30, 2012.
      66. For Member, Surface Mine Board, Mark Schuerger, Charleston, Kanawha County, for the term ending June 30, 2012.
      67. For Member, Surface Mine Board, James Smith, South Charleston, Kanawha County, for the term ending June 30, 2012.
      68. For Member, Board of Optometry, The Honorable Raymond Keener, Charleston, Kanawha County, for the term ending June 30, 2010.
      69. For Member, Board of Medicine, Dr. Rusty Cain, Fairmont, Marion County, for the term ending September 30, 2012.
      70. For Member, West Virginia State University Board of Governors, Dr. Thomas Boston, Atlanta, Georgia, for the term ending June 30, 2011.
      71. For Member, West Virginia State University Board of Governors, Leon Vincent Williams, Brentwood, Tennessee, for the term ending June 30, 2010.
      72. For Member, West Virginia State University Board of Governors, Eric Hicks, Charleston, Kanawha County, for the term ending June 30, 2013.
      73. For Member, West Virginia State University Board of Governors, The Honorable Thomas Susman, Charleston, Kanawha County, for the term ending June 30, 2013.
      74. For Member, West Virginia State University Board of Governors, Dr. John Thralls, Hurricane, Putnam County, for the term ending June 30, 2012.
      75. For Member, West Virginia State University Board of Governors, Larry Salyers, Charleston, Kanawha County, for the term ending June 30, 2012.
      76. For Member, Shepherd University Board of Governors, John Beatty, Martinsburg, Berkeley County, for the term ending June 30, 2013.
      77. For Member, Shepherd University Board of Governors, Doug Roach, Martinsburg, Berkeley County, for the term ending June 30, 2013.
      78. For Member, Fairmont State University Board of Governors, Andy Kniceley, Fairmont, Marion County, for the term ending June 30, 2013.
      79. For Member, Fairmont State University Board of Governors, Janet Cresenzi, Barrackville, Marion County, for the term ending June 30, 2013.
      80. For Member, Commission for the Deaf and Hard of Hearing, George Blakely, Springfield, Hampshire County, for the term ending June 30, 2010.
      81. For Member, Commission for the Deaf and Hard of Hearing, Jamie Mallory, Dunbar, Kanawha County, for the term ending June 30, 2010.
      82. For Member, Commission for the Deaf and Hard of Hearing, Tammy Phillips, Fairmont, Marion County, for the term ending June 30, 2012.
      83. For Commissioner, Division of Motor Vehicles, Joe Miller, Hurricane, Putnam County, to serve at the will and pleasure of the Governor.
      84. For Member, Air Quality Board, Robert Orndorff, Clarksburg, Harrison County, for the term ending June 30, 2012.
      85. For Member, Air Quality Board, Dr. Omayma Touma, Huntington, Cabell County, for the term ending June 30, 2011.
      86. For Member, Women's Commission, Meshea Poore, Charleston, Kanawha County, for the term ending June 30, 2010.
      87. For Member, Women's Commission, Belinda Biafore, Fairmont, Marion County, for the term ending June 30, 2012.
      88. For Member, Higher Education Policy Commission, John Estep, Richwood, Nicholas County, for the term ending June 30, 2013.
      89. For Member, Higher Education Policy Commission, David Tyson, Jr., Huntington, Cabell County, for the term ending June 30, 2013.
      90. For Member, Board of Education, Mike Green, Morgantown, Monongalia County, for the term ending November 4, 2018.
      91. For Member, Archives and History Commission, Bill Richardson, Delbarton, Mingo County, for the term ending June 30, 2011.
      92. For Member, Archives and History Commission, Victor Greco, Wheeling, Ohio County, for the term ending June 30, 2012.
      93. For Member, Archives and History Commission, Dr. Helene Jacobs, Huntington, Cabell County, for the term ending June 30, 2012.
      94. For Member, Archives and History Commission, Rebecca Frye, Martinsburg, Berkeley County, for the term ending June 30, 2011.
      95. For Member, Archives and History Commission, Dr. Charles Ledbetter, Nitro, Kanawha County, for the term ending June 30, 2012.
      96. For Member, Archives and History Commission, Dr. Robert Conte, Union, Monroe County, for the term ending June 30, 2011.
      97. For Member, Archives and History Commission, Dr. Joan Walker, Hedgesville, Berkeley County, for the term ending June 30, 2011.
      98. For Member, Archives and History Commission, Jack Dickinson, Huntington, Cabell County, for the term ending June 30, 2012.
      99. For Member, Athletic Commission, Dr. Julian Bailes, Morgantown, Monongalia County, for the term ending June 30, 2012.
     100. For Member, Driver's License Advisory Board, Dr. J. Keith Wade, Fairmont, Marion County, for the term ending June 30, 2010.
     101. For Member, Driver's License Advisory Board, Dr. Charles Vance, Midkiff, Lincoln County, for the term ending June 30, 2010.
     102. For Member, Driver's License Advisory Board, Dr. Joe LoCascio, Huntington, Cabell County, for the term ending June 30, 2010.
     103. For Member, Driver's License Advisory Board, Dr. Amy Kisner, Charleston, Kanawha County, for the term ending June 30, 2012.
     104. For Member, Driver's License Advisory Board, Dr. John Brick, Morgantown, Monongalia County, for the term ending June 30, 2010.
     105. For Member, Commission for the Deaf and Hard of Hearing, Charles Godfrey, Martinsburg, Berkeley County, for the term ending June 30, 2011.
     106. For Member, Commission for the Deaf and Hard of Hearing, James Ennis, Rivesville, Marion County, for the term ending June 30, 2011.
     107. For Member, Jobs Investment Trust Board, Sam Minardi, Charleston, Kanawha County, for the term ending June 30, 2012.
     108. For Member, Jobs Investment Trust Board, John Brown, Jr., Charleston, Kanawha County, for the term ending June 30, 2013.
     109. For Member, Statewide Independent Living Council, Ginny Gattlieb, Charleston, Kanawha County, for the term ending June 30, 2012.
     110. For Member, Consolidated Public Retirement Board, Mike Corsaro, South Charleston, Kanawha County, for the term ending June 30, 2010.
     111. For Member, Board of Medicine, Cheryl Henderson, Huntington, Cabell County, for the term ending September 30, 2012.
     112. For Member, West Virginia University Board of Governors, Thomas Flaherty, Charleston, Kanawha County, for the term ending June 30, 2010.
     113. For Member, Concord University Board of Governors, Stephanie Stafford, Princeton, Mercer County, for the term ending June 30, 2012.
     114. For Member, Concord University Board of Governors, Elliott Hicks, Charleston, Kanawha County, for the term ending June 30, 2013.
     115. For Member, Boundary Commission, Curt Keplinger, Petersburg, Grant County, for the term ending January 14, 2013.
     116. For Member, Boundary Commission, Charles Sypolt, Glenville, Gilmer County, for the term ending January 14, 2013.
     117. For Member, Boundary Commission, Tom Rayburn, Chapmanville, Logan County, for the term ending January 14, 2013.
      And reports the same back with the recommendation that the Senate do advise and consent to all of the nominations listed above.
     
Respectfully submitted,

     
Ron Stollings,

     
Chair.

__________

     The time having arrived for the special order of business to consider the list of nominees for public office submitted by His Excellency, the Governor, the special order thereon was called by the President.
     Thereupon, Senator Tomblin (Mr. President) laid before the Senate the following executive message:
     Senate Executive Message No. 1, dated November 17, 2009 (shown in the Senate Journal of today, pages 2 to 16, inclusive).
     Senator Stollings then moved that the Senate advise and consent to all of the executive nominations referred to in the foregoing report from the Committee on Confirmations, except the nominations of The Honorable Raymond Keener to the Board of Optometry (being nomination number 68 in Executive Message No. 1), Sam Minardi to the Jobs Investment Trust Board (being nomination number 107 in Executive Message No. 1) and Charles Sypolt to the Boundary Commission (being nomination number 116 in Executive Message No. 1).
     The question being on the adoption of the aforestated motion by Senator Stollings,
     The roll was then taken; and
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
     The nays were: None.
     Absent: Chafin, Foster and Oliverio--3.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the motion by Senator Stollings had prevailed and that all the executive nominations referred to in the foregoing report from the Committee on Confirmations, except the nominations of The Honorable Raymond Keener to the Board of Optometry (being nomination number 68 in Executive Message No. 1), Sam Minardi to the Jobs Investment Trust Board (being nomination number 107 in Executive Message No. 1) and Charles Sypolt to the Boundary Commission (being nomination number 116 in Executive Message No. 1) had been confirmed.
     Senator Stollings then moved that the Senate advise and consent to the nomination of The Honorable Raymond Keener to the Board of Optometry (being nomination number 68 in Executive Message No. 1).
     Prior to the call of the roll, Senator Plymale moved to be excused from voting under rule number forty-three of the Rules of the Senate, which motion prevailed.
     The roll was then taken; and
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
     The nays were: None.
     Absent: Chafin, Foster and Oliverio--3.
     Excused from voting: Plymale--1.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the motion by Senator Stollings had prevailed and the nomination of the Honorable Raymond Keener to the Board of Optometry had been confirmed.
     Senator Stollings then moved that the Senate advise and consent to the nomination of Sam Minardi to the Jobs Investment Trust Board (being nomination number 107 in Executive Message No. 1).
     Prior to the call of the roll, Senator Minard moved to be excused from voting under rule number forty-three of the Rules of the Senate, which motion prevailed.
     The roll was then taken; and
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
     The nays were: None.
     Absent: Chafin, Foster and Oliverio--3.
     Excused from voting: Minard--1.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the motion by Senator Stollings had prevailed and the nomination of Sam Minardi to the Jobs Investment Trust Board had been confirmed.
     Senator Stollings then moved that the Senate advise and consent to the nomination of Charles Sypolt to the Boundary Commission (being nomination number 116 in Executive Message No. 1).
     Prior to the call of the roll, Senator Sypolt moved to be excused from voting under rule number forty-three of the Rules of the Senate, which motion prevailed.
     The roll was then taken; and
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
     The nays were: None.
     Absent: Chafin, Foster and Oliverio--3.
     Excused from voting: Sypolt--1.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the motion by Senator Stollings had prevailed and the nomination of Charles Sypolt to the Boundary Commission had been confirmed.
__________

     Consideration of executive nominations having been concluded,
     The Senate proceeded to the thirteenth order of business.
     At the request of Senator Fanning, unanimous consent being granted, it was ordered that the Journal show had Senator Fanning been present in the chamber in earlier proceedings today, he would have voted "yea" on the passage of Engrossed Senate Bill No. 4001, Engrossed Senate Bill No. 4002, Engrossed Senate Bill No. 4003 Engrossed Senate Bill No. 4004, Engrossed Committee Substitute for Senate Bill No. 4006, Engrossed Senate Bill No. 4007, Engrossed Senate Bill No. 4009, Engrossed Senate Bill No. 4010 and Engrossed Senate Bill No. 4011.
     On motion of Senator Edgell, the Senate adjourned until tomorrow, Thursday, November 19, 2009, at 12 o'clock Noon.
____________
SENATE CALENDAR


Thursday, November 19, 2009


12 Noon

_______
HISTORY OF BILLS AND RESOLUTIONS

CONSIDERED BY SENATE


Includes actions as of November 18, 2009


(This symbol * indicates Committee Substitutes.)


ALL SENATE BILLS INTRODUCED


(This digest embraces the complete bill list

submitted. If passed, all effective ninety days

from passage unless otherwise indicated.)
   4001.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Clarifying certain records pertaining to pardons are not subject to expungement orders - Introduced 11/17/09 - To Judiciary - (original same as H. B. No. 401) - On 2nd reading to Judiciary 11/17/09 - Amended - Constitutional rule suspended - Passed Senate 11/18/09 - Effective from passage - Senate reconsidered effective date - Title amended - Effective from passage

   4002.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Relating to federal recovery zone bonds - Introduced 11/17/09 - To Finance - (original same as H. B. No. 402) - On 2nd reading to Finance 11/17/09 - Amended - Constitutional rule suspended - Passed Senate 11/18/09 - Effective from passage

   4003.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Relating to compliance of state retirement systems with certain provisions of IRS code - Introduced 11/17/09 - To Finance - (original same as H. B. No. 403) - On 2nd reading to Finance 11/17/09 - Constitutional rule suspended - Passed Senate 11/18/09 - Effective from passage

   4004.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Relating to motor fuel excise tax - Introduced 11/17/09 - To Finance - (original same as H. B. No. 404) - On 2nd reading to Finance 11/17/09 - Constitutional rule suspended - Passed Senate 11/18/09 - Effective from passage

   4005.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Relating to mandatory employer contributions to Retirement Health Benefits Trust Fund - Introduced 11/17/09 - To Finance - (original same as H. B. No. 405) - On 2nd reading to Finance 11/17/09

  *4006.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Establishing absentee voting pilot program for uniform services members and certain other citizens - Introduced 11/17/09 - To Judiciary - (original same as H. B. No. 406) - On 2nd reading to Judiciary 11/17/09 - Com. sub. reported 11/18/09 - Constitutional rule suspended - Passed Senate 11/18/09 - Effective from passage

   4007.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Relating to retirement benefits of professional police officers and professional firefighters - Introduced 11/17/09 - To Pensions then Finance - (original same as H. B. No. 407) - On 2nd reading to Pensions then Finance 11/17/09 - On 2nd reading to Finance 11/17/09 - Amended - Constitutional rule suspended - Passed Senate 11/18/09 - Effective from passage

   4008.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Relating to Alternative and Renewable Energy Portfolio Act - Introduced 11/17/09 - To Judiciary - (original same as H. B. No. 408) - On 2nd reading to Judiciary 11/17/09

   4009.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Making supplementary appropriation of federal funds to various accounts - Introduced 11/17/09 - To Finance - (original same as H. B. No. 409) - On 2nd reading to Finance 11/17/09 - Constitutional rule suspended - Passed Senate 11/18/09 - Effective from passage

   4010.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Making supplementary appropriation from State Fund, General Revenue, to Bureau of Senior Services - Introduced 11/17/09 - To Finance - (original same as H. B. No. 410) - On 2nd reading to Finance 11/17/09 - Constitutional rule suspended - Passed Senate 11/18/09 - Effective from passage

   4011.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Supplementing, amending and increasing item from State Road Fund to Department of Transportation, Division of Highways - Introduced 11/17/09 - To Finance - (original same as H. B. No. 411) - On 2nd reading to Finance 11/17/09 - Constitutional rule suspended - Passed Senate 11/18/09 - Effective 12/1/09


ALL SENATE RESOLUTIONS OFFERED


   401.   By Sen. Chafin - Raising committee to notify House Senate has assembled in extraordinary session - Introduced 11/17/09 - Committee reference dispensed - Adopted by Senate 11/17/09

   402.   By Sen. Chafin - Raising committee to notify Governor Legislature has assembled in extraordinary session - Introduced 11/17/09 - Committee reference dispensed - Adopted by Senate 11/17/09

   403.   By Sen. Tomblin (Mr. President), Bowman, Browning, Chafin, Edgell, D. Facemire, Fanning, Foster, Green, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Unger, Wells, White, Williams, Yost, Barnes, Boley, Caruth, Deem, K. Facemyer, Guills, Hall and Sypolt - Recognizing Honorable Robert C. Byrd - Introduced 11/18/09 - Committee reference dispensed - Adopted by Senate 11/18/09

   404.   By Sen. Plymale and Jenkins - Congratulating Cabell Midland High School boys' cross country team for winning 2009 AAA state championship - Introduced 11/18/09 - Committee reference dispensed - Adopted by Senate 11/18/09

   405.   By Sen. Plymale, Tomblin (Mr. President), Jenkins, Stollings, Fanning and Chafin - Congratulating Spring Valley High School girls' volleyball team for winning 2009 AAA state championship - Introduced 11/18/09 - Committee reference dispensed - Adopted by Senate 11/18/09


SENATE BILLS PASSED SENATE

AND COMMUNICATED TO HOUSE


   4001.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Clarifying certain records pertaining to pardons are not subject to expungement orders - Introduced 11/17/09 - To Judiciary - (original same as H. B. No. 401) - On 2nd reading to Judiciary 11/17/09 - Amended - Constitutional rule suspended - Passed Senate 11/18/09 - Effective from passage - Senate reconsidered effective date - Title amended - Effective from passage

   4002.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Relating to federal recovery zone bonds - Introduced 11/17/09 - To Finance - (original same as H. B. No. 402) - On 2nd reading to Finance 11/17/09 - Amended - Constitutional rule suspended - Passed Senate 11/18/09 - Effective from passage

   4003.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Relating to compliance of state retirement systems with certain provisions of IRS code - Introduced 11/17/09 - To Finance - (original same as H. B. No. 403) - On 2nd reading to Finance 11/17/09 - Constitutional rule suspended - Passed Senate 11/18/09 - Effective from passage

   4004.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Relating to motor fuel excise tax - Introduced 11/17/09 - To Finance - (original same as H. B. No. 404) - On 2nd reading to Finance 11/17/09 - Constitutional rule suspended - Passed Senate 11/18/09 - Effective from passage

  *4006.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Establishing absentee voting pilot program for uniform services members and certain other citizens - Introduced 11/17/09 - To Judiciary - (original same as H. B. No. 406) - On 2nd reading to Judiciary 11/17/09 - Com. sub. reported 11/18/09 - Constitutional rule suspended - Passed Senate 11/18/09 - Effective from passage

   4007.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Relating to retirement benefits of professional police officers and professional firefighters - Introduced 11/17/09 - To Pensions then Finance - (original same as H. B. No. 407) - On 2nd reading to Pensions then Finance 11/17/09 - On 2nd reading to Finance 11/17/09 - Amended - Constitutional rule suspended - Passed Senate 11/18/09 - Effective from passage

   4009.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Making supplementary appropriation of federal funds to various accounts - Introduced 11/17/09 - To Finance - (original same as H. B. No. 409) - On 2nd reading to Finance 11/17/09 - Constitutional rule suspended - Passed Senate 11/18/09 - Effective from passage

   4010.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Making supplementary appropriation from State Fund, General Revenue, to Bureau of Senior Services - Introduced 11/17/09 - To Finance - (original same as H. B. No. 410) - On 2nd reading to Finance 11/17/09 - Constitutional rule suspended - Passed Senate 11/18/09 - Effective from passage

   4011.   By Sen. Tomblin (Mr. President) and Caruth [By Request of the Executive] - Supplementing, amending and increasing item from State Road Fund to Department of Transportation, Division of Highways - Introduced 11/17/09 - To Finance - (original same as H. B. No. 411) - On 2nd reading to Finance 11/17/09 - Constitutional rule suspended - Passed Senate 11/18/09 - Effective 12/1/09