sdj-27th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2009
TWENTY-SEVENTH DAY
____________
Charleston, W. Va., Monday, March 9, 2009
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the First Presbyterian Church Preschool
Busy Bees, Charleston, West Virginia, who then led the Senate in
the recitation of the Pledge of Allegiance.
Pending the reading of the Journal of Friday, March 6, 2009,
On motion of Senator Deem, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2412--A Bill to amend and
reenact §7-1-3jj of the Code of West Virginia, 1931, as amended,
relating to providing certain county commissions with authority to
regulate the location of businesses offering exotic entertainment.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 398, Imposing certain restrictions on
graduated driver's licenses.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 398 (originating in the
Committee on Transportation and Infrastructure)--A Bill to amend
and reenact §17B-2-3a of the Code of West Virginia, 1931, as
amended, relating to imposing certain restrictions on a graduated
driver's license to increase public safety; and imposing criminal
penalties for violations of this section.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
The bill (Com. Sub. for S. B. No. 398), under the original
double committee reference, was then referred to the Committee on
the Judiciary.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and
joint resolution were introduced, read by their titles, and
referred to the appropriate committees:
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 505--A Bill to amend and reenact §11-13-2 of
the Code of West Virginia, 1931, as amended; to amend said code by
adding thereto a new section, designated §11-13-2q; and to amend
and reenact §24-2-11a of said code, all relating to a business and
occupation tax on the business of the transmission of electricity
through certain electric transmission lines; imposing a business
and occupation tax; setting forth legislative findings; defining
certain terms; providing for the rate and measure of tax;
prohibiting certain credits against tax; providing for the
dedication of tax proceeds; establishing the Electric Retail
Ratepayer Relief Fund and the Crossed County Transmission Line
Fund; providing for the distribution of tax proceeds; specifying
counties' expenditure of funds; authorizing the Tax Commissioner to
promulgate rules; providing for severability; and requiring the
Public Service Commission to make certain findings before approving
an application for a certificate of public convenience and
necessity for the construction of certain high-voltage transmission
lines.
Referred to the Committee on Finance.
By Senator Caruth:
Senate Bill No. 506--A Bill to amend and reenact §22-3-14 of the Code of West Virginia, 1931, as amended, relating to conforming
the state mine subsidence laws and rules to federal mining and
subsidence laws and rules.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Caruth, McCabe, Kessler and Snyder:
Senate Bill No. 507--A Bill to amend and reenact §5C-2-5 of
the Code of West Virginia, 1931, as amended, relating to powers and
duties of the West Virginia Clean Coal Technology Council;
requiring a study of carbon capture and control; and quarterly
reports to the Joint Committee on Government and Finance.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Caruth and Wells:
Senate Bill No. 508--A Bill to amend and reenact §5F-1-2 of
the Code of West Virginia, 1931, as amended, relating to creating
the Department of Miners Health, Safety and Training.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Caruth and Snyder:
Senate Bill No. 509--A Bill to amend and reenact §22-1-7 of
the Code of West Virginia, 1931, as amended, relating to the
creation of the Office of Energy Advisor within the Division of
Environmental Protection; and creating a standing committee of the
Legislature to oversee the implementation of the energy advisor's
initiatives.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on Finance.
By Senators Caruth, Snyder and Wells:
Senate Bill No. 510--A Bill to amend and reenact §22A-1-1 and
§22A-1-31 of the Code of West Virginia, 1931, as amended; to amend
said code by adding thereto a new article, designated §22A-12-1,
§22A-12-2, §22A-12-3, §22A-12-4, §22A-12-5, §22A-12-6, §22A-12-7,
§22A-12-8, §22A-12-9, §22A-12-10, §22A-12-11, §22A-12-12,
§22A-12-13 and §22A-12-14; and to amend and reenact §23-4-2 of said
code, all relating generally to the creation and implementation of
drug-free workplaces in coal mines; requiring Office of Miners'
Health, Safety and Training to ensure drug-free workplaces in the
mining industry; adopting procedures for the suspension or
revocation of miners' certification upon proof of confirmed
positive drug tests; requiring breach of duty hearings to be held
within twenty days; establishing process and conditions for
reissuance of miners' certification; authorizing Director of Office
of Miners' Health, Safety and Training to require all operators to
adopt drug-free workplace programs at coal mines; assessing of fee
for costs; requiring employers to pay for cost of drug tests for
employees; providing for definitions; requiring all companies
providing safety-sensitive services to mine operators to have
drug-free workplace program for certain employees; providing
immunity from wrongful discharge lawsuits for employers who
implement program; implementing process for drug testing and
appellate procedure; permitting the Office of Miners' Health, Safety and Training to require drug and alcohol test in serious
mine accidents of certain persons; requiring alcohol and drug tests
on all mine fatalities; requiring applicants for additional
certifications to be certified drug free; ensuring substance abuse
training; requiring minimum level of alcohol and substance abuse
training and proof of being drug and alcohol free for
certification; requiring proof of drug and alcohol free for
applicants as apprenticeship miner or miner certification;
requiring Office of Miners' Health, Safety and Training to provide
drug-testing program for apprentices; providing for cost
reimbursement or acceptance of results of certain other drug tests;
providing for confidentiality of drug test results and exemption
from the West Virginia Freedom of Information Act; allowing for
release by consent or compulsion by court order; establishing
relevancy to legal claim asserted by applicant; prohibiting use of
results in criminal proceedings against applicant; requiring
substance abuse awareness training for emergency medical services
personnel in mines; providing for severability; and modifying
rights of certain employees to receive indemnity benefits and
common law right to sue where accident proximately caused by
employee's intoxication.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 511--A Bill to amend and reenact §5G-1-2 of the Code of West Virginia, 1931, as amended; to amend said code by
adding thereto a new section, designated §5G-1-5; to amend and
reenact §17-2A-22 of said code; and to amend said code by adding
thereto a new section, designated §31-15A-15a, all relating to the
procurement of engineering services; defining certain terms;
exempting the procurement of engineering services for certain
projects funded by the Division of Highways and the Water
Development Authority from chapter five-g of said code; requiring
the Commissioner of Highways to establish certain qualification
criteria for engineering and design firms; requiring the Division
of Highways to annually select and classify qualifying engineering
and design firms; establishing requirements for the procurement of
certain engineering and design services by the Division of
Highways; establishing certain bonding requirements; granting a
preference to certain West Virginia firms; requiring the
Infrastructure and Jobs Development Council to establish certain
qualification criteria for engineering firms; requiring the
Infrastructure and Jobs Development Council to annually select
qualifying engineering firms; establishing requirements for
governmental agencies for the procurement of engineering services
for certain water development projects; and authorizing the
promulgation of rules.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Browning and Plymale:
Senate Bill No. 512--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article,
designated §5-13A-1, §5-13A-2, §5-13A-3, §5-13A-4, §5-13A-5, §5-
13A-6 and §5-13A-7, all relating to transfer from Higher Education
Retirement Plan to the Public Employees Retirement System;
definitions; voluntary transfers; converting assets from Higher
Education Retirement Plan to Public Employees Retirement System;
service credit in Public Employees Retirement System following
transfer; converting assets; vesting; minimum guarantees; and
transferees' eligibility to retire.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 513--A Bill to amend and reenact §18A-2-2,
§18A-2-6, §18A-2-7 and §18A-2-8a of the Code of West Virginia,
1931, as amended; to amend and reenact §18A-3-1 and §18A-3-2b of
said code; and to amend and reenact §18A-4-7a of said code, all
relating to the hiring, termination, transfer and reassignment of
teachers and school personnel; revising certain dates upon which
action must be taken with respect to the hiring, termination,
resignation or transfer of teachers and school personnel; providing
an incentive payment to professional personnel who file notice of
retirement on or before December 1; repealing the citizenship
requirement for a teaching certificate; reducing the length of the
beginning teacher internship program under certain circumstances;
authorizing county boards to hire teachers and professional personnel based on certain weighted criteria; and authorizing
county superintendents to reject applicants based on unsatisfactory
interview performances.
Referred to the Committee on Education; and then to the
Committee on the Judiciary.
By Senators McCabe, Hall and Williams:
Senate Bill No. 514--A Bill to amend and reenact §17A-3-14 of
the Code of West Virginia, 1931, as amended, relating to motor
vehicle registration generally; providing for the issuance of a
special realtor license plate; and assessing a special initial
application fee and a special annual fee therefor.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Jenkins, Foster, Minard, Stollings, Wells, Caruth,
Sypolt and Kessler:
Senate Bill No. 515--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new chapter,
designated §44C-1-1, §44C-1-2, §44C-1-3, §44C-1-4, §44C-1-5,
§44C-1-6, §44C-2-1, §44C-2-2, §44C-2-3, §44C-2-4, §44C-2-5,
§44C-2-6, §44C-2-7, §44C-2-8, §44C-3-1, §44C-3-2, §44C-4-1,
§44C-4-2, §44C-4-3, §44C-5-1, §44C-5-2 and §44C-5-3, all relating
to enactment of the Uniform Adult Guardianship and Protective
Proceedings Jurisdiction Act; defining terms; authorizing a court
in this state to treat a foreign country as if it were a state;
allowing communication and cooperation between courts for pending
guardianship protective proceedings; providing for taking testimony of a witness in another state; establishing jurisdictional basis
for guardianship and protective proceedings; providing guidance for
determination of jurisdiction between states; providing for special
jurisdiction in certain situations; providing for exclusive and
continuing jurisdiction for a court that appointed a guardian or
issued a protective order; providing criteria for determining the
appropriate forum for guardianship and protective proceedings;
authorizing a court to decline jurisdiction because of
unjustifiable conduct; providing for additional notice of
proceedings between states; determining jurisdiction when there are
proceedings in more than one state; providing for transfer of
guardianship or conservatorship to another state; providing
criteria for accepting transfer of guardianship or conservatorship
from another state; providing for registration of guardianship and
protective orders; providing that registration of a guardianship or
protective order from another state allows the guardian or
conservator to exercise his or her powers as allowed by law in this
state; requiring consideration of the need to promote uniformity of
the law when applying and construing this act; modifying, limiting
and superceding certain provisions of the federal Electronic
Signatures in Global and National Commerce Act; providing that this
act applies to certain guardianship and protective proceedings
begun on or after passage of the act; and providing that this act
applies to certain guardianship and protective proceedings
regardless of when they were begun.
Referred to the Committee on Interstate Cooperation; and then to the Committee on the Judiciary.
By Senators Foster, Kessler, Jenkins, Deem, Hall, Wells,
Green, Prezioso and Plymale:
Senate Bill No. 516--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §62-15-1, §62-15-2, §62-15-3, §62-15-4, §62-15-5, §62-
15-6, §62-15-7, §62-15-8, §62-15-9, §62-15-10, §62-15-11, §62-15-12
and §62-15-13, all relating to the enactment of the West Virginia
Drug Offender Accountability and Treatment Act; providing for the
structure of drug courts; targeting, eligibility and participation
in drug courts by offenders; providing treatment and services to
participants; establishing drug-testing procedures; providing
oversight by the Supreme Court of Appeals; collecting and
maintaining information on drug court candidates and participants;
funding; providing for immunity from liability; and enforcing the
act's provisions.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Unger, Fanning, Green, Helmick, Hall, Stollings
and Plymale:
Senate Bill No. 517--A Bill to amend and reenact §5G-1-3 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§22C-1-5 of said code; to amend and reenact §24-2-11 of said code;
and to amend and reenact §31-15A-3 and §31-15A-6 of said code, all
relating to construction of state utility projects; putting
limitations on engineering design and construction inspection fees for state and state subdivision-sponsored utility construction;
requiring all Water Development Authority-sponsored utility
projects to get authorization prior to removal of proposed
customers of a project; requiring the governmental agency
administering the utility project to perform an annual maintenance
audit of the utility; altering the number of customers or proposed
customers protesting requiring a formal hearing; reducing time
periods for the Public Service Commission to review and approve
certain applications by public utilities for certificate of public
convenience and necessity; providing for additional members of the
West Virginia Infrastructure and Jobs Development Council; and
requiring a study of engineering costs by the West Virginia
Infrastructure and Jobs Development Council.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Caruth and Williams:
Senate Bill No. 518--A Bill to amend and reenact §22-1-9 of
the Code of West Virginia, 1931, as amended, relating to allowing
the Environmental Protection Advisory Council to review, adopt and
eliminate rules exceeding applicable federal standards promulgated
pursuant to this article; and granting council mandatory rule-
making authority.
Referred to the Committee on the Judiciary.
By Senators Helmick, McCabe, Wells and Foster:
Senate Bill No. 519--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section, designated §5-1-29, relating to authorizing the Governor to
institute an employee furlough program.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Foster and Wells:
Senate Bill No. 520--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §30-5-12a, relating to prescription and pharmacy data
privacy; establishing legislative intent; prohibiting disclosure of
certain data; requiring legislative rules; creating penalties; and
providing for enforcement.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Guills, Prezioso, Boley, Sypolt, Fanning, K.
Facemyer, Hall, Plymale, Deem and Jenkins:
Senate Joint Resolution No. 12--Proposing an amendment to the
Constitution of the State of West Virginia, amending article III
thereof by adding thereto a new section, designated section twenty-
three, relating to the marriage protection amendment; prohibiting
the state from recognizing same-sex marriages; prohibiting the
state from recognizing a legal status for relationships that is
similar to marriage; numbering and designating such proposed
amendment; and providing a summarized statement of the purpose of
such proposed amendment.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
Senators White, Laird and Sypolt offered the following
resolution:
Senate Concurrent Resolution No. 20--Requesting the Division
of Highways name bridge number 51-18-0.90(10685), known as Jumbo
Bridge, in Webster County the "Arden Cogar, Sr., Bridge".
Whereas, Webster County's Arden Cogar, Sr., is a home-grown
lumberjack, born in 1942, who has set 55 world records over the
years in several lumberjacking sports. Many of these records have
gone unbroken, specifically times for chopping horizontal 8-inch
and 12-inch round yellow poplar, vertical chopping an 8-inch and
10-inch yellow poplar, 10-inch yellow poplar, 10-inch white pine,
10-inch aspen and a 12-inch round red pine. His lumberjacking
talents also included felling trees to drive stakes, ax throwing
for accuracy and chainsawing; and
Whereas, Arden Cogar, Sr., and his wife Carol have operated
Arden Cogar Logging for years, developing methods to segregate logs
into quality units, veneer, mill logs, tie logs, pulp and other
varieties long before they were practiced at mill sites; and
Whereas, Arden Cogar, Sr., organized the Webster County
Woodchopping Contest which is one of the largest and most
successful competitions in the United States. It has gained
international status and has competitors from Canada, England,
Spain, New Zealand and Australia; and
Whereas, Arden Cogar, Sr., continues to teach the sport of
lumberjacking. While many of his students become state and
regional champions, his son Arden, Jr., and nephew Paul have also become world champions. Arden Cogar, Sr., managed a team in 2000
that performed for the International Olympic Committee hoping to
earn the sport Olympic status in 2008. He has earned regional,
national and international acclaim in many facets of forestry and
brought much honor to West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 51-18-0.90(10685), known as Jumbo Bridge, in Webster
County the "Arden Cogar, Sr., Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the bridge
as the "Arden Cogar, Sr., Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and Arden Cogar, Sr.
Which, under the rules, lies over one day.
Senators White, Edgell, Williams, Plymale, Kessler and Sypolt
offered the following resolution:
Senate Resolution No. 25--Designating March 10, 2009, as "West
Virginia State Grange Day."
Whereas, The Grange is the world's first farm fraternal
association; and
Whereas, The West Virginia State Grange is our state's oldest
agricultural and rural community organization; and
Whereas, The Grange has been a tireless champion for West
Virginia's farmers and their rural communities through a vigorous grassroots advocacy of the mutual interests of its members; and
Whereas, The Grange provides opportunities for families and
individuals to develop to their highest potential in order to build
stronger communities; and
Whereas, Voluntary association with the Grange not only
provides the benefits of economic and political cooperation for its
members, but it also elevates their character by providing social,
cultural and educational programs, along with opportunities for
personal growth; and
Whereas, The Grange increases the influence of each of its
members by giving them the opportunity to serve their community
through projects and programs that make a difference in the lives
of children, youth and our neighbors in need of assistance; and
Whereas, The West Virginia State Grange has served the State
of West Virginia since June, 1873; therefore, be it
Resolved by the Senate:
That the Senate hereby designates March 10, 2009, as "West
Virginia State Grange Day"; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate representatives of the
West Virginia State Grange.
Which, under the rules, lies over one day.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 17, Requesting Division of
Highways name bridge in Logan County "Marine Private Robert Clayton
Stephenson Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Senate Concurrent Resolution No. 18, Requesting Division of
Highways name bridge crossing Little Coal River "Chief Master
Sergeant George Wallace Hedrick, Jr., Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Senate Concurrent Resolution No. 19, Requesting Division of
Highways name bridge in Salt Rock "SGT Daniel Pesimer Memorial
Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Senate Resolution No. 22, Recognizing Anastacia Meadows on
winning 2009 Prudential Spirit of Community Award.
On unfinished business, coming up in regular order, was
reported by the Clerk.
At the request of Senator Jenkins, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Senate Resolution No. 23, Commemorating life of Thomas A.
Colley.
On unfinished business, coming up in regular order, was
reported by the Clerk.
At the request of Senator Barnes, unanimous consent being
granted, the resolution was laid over one day, retaining its place
on the calendar.
Senate Resolution No. 24, Expressing will of Senate regarding
economic recovery plan spending.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Economic
Development.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 284, Relating to Viatical
Settlements Act.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Deem, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Caruth, Chafin and Plymale--3.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 284) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 339, Exempting certain
licensed medical professionals from county hiring prohibition.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Deem, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Caruth, Chafin and Plymale--3.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 339) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 405, Relating to
grandparents' visitation.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Deem, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Chafin and Plymale--3.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 405) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 243, Relating to issuing general
obligation bonds.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 251, Authorizing issuance of revenue bonds for
public projects.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 262, Removing prohibition against using
county's General Revenue Fund for historic preservation.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Government Organization, was reported by the Clerk and adopted:
On page three, section eight, lines forty through forty-four,
by striking out the following: Notwithstanding these
qualifications, the person serving as the deputy state historic preservation officer on the date of enactment of this article shall
be eligible for appointment as the director of the historic
preservation section.
The bill (S. B. No. 262), as amended, was then ordered to
engrossment and third reading.
Com. Sub. for Senate Bill No. 277, Requiring Tax Commissioner
create single dwelling residential housing index.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 329, Updating terms in Personal Income Tax
Act.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 410, Updating terms in Corporation Net Income
Tax Act.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
Senate Bill No. 66, Relating to school employees' donated
personal leave days.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 306, Increasing pipeline companies' special
license fees to Public Service Commission.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 370, Relating to community
corrections program fees.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
On motion of Senator Edgell, leaves of absence for the day
were granted Senators Chafin, Plymale and Caruth.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Edgell, the Senate adjourned until
tomorrow, Tuesday, March 10, 2009, at 11 a.m.
____________