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Senate Journal


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sdj-28th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2009

TWENTY-EIGHTH DAY

____________

Charleston, W. Va., Tuesday, March 10, 2009

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

Prayer was offered by the Reverend Father Livinus Uba, Sacred Heart Catholic Church, Huntington, West Virginia, and St. Peter Claver Church, Huntington, West Virginia.
Pending the reading of the Journal of Monday, March 9, 2009,
On motion of Senator D. Facemire, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2421--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-19-22, relating to distinguishing between operable and inoperable fire hydrants; requiring notification of inoperable hydrants; defining the term "inoperable"; and requiring the painting or covering of inoperable fire hydrants.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2474--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-29-6; and to amend and reenact §22-15-22 of said code, all relating to the regulation of land-based aquaculture facilities; exempting aquaculture facilities from certain sludge management requirements; and providing the Commissioner of Agriculture rule-making authority to promulgate rules after consultation with the Department of Environmental Protection, concerning the disposal or application of waste produced from an aquaculture facility.
Referred to the Committee on Agriculture; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2701--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-5-12b, relating to an escape of any person from the custody of the Division of Juvenile Services as either a misdemeanor or a felony depending on the type of facility they were committed to in when the escape occurred; providing definitions; providing for criminal penalties; establishing venue for the proceedings; and allowing for the transfer of jurisdiction back to the original committing court if the person is under eighteen and all parties agree.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 238, Relating to unlawful discriminatory practices generally.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 238 (originating in the Committee on the Judiciary)--A Bill
to amend and reenact §5-11-2, §5-11-3, §5-11-4, §5-11-8, §5-11-9 and §5-11-13 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §5-11-9a; and to amend and reenact §5-11A-3, §5-11A-5, §5-11A-6 and §5-11A-7 of said code, all relating to unlawful discriminatory practices generally; prohibiting discrimination based upon age or sexual orientation in housing; defining "sexual orientation" and "age"; creating exceptions for religious institutions and certain nonprofit organizations from the sexual orientation proscriptions of this bill when such employment comports with specific criteria; expressly authorizing dress codes; and defining "religious institutions".
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 298, Increasing Wireless Tower Assistance Fund allocation.
And repots back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 298 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §24-6-6b of the Code of West Virginia, 1931, as amended, relating to increasing the amount allocated from the wireless enhanced 911 fee to be deposited into the Enhanced 911 Wireless Tower Access Assistance Fund and distributed by the Public Service Commission to subsidize the construction of wireless towers; and providing definitions.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
John R. Unger II,
Chair.
The bill (Com. Sub. for S. B. No. 298), under the original double committee reference, was then referred to the Committee on Finance.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 318, Expanding Division of Protective Services' law-enforcement authority over state property under certain circumstances.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 318 (originating in the Committee on the Judiciary)--A Bill
to amend and reenact §15-2D-3 of the Code of West Virginia, 1931, as amended, relating to the duties and powers of the director and officers of the West Virginia Division of Protective Services; extending division jurisdiction over state property throughout the state under certain circumstances; and clarifying that division has no responsibility for providing security for state facilities outside the Capitol Complex.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Browning, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Senate Bill No. 375, Relating to Office of Coalfield Community Development.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 375 (originating in the Committee on Economic Development)--A Bill
to amend and reenact §5B-2A-3, §5B-2A-5, §5B-2A-6 and §5B-2A-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §22-3-10 of said code, all relating to the Office of Coalfield Community Development and master land use plans; defining terms; powers and duties; requiring state, local, county or regional development or redevelopment authorities to develop master land use plans; requiring mine operators to consider and acknowledge recommendations of master land use plans in community impact statements; requiring the development authorities to acknowledge the community impact statements; requiring the Office of Coalfield Community Development to assist with the development and preparation of master land use plans; providing for review and approval of master land use plans; requiring the post-mining land use proposed in reclamation plans to comport with associated master land use plans; allowing approval of noncomporting post-mining land uses; and satisfying variance requirement by compliance with master mine use plans.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Richard Browning,
Chair.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
By Senators Laird, Foster and Green:
Senate Bill No. 521--A Bill to amend and reenact §61-5-8 of the Code of West Virginia, 1931, as amended, relating to adding telecommunications devices to items which cannot be brought into a jail or correctional facility.
Referred to the Committee on the Judiciary.
By Senators Barnes and Stollings:
Senate Bill No. 522--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §36-1-25, relating to requiring lessors of subsurface rights to state with specificity what surface rights are also being acquired.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 523--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-4-21, relating to property value assessment adjustments when ten percent or more of sales of real property are foreclosure sales.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Kessler, Snyder, Unger, Yost, Boley, Foster and Jenkins:
Senate Bill No. 524--A Bill to amend and reenact §8-14-12 of the Code of West Virginia, 1931, as amended, relating to raising the upper level age restriction for new hires for certain law- enforcement agencies from thirty-five to forty-five years of age.
Referred to the Committee on the Judiciary.
By Senators Laird and Green:
Senate Bill No. 525--A Bill to amend and reenact §7-14C-1, §7-14C-2 and §7-14C-3 of the Code of West Virginia, 1931, as amended, all relating to the procedure for investigation of deputy sheriffs; and redefining parts of "punitive action" and "under investigation".
Referred to the Committee on the Judiciary.
By Senators Foster, Stollings and Laird:
Senate Bill No. 526--A Bill to amend and reenact §30-14-1, §30-14-2, §30-14-4, §30-14-5 and §30-14-10 of the Code of West Virginia, 1931, as amended, all relating to the regulation of osteopathy; defining terms; revising requirements for post-doctoral training as a requirement for licensure; providing for educational permits for post-doctoral clinical training; authorizing the promulgation of an emergency legislative rule; eliminating redundant language regarding licenses, internships, formation of medical corporations and fees; and defining the scope and duration of educational permits.
Referred to the Committee on Government Organization.
By Senators Kessler, Oliverio, Palumbo, Foster and Minard:
Senate Bill No. 527--A Bill to amend and reenact §6B-2-4 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §6B-2-12, all relating generally to the enforcement powers of the Ethics Commission; authorizing the Ethics Commission to initiate removal proceedings in circuit court against locally elected or appointed public officials, including a public official of any political subdivision thereof, who has been found to have violated the West Virginia Governmental Ethics Act; and authorizing the commission to seek preliminary injunctive relief upon the filing of a verified complaint against local elected or appointed public officials, including a public official of any political subdivision thereof, if it has reason to believe that the public official is unlawfully expending public funds, that the local governmental body has not acted to stop the expenditure and that irreparable harm may occur if the public official is not enjoined.
Referred to the Committee on the Judiciary.
By Senators Laird, Stollings, Unger, Helmick and Green:
Senate Bill No. 528--A Bill to amend and reenact §59-1-10 of the Code of West Virginia, 1931, as amended, relating to clarification that certain funds be placed in a county's general fund.
Referred to the Committee on Finance.
By Senator Foster:
Senate Bill No. 529--A Bill to amend and reenact §30-7-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-7A-9 of said code, all relating to exempting care of the sick from nursing licensing provisions when the care is provided in connection with the practice of the religious tenets of any church or religious organization and is by or for its members.
Referred to the Committee on Health and Human Resources.
By Senator Chafin:
Senate Bill No. 530--A Bill to amend and reenact §44-10-4 of the Code of West Virginia, 1931, as amended, relating to the right of a minor possessed of an estate to nominate a guardian.
Referred to the Committee on the Judiciary.
By Senator Snyder (By Request):
Senate Bill No. 531--A Bill to repeal §30-13A-26 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30- 13A-1, §30-13A-3, §30-13A-5, §30-13A-8, §30-13A-9, §30-13A-10, §30- 13A-11, §30-13A-12, §30-13A-15, §30-13A-16, §30-13A-17, §30-13A-19, §30-13A-20, §30-13A-23, §30-13A-24, §30-13A-29, §30-13A-32 and §30- 13A-36 of said code, all relating to amending the professional surveyors act.
Referred to the Committee on Government Organization.
By Senators Minard, Jenkins and Kessler:
Senate Bill No. 532--A Bill to amend and reenact §31-17-1, §31-17-2, §31-17-3, §31-17-4, §31-17-5, §31-17-7, §31-17-11, §31-17-12, §31-17-13 and §31-17-20 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §31-17A-1, §31-17A-2, §31-17A-3, §31-17A-4, §31-17A-5, §31-17A-6, §31-17A-7, §31-17A-8, §31-17A-9, §31-17A-10, §31-17A-11, §31-17A-12, §31-17A-13, §31-17A-14, §31-17A-15, §31-17A-16, §31-17A-17, §31-17A-18, §31-17A-19 and §31-17A-20; and to amend and reenact §46A-4-102 of said code, all relating to the Division of Banking's participation in the Nationwide Mortgage Licensing System and Registry; complying with the SAFE Act; amending and creating definitions; exempting federally insured depository institutions from broker licensing; allowing the Division of Banking to participate in the Nationwide Mortgage Licensing System and Registry; permitting the Nationwide Mortgage Licensing System and Registry to process background and credit checks on behalf of the Commissioner of Banking; creating a tiered bond structure for licensed lenders and brokers; reducing the license processing time for lenders and brokers; requiring a new application for certain changes in control of mortgage licensees; clarifying the fee for licensee office relocation; synchronizing the mortgage annual report requirement with the Nationwide Mortgage Licensing System and Registry; outlining the purpose of the West Virginia SAFE Mortgage Licensing Act; defining terms associated with the SAFE Mortgage Licensing Act; requiring licensing and registration of mortgage loan originators; creating an application procedure for mortgage loan originators with minimum standards; requiring prelicensure education of mortgage loan originators; implementing a prelicensure testing requirement for mortgage loan originators; explaining standards for mortgage loan originator license renewal; clarifying annual continuing education requirements for mortgage loan originators; granting the commissioner authority to require mortgage loan originator licensing through the Nationwide Mortgage Licensing System and Registry; requiring the commissioner to create a challenge process for the Nationwide Mortgage Licensing System and Registry; creating enforcement authority for mortgage loan originators; defining violations and penalties of the SAFE Mortgage Licensing Act; requiring a surety bond to cover licensed mortgage loan originators that is tied to the amount of mortgage originations by each lender, broker or regulated consumer lender licensee; creating confidentiality provisions; granting investigation and examination authority to the Commissioner of Banking for violations of the SAFE Mortgage Licensing Act; outlining prohibited acts and practices for mortgage loan originators; requiring the Commissioner of Banking to report to the Nationwide Mortgage Licensing System and Registry; clarifying the use of unique identifiers; creating a severability section; defining effective dates; requiring the licensure of mortgage loan originators employed by licensed regulated consumer lenders; and implementing a bond requirement for regulated consumer lenders that originate mortgage loans.
Referred to the Committee on Banking and Insurance; and then to the Committee on Government Organization.
By Senators McCabe, Foster, Unger and Kessler:
Senate Bill No. 533--A Bill to amend and reenact §11-15-9i of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-15B-2 and §11-15B-32 of said code, all relating to the definitions of "health care provider" and "drug"; and exempting from the consumers sales and service tax drugs purchased by veterinarians to be dispensed upon prescription for the medical treatment of animals.
Referred to the Committee on Finance.
By Senators Bowman, Snyder and Minard:
Senate Bill No. 534--A Bill to amend and reenact §5A-7-11 of the Code of West Virginia, 1931, as amended, relating to authorizing the Chief Technology Officer to receive confidential records and have access to an agency's database which may contain confidential information, while accepting the responsibility to safeguard this information as defined by applicable law; and providing a penalty.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
Senator Snyder offered the following resolution:
Senate Concurrent Resolution No. 21--
Requesting the Joint Committee on Government and Finance study the feasibility of reclassifying counties based upon governmental functions and activities.
Whereas, Because of the diversity of the various counties in West Virginia, such as border counties, land-use planning, size and population of the county, industry and natural resources, geographical location and local interests and problems, there should be a system of reclassifying the counties; and
Whereas, All of the counties of the state are basically treated the same by law in the code as to authority or power to act and a reclassification of counties by statue would produce a system allowing certain counties to deal with their internal problems that do not affect the other counties of the state; and
Whereas, Such a reclassification would in all likelihood result in savings to the counties and the State of West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the feasibility of reclassifying counties based upon governmental functions and activities; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Plymale, Stollings, Unger, Kessler, Jenkins and Minard offered the following resolution:
Senate Resolution No. 26--
Recognizing the Society of Human Resource Management for its hard work and dedication.
Whereas, The Society of Human Resource Management is a professional organization; and
Whereas, The Society of Human Resource Management submits certification qualification standards set down by the Human Resource Certification Institute; and
Whereas, The Society of Human Resource Management certifies members voluntarily through the rigorous testing of the Human Resource Certification Institute; and
Whereas, The Society of Human Resource Management has hundreds of professional members throughout West Virginia and 250,000 members in the United States; and
Whereas, West Virginia has seven state chapters, four student chapters and represents hundreds of organizations and employers in West Virginia; and
Whereas, The Society of Human Resource Management believes in respect for the thousands of workers in West Virginia that its professionals manage; and
Whereas, The Society of Human Resource Management practitioners dedicate themselves to legal compliance, bridging the gap between employees, employers and legal authorities; and
Whereas, The Society of Human Resource Management rigorously enforces on its members an established code of ethics; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the Society of Human Resource Management for its hard work and dedication; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Society of Human Resource Management.

At the request of Senator Plymale, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Edgell, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and proceeded to the seventh order of business.
Senate Concurrent Resolution No. 20, Requesting Division of Highways rename Jumbo Bridge in Webster County "Arden Cogar, Sr., Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Resolution No. 23, Commemorating life of Thomas A. Colley.
On unfinished business, coming up in regular order, was reported by the Clerk
.
At the request of Senator Edgell, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Senate Resolution No. 25, Designating March 10, 2009, "West Virginia State Grange Day".
On unfinished business, coming up in regular order, was reported by the Clerk
.
At the request of Senator White, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Edgell, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and proceeded to the eighth order of business.

Eng. Com. Sub. for Senate Bill No. 243, Relating to issuing general obligation bonds.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Chafin--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 243) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 251, Authorizing issuance of revenue bonds for public projects.
On third reading, coming up in regular order, was read a third time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Senate Bill No. 251 pass?"
On the passage of the bill, the yeas were: Barnes, Bowman, Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: Boley--1.
Absent: Chafin--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 251) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 262, Removing prohibition against using county's General Revenue Fund for historic preservation.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Chafin--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 262) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 277, Requiring Tax Commissioner create single dwelling residential housing index.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Chafin--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 277) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 329, Updating terms in Personal Income Tax Act.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Chafin--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 329) passed with its title.
Senator Edgell moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Chafin--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 329) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 410, Updating terms in Corporation Net Income Tax Act.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Chafin--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 410) passed with its title.
Senator Edgell moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Chafin--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 410) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Senate Bill No. 66, Relating to school employees' donated personal leave days.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 306, Increasing pipeline companies' special license fees to Public Service Commission.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 370, Relating to community corrections program fees.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Kessler, Williams, Caruth and Snyder.
Thereafter, at the request of Senator Foster, and by unanimous consent, the remarks by Senator Kessler were ordered printed in the Appendix to the Journal.
At the request of Senator Caruth, unanimous consent being granted, the remarks by Senator Williams were ordered printed in the Appendix to the Journal.
At the request of Senator K. Facemyer, and by unanimous consent, the Senate returned to the eleventh order of business and the introduction of guests.
The Senate proceeded to the thirteenth order of business.
At the respective requests of Senators Plymale and Caruth, unanimous consent being granted, it was ordered that the Journal show had Senators Plymale and Caruth been present in the chamber on yesterday, Monday, March 9, 2009, they would have voted "yea" on the passage of Engrossed Committee Substitute for Senate Bill No. 284, Engrossed Committee Substitute for Senate Bill No. 339 and Engrossed Committee Substitute for Senate Bill No. 405.
On motion of Senator Edgell, a leave of absence for the day was granted Senator Chafin.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Edgell, the Senate adjourned until tomorrow, Wednesday, March 11, 2009, at 11 a.m.
____________

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