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Senate Journal


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sdj-34th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2009

THIRTY-FOURTH DAY

____________

Charleston, W. Va., Monday, March 16, 2009

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

Prayer was offered by the Reverend John Dixon, Holy Spirit Orthodox Church, Huntington, West Virginia.
Pending the reading of the Journal of Friday, March 13, 2009,
On motion of Senator Helmick, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 14--Requesting the Division of Highways to name Bridge No. 49-11/17-0.02, located on County Route 11/17 in Selbyville, Upshur County, the "Corporal William Dely Memorial Bridge."
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 18--Requesting the Division of Highways name both the northbound and southbound bridge along U. S. 119 straddling the Little Coal River between Lincoln County and Kanawha County, just south of the Lincoln County Route 1/2- McCorkle exit, identified as bridge number 20-119-1.06 "3174", the "Chief Master Sergeant George Wallace Hedrick, Jr., Bridge".
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 19--Requesting the Division of Highways to rename Lincoln County Route 13/7 in Yawkey, currently named "Guy Gillenwater Hollow"
road, to "Heritage Road".
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 20--Requesting the Division of Highways add to the signage on bridge number O6-O2-0.10, in Cabell County, adding "Green Beret" above "Sgt. Jackie L. Waymire Memorial Bridge" and "Recipient of DSC KIA Vietnam 1967" below.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 21--Requesting the West Virginia Division of Highways to name the bridge located in Mabscott, Raleigh County, West Virginia,
specifically bridge number 41-3/38-0.01(3028) , the "Staff Sgt. Jeremy Alexander Brown Memorial Bridge".
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 22--Requesting the West Virginia Division of Highways to name that portion of highway beginning on State Route 17 at Man, Logan County, West Virginia, and continuing for seventeen miles the "Buffalo Creek Memorial Highway".
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 23--Requesting the Division of Highways to name Bridge No. 30-65-0.84, located on County Route 65 at Stoney Mountain Camp, North Matewan, Mingo County, West Virginia, the "Corporal Alfred E. Collins Bridge".
Referred to the Committee on Transportation and Infrastructure.
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. 327, Relating to municipalities' mini-trucks registration and operation.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 327 (originating in the Committee on Transportation and Infrastructure)--A Bill
to amend and reenact §17A-1-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §17A-3-7 of said code; to amend and reenact §17A-3A-2 and §17A-3A-3 of said code; and to amend and reenact §17A-10-1 of said code, all relating to registration and operation of mini-trucks by a city, county, state or other governmental entity for the purpose of parking enforcement or other governmental purposes.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Government Organization.
Respectfully submitted,
John R. Unger II,
Chair.
The bill (Com. Sub. for S. B. No. 327), under the original double committee reference, was then referred to the Committee on Government Organization.
Senator Wells, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 415, Providing military service retirement credit.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 415 (originating in the Committee on Military)--A Bill
to amend and reenact §5-10-15 of the Code of West Virginia, 1931, as amended; to amend and reenact §15-2A-19 of said code; to amend and reenact §18-7A-17 of said code; to amend said code by adding thereto a new section, designated §18-7A-17a; to amend and reenact §18-7B-8a and §18-7B-11 of said code; and to amend and reenact §51-9-4 and §51-9-6 of said code, all relating to providing up to twenty-four months of military service credit for the time served in active military duty to any qualified member of the West Virginia Public Employees Retirement Act, the West Virginia State Police Retirement System, the State Teachers Retirement System, the Teachers' Defined Contribution Retirement System and the Judges' Retirement System hired for the first time on or after July 1, 2009, or for any qualified member who is not vested on June 30, 2009.
With the recommendation that the committee substitute do pass; but under the original triple committee reference first be referred to the Committee on Pensions; and then to the Committee on Finance.
Respectfully submitted,
Erik P. Wells,
Chair.
The bill (Com. Sub. for S. B. No. 415), under the original triple committee reference, was referred to the Committee on Pensions; and then to the Committee on Finance.
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 Senator Bowman:
Senate Bill No. 588--A Bill to repeal §5-16-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5F-2-1 of said code, relating to abolishing the Public Insurance Agency Advisory Board.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Chafin, Browning, Tomblin (Mr. President), Plymale, Stollings, Green, Fanning and Kessler:
Senate Bill No. 589--A Bill to amend and reenact §11-13A-5a of the Code of West Virginia, 1931, as amended, relating to dedicating a portion of revenue generated from severance taxes for the benefit of counties and municipalities; creating fund; and providing permissible uses for fund.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senator Bowman:
Senate Bill No. 590--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17B-1E-1, §17B-1E-2 and §17B-1E-3; to amend and reenact §17B-2-1 of said code; and to amend said code by adding thereto a new section, designated §61-7-4a, all relating to requiring a notification be placed on driver's licenses and state identification cards when an individual has been granted a concealed weapons permit.
Referred to the Committee on the Judiciary.
By Senators Kessler, Green, Sypolt, Barnes, Minard, Laird, Jenkins, Snyder, Williams and Plymale:
Senate Bill No. 591--A Bill to amend and reenact §50-1-1 of the Code of West Virginia, 1931, as amended, relating to the election of magistrates generally; providing that all magistrates will be elected by divisions; and providing that all magistrates will be elected at large from the entire county he or she serves.
Referred to the Committee on the Judiciary.
By Senator Kessler:
Senate Bill No. 592--A Bill to amend and reenact §11-13A-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-27-36 of said code, all relating to health care provider tax generally; providing a tax of five percent of the gross receipts of the taxpayer until July 1, 2010; and allowing certain providers to reduce gross receipts by contractual allowances.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Kessler and Plymale:
Senate Bill No. 593--A Bill to amend and reenact §17B-2-3a of the Code of West Virginia, 1931, as amended, relating to the examination of applicants and the issuance of driver's licenses to persons under the age of eighteen; reducing the criminal penalty for violations; and specifying the number of attempts permitted at passing the written driving knowledge examination.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Helmick, Chafin, Fanning and Kessler:
Senate Bill No. 594--A Bill to amend and reenact §5B-2-12 of the Code of West Virginia, 1931, as amended, relating to the frequency of funding of the courtesy patrol program out of the Tourism Promotion Fund.
Referred to the Committee on Finance.
By Senators Prezioso, Deem, Plymale and Kessler:
Senate Bill No. 595--A Bill to amend and reenact §9-3-4 of the Code of West Virginia, 1931, as amended, relating to the assignment of child support obligations.
Referred to the Committee on the Judiciary.
By Senators Chafin and Kessler:
Senate Bill No. 596--A Bill to amend and reenact §24-3-3b of the Code of West Virginia, 1931, as amended, relating to railroad safety; and requiring the Public Service Commission to undertake additional rulemaking pertaining to the safety requirements for railway walkways.
Referred to the Committee on the Judiciary.
By Senator Prezioso:
Senate Bill No. 597--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60-2-23, relating to providing for career development; and establishing annual salaries for Alcohol Beverage Control inspectors, enforcement agents and supervisors.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Williams, Sypolt, Kessler and Plymale:
Senate Bill No. 598--A Bill to amend and reenact §17A-1-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §17A-3-4 and §17A-3-7 of said code; to amend and reenact §17A-3A-2 and §17A-3A-3 of said code; to amend and reenact §17A-4-3 of said code; to amend said code by adding thereto a new section, designated §17A-10-1a; and to amend said code by adding thereto a new article, designated §17A-24-1, all relating to the registering and operating of mini-trucks; defining terms; prohibiting from operating on state highways; and providing a penalty.
Referred to the Committee on Transportation and Infrastructure.
By Senators Prezioso, Unger and Chafin:
Senate Bill No. 599--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-3-13a, relating to prohibiting a radiologist from performing a second reading of an X ray without written authorization from the patient when that X ray has previously been read and treatment rendered by the primary physician.
Referred to the Committee on Health and Human Resources.
By Senators Green, Deem, McCabe, Foster, Kessler and Plymale:
Senate Bill No. 600--A Bill to amend and reenact §22-3-11 of the Code of West Virginia, 1931, as amended, relating to continuing and reimposing the special reclamation tax on clean coal mined; providing for legislative review of the tax every five years; and taking out the additional tax on clean coal.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on Finance.
By Senators Unger, Green, Snyder, Stollings and Plymale:
Senate Bill No. 601--A Bill to amend and reenact §17C-6-7 of the Code of West Virginia, 1931, as amended, relating to the requirement that signs be posted indicating the type of surveillance used to detect the speed of a moving vehicle.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Bowman and Deem:
Senate Bill No. 602--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-35a, relating to the establishment of a dress code for teachers.
Referred to the Committee on Education.
By Senator Bowman:
Senate Bill No. 603--A Bill to amend and reenact §16-1-2, §16- 1-5 and §16-1-16 of the Code of West Virginia, 1931, as amended, all relating to definitions; appointment of the commissioner and the state health officer for the Bureau for Public Health; qualifications; and state health officer's duties and responsibilities.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Browning (By Request), Green and Kessler:
Senate Bill No. 604--A Bill to amend and reenact §27-4-1 and §27-4-3 of the Code of West Virginia, 1931, as amended, all relating to raising the age of consent that a minor may refuse mental health treatment from twelve to eighteen; and clarifying that the state not be obligated to pay for voluntary hospitalization.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Caruth, Prezioso, White, Palumbo, Sypolt, Williams, Barnes, Unger, Deem, Plymale, Stollings and Kessler:
Senate Bill No. 605--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-12B-3a, relating to providing a tax credit for purchase of new safety equipment.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Laird, Foster and Kessler:
Senate Bill No. 606--A Bill to amend and reenact §60A-2-204 of the Code of West Virginia, 1931, as amended, relating to the identification of salvia divinorum as hallucinogen; and adding it to the list of controlled substances.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Snyder, Unger, Plymale, Chafin and Kessler:
Senate Bill No. 607--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-18A-1, §29-18A-2 and §29-18A-3, all relating to creating the Commuter Rail Access Act; and allowing railroads in West Virginia which charge track access fees for any daily railroad commuter service in West Virginia a tax credit to the railroad against the corporate net income tax equal to access fees lost in lieu of other payment.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Unger, Stollings, Chafin and Kessler:
Senate Bill No. 608--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13Z-1, §11-13Z-2, §11-13Z-3 and §11-13Z-4, all relating to creating a tax credit for certain solar energy systems; providing for restrictions of use; requiring public electric utilities to credit customers for excess electricity generated; and requiring Tax Commissioner to promulgate rules for claiming and applying tax credit.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
Senators Caruth, Yost, Oliverio, Browning, Wells, Green, Prezioso, Unger and Plymale offered the following resolution:
Senate Concurrent Resolution No. 27--Requesting the Joint Committee on Government and Finance study pay rates between West Virginia Department of Environmental Protection staff and those of regulatory programs in other states and private industry.
Whereas, Recently the West Virginia Department of Environmental Protection's Division of Mining and Reclamation (WVDEP-DMR) has experienced substantial turnover of mining inspectors and technical permit review staff; and
Whereas, At least part of this high turnover appears to be attributable to the disparity between salaries available within the WVDEP-DMR and those in private industry; and
Whereas, The high turnover rates often result in a regulatory staff that is inexperienced; and
Whereas, High turnover rates of technical permit review staff have hindered the agency's ability to review and issue technically sounds permits in a timely fashion; and
Whereas, Further complicating this issue is the aging nature of the WVDEP-DMR's most experienced senior staff, all of whom are approaching retirement age; and
Whereas, Replacing these program managers will be extremely difficult with high turnover and the inability to attract qualified, experienced personnel to the agency; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study pay rates between West Virginia Department of Environmental Protection staff and those of regulatory programs in other states and private industry; and, be it
Further Resolved, That the Joint Committee on Government and Finance also conduct a study to determine ways to create an internship and training program at the DEP to recruit, with the guarantee of employment, young students and new college graduates in the technical fields such as engineering, geology and water chemistry; 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 Caruth, Yost, Oliverio, Wells, Green and Unger offered the following resolution:
Senate Concurrent Resolution No. 28--
Requesting the Joint Committee on Government and Finance study pay rates between mine inspectors, mine safety instructors, electrical inspectors and others employed by the West Virginia Office of Miners' Health, Safety and Training, as well as the West Virginia Division of Mining and Reclamation, and those of similar regulatory programs in other states and the federal government.
Whereas, The various employees of the West Virginia Office of Miners' Health, Safety and Training, as well as environmental inspectors employed by the West Virginia Department of Environmental Protection in the Division of Mining and Reclamation, perform functions that are important to ensure the safety of those who work in the mineral extraction industry within West Virginia; and
Whereas, The Division of Mining and Reclamation also performs critical inspections that are necessary to ensure protection of West Virginia's natural environment; and
Whereas, It is in the best interest of the State of West Virginia to ensure that all employees of the West Virginia Office of Miners' Health, Safety and Training and the Division of Mining and Reclamation are properly compensated in the execution of their duties at rates comparable to those with similar positions in other states and with the federal government; and
Whereas, High employee turnover rates that may occur within the West Virginia Office of Miners' Health, Safety and Training and the Division of Mining and Reclamation due to any disparity of pay rates with similar employee positions in other states and with the federal government may result in a regulatory staff within the West Virginia Office of Miners' Health, Safety and Training and the Division of Mining and Reclamation that is inexperienced; and
Whereas, Replacing many of these employees could be extremely difficult with high turnover and the inability to attract qualified, experienced personnel to the agencies; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study pay rates between mine inspectors, mine safety instructors, electrical inspectors and others employed by the West Virginia Office of Miners' Health, Safety and Training, as well as those employed by the Division of Mining and Reclamation, to those of similar regulatory programs in other states and the federal government; 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 Snyder, Unger, Helmick, Barnes, Deem and Plymale offered the following resolution:
Senate Concurrent Resolution No. 29--
Requesting the Governor's assistance in securing the future use of the MARC commuter train service in Jefferson and Berkeley counties .
Whereas, The MARC commuter train service to Washington, D. C. from Jefferson and Berkeley counties provides convenient and affordable transportation to some 550 West Virginia citizens each weekday; and
Whereas, Those West Virginia citizens employed in the Washington, D. C. area pay West Virginia payroll withholding taxes; and
Whereas, Those West Virginia citizens contribute approximately $40 million directly into the economy of Jefferson and Berkeley counties as well as the state as a whole; and
Whereas, The MARC commuter train service to Jefferson and Berkeley counties has been a valuable asset for economic health and development for those counties for the last two decades; and
Whereas, The MARC commuter train service to West Virginia has been subsidized by the Maryland taxpayers by the Maryland Road Fund; and
Whereas, The state of Maryland is experiencing significant budget problems and has required the Maryland Transit Administration to review its future subsidy for the MARC commuter train service into West Virginia; and
Whereas, The Maryland Transit Administration in February, 2009, added an extra fee to the West Virginia citizens boarding the MARC train in West Virginia, amounting to $2 per trip, $20 per week and $80 per month; and
Whereas, After the imposition of the additional West Virginia ticket fees, a significant number of West Virginia citizens have stopped boarding the train in West Virginia and the total expected revenue from the ticket increase will not meet revenue expectations for the Maryland Transit Administration; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Governor's assistance in securing the future use of the MARC commuter train service in Jefferson and Berkeley counties; and, be it
Further Resolved, That the West Virginia Division of Highways is to have the MARC commuter train service to Jefferson and Berkeley counties be made part of the statewide Intermodal Transportation Plan for West Virginia; and, be it
Further Resolved, That the West Virginia Department of Transportation is to seek all available state and federal funds for the preservation and continuation of the MARC commuter train service; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Governor and the Secretary of the Department of Transportation.

Which, under the rules, lies over one day.
Senators Green, Laird, Foster, Unger, Plymale, Barnes, Stollings, Jenkins, Chafin, Minard and Kessler offered the following resolution:
Senate Resolution No. 30--Designating March 16, 2009, as "Corrections Day".
Whereas, It is the mission of the West Virginia Division of Corrections to provide a safe, secure and humane correctional system for the public, staff and offenders; and
Whereas, The adult correctional population continues to expand and it is important for agency representatives and policymakers to appreciate the nature and magnitude of the growth; and
Whereas, West Virginia was ranked 34th in the nation in 2007, with an incarceration rate of 333 per 100,000 residents. Between 2000 and 2006, West Virginia had the fastest growing prison population in the nation; and
Whereas, Commitments to the Division of Corrections grew by 21.9 percent in 2007, resulting in 3,449 new inmates. Parole violators comprised a high of 14 percent of all new commitments in 2007; and
Whereas, In 2007, only 4.9 percent of all parole violators were returning due to the commission of a new crime and in 2006 75.9 percent of new admissions were for nonviolent crimes; and
Whereas, As of December 2007, West Virginia's correctional population was almost two and one-half times its size in 1995; and
Whereas, In 2007, property offenders comprised the largest group of inmates confined in the total prison population at 19.2 percent; and
Whereas, Between 2000 and 2004, 37.1 percent of inmates were released on parole compared to 51.5 percent between 2005 and 2007; and
Whereas, Over half of all inmates released in 2007 were granted parole, causing parole grant rates to increase by 9 percent between 2006 and 2007; and
Whereas, West Virginia's correctional population is forecasted to increase at an average annual growth rate of 5.6 percent over the next decade. According to the forecast, the Division of Corrections can expect to receive approximately 430 additional inmates per year; and
Whereas, The correctional population is expected to reach 8,530 inmates in 2012 and 10,304 in 2017; and
Whereas, The information provided in this resolution will assist public officials and agency representatives in planning for the future and developing policies for the management of the West Virginia correctional population as well as providing adequate pay, benefits and a safe workplace for the employees in the correctional system; therefore, be it
Resolved by the Senate:
That the Senate hereby designates March 16, 2009, as "Corrections Day"; and, be it
Further Resolved, That the Senate hereby recognizes the exceptional service and commitment of the employees of the Division of Corrections; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials of the Division of Corrections.
At the request of Senator Foster, 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 proceeded to the seventh order of business.
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.
The following amendment to the resolution, from the Committee on Economic Development, was reported by the Clerk and adopted:
On page two, in the fifth Whereas, after the word "States," by inserting the words "with American workers only,".
The question being on the adoption of the resolution (S. R. No. 24), as amended, the same was put and prevailed.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 344, Authorizing mental hygiene commissioners sign readmission orders.
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, Chafin, 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)--33.
The nays were: None.
Absent: Plymale--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. 344) 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. 445, Removing conservation supervisors' election certification requirements.
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, Chafin, 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)--33.
The nays were: None.
Absent: Plymale--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. 445) 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. 276, Imposing statute of limitations on certain real property civil actions.
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. 418, Relating to municipalities' fee requirements.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 466, Clarifying Division of Personnel's functions.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 487, Relating to Division of Personnel Director's qualifications.
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.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Bill No. 280, Creating Correctional Industries Act of 2009.
Senate Bill No. 302, Expanding municipal parking authority officers' ticketing powers.
Com. Sub. for Senate Bill No. 321, Modifying certificate of need process.
Com. Sub. for Senate Bill No. 384, Authorizing Department of Transportation take control of certain highway emergencies.
And,
Senate Bill No. 497, Relating to WV Partnership to Promote Community Well-Being.
The Senate proceeded to the eleventh order of business and the introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senator Deem.
On motion of Senator Chafin, a leave of absence for the day was granted Senator Plymale.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, March 17, 2009, at 11 a.m.
____________

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