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Senate Journal


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sdj-38th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2009

THIRTY-EIGHTH DAY

____________

Charleston, W. Va., Friday, March 20, 2009

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

Prayer was offered by Dr. Stan Maynard, The Church in the Valley, Milton, West Virginia.
Pending the reading of the Journal of Thursday, March 19, 2009,
On motion of Senator Sypolt, 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.
On motion of Senator Chafin, the Senate recessed for five minutes to permit Anthony Sturm to address the Senate on behalf of the Frasure-Singleton Student Legislative Program.
Upon expiration of the recess, the Senate reconvened and 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. 2401--A Bill to amend and reenact §11-21-3 of the Code of West Virginia, 1931, as amended, relating to the expiration of the alternative minimum tax; and providing for the expiration of the alternative minimum tax for tax years beginning on and after January 1, 2010.
Referred to the Committee on Finance.
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. 2920--A Bill to repeal §61-11-20 of the Code of West Virginia, 1931, as amended, relating to crimes and their punishment; and eliminating the felony conviction for a second or subsequent conviction of petit larceny.
Referred 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. House Bill No. 2952--A Bill to amend and reenact §61-6-24 of the Code of West Virginia, 1931, as amended, relating to clarifying that a terroristic threat is a felony regardless of intent to actually commit the threatened act.
Referred 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. 2965--A Bill to amend and reenact §3-5-7 of the Code of West Virginia, 1931, as amended, relating to requiring candidates for the House of Delegates and the Senate to file their announcement of candidacies with the Secretary of State.
Referred to the Committee on the Judiciary.
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. 24--Declaring that the month of May be proclaimed as Lyme Disease Awareness Month beginning in 2009.
Referred to the Committee on Health and Human Resources.
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. 40--Celebrating the life and lamenting the death of Cecil H. Underwood, the youngest and oldest Governor of the State of West Virginia, former member and Minority Leader of the House of Delegates from the County of Tyler, longtime community leader, loving father and grandfather, devoted public servant, and a great asset to his State and country.
Referred to the Committee on Rules.
Executive Communications

The following communication from His Excellency, the Governor, was reported by the Clerk:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 19, 2009

Senate Executive Message No. 5
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
The following amends and replaces the "FY 2010 Official Estimate" "General Revenue Fund - Statement of Revenues by Source" which I submitted to you on February 11, 2009, as part of my Executive Budget Document for the fiscal year ending June 30, 2010:
General Revenue Fund

Statement of Revenues by Source

(Expressed in Thousands)

FY 2010
Official
Source of RevenueEstimate
Business and Occupation Tax
$136,500

Consumers Sales Tax1,144,000
1

Personal Income Tax1,522,000
2

Liquor Profit Transfers16,000
Racing Fees1,000
Beer Tax and Licenses8,650
Cigarette Tax108,500
Business Franchise Fees1,800
Property Transfer Tax10,300
Property Tax5,800
Insurance Tax108,000
Departmental Collections14,100
Corporate Income/Business Franchise Tax230,800
3

Miscellaneous Transfers700
Interest Income25,000
Severance Tax288,500
4

Miscellaneous Receipts5,150
5

Smokeless Tobacco Tax6,000
HB102 - Lottery Transfers127,900
Liquor License Renewal
17,300

Senior Citizen Tax Credit Reimbursement 10,000
Total
$ 3,788,000
6

1 Revised from$1,155,000to$1,144,000-Decrease of$11,000.
2 Revised from1,560,000to1,522,000-Decrease of38,000.
3 Revised from 243,300 to 230,800- Decrease of12,500.
4 Revised from 415,000 to 288,500- Decrease of
126,500.

5 Revised from 1,250 to 5,150- Increase of
3,900.

6 Revised from3,972,100 to 3,788,000- Decrease of
184,100.

The Consumers Sales and Use Tax collection estimate is revised downward by $11 million due to both lower than anticipated baseline collections in FY 2009 and a revised forecast of slower economic growth in 2009 and 2010. The Personal Income Tax collection estimate is revised downward by $38 million due to higher than anticipated employment losses in 2009 and reduced expectations for economic growth. The forecast of employment loss has widened from 1.1% to 2% in 2009. The Corporation Net Income Tax collection estimate is revised downward by $12.5 million due to reduced expectations for economic growth and business profits in 2009. The Severance Tax collection estimate is revised downward by $126.5 million due to a forecast of significantly lower energy prices and some additional reduction in output in 2009 and 2010. The global recession is leading to lower demand for energy products. The Miscellaneous Receipts collection estimate is revised upward by $3.9 million to capture a settlement payment reimbursement associated with the Energy Sales Tax Holiday in 2009.
The following amends and replaces the "Excess Lottery Fund - Statement of Revenues, Expenditures and Changes in Cash Balance" which I submitted to you on February 11, 2009, as part of my Executive Budget Document for the fiscal year ending June 30, 2010:

EXCESS LOTTERY FUND

Statement of Revenues, Expenditures and Changes in Cash Balance

(Nearest Dollar)


Balance at July 1, 2008$ 123,022,202
Less: Reserve for Cash Flow/Contingencies (2,900,000)
Unappropriated Surplus Balance at July 1, 2008$ 120,122,202
Less:
Recommended Supplemental Appropriations

(2009 Regular Session):
Administration - Enterprise Resource
Planning (ERP) (7,530,873)
Commerce-Development Office-

Economic Development Assistance/
Job Attraction/Retention (4,200,000)
Revenue-Rainy Day Fund (108,000,000)

Estimated Unappropriated Surplus Balance

from FY 2008 at June 30, 2009$ 391,329
Plus:
Revised Revenue Estimate FY 2009
$ 360,700,000

Less:
Catastrophic Event
(30,000,000)

Revenue Available for FY 2009 Appropriations
$ 330,700,000

Less:
Regular Appropriations FY 2009
(330,700,000)

Estimated Unappropriated Balance

from FY 2009 at June 30, 2009
$ -0-

Plus:
Revised Revenue Estimate FY 2010
342,118,000

Less:
Catastrophic Event
(29,179,157)

Less:
Additional Reserve for Cash Flow
(820,843)

Revised Revenue Available for FY 2010 Appropriations
$ 312,118,000

Less:
Regular Appropriations FY 2010
(312,118,000)

Estimated Unappropriated Balance
from FY 2010 at June 30, 2010
$ -0-

Estimated Unappropriated Balance at June 30, 2010
$ 391,329


After extensive review with the four state racetracks in early March, and in light of the recent economic indicators, the West Virginia Lottery has reduced the FY 2010 revenue estimate for the Excess Lottery Fund by $13.7 million. This revision will better align us with the forecasts of the racetracks themselves who are experiencing a downturn due to the economy and are projecting additional lost revenue due to increased competition in Pennsylvania.
Thank you for your cooperation in this matter.
Sincerely,
Joe Manchin III,
Governor.
In compliance with Article VI, Section 51 of the Constitution, the Senate consented to receive the foregoing amendments to the Budget Bill, which were referred to the Committee on Finance.
The Senate proceeded to the fourth order of business.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 57, Relating to certain school coaches' requirements.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 57 (originating in the Committee on Education)--A Bill
to amend and reenact §18-7A-38 of the Code of West Virginia, 1931, as amended; to amend and reenact §18A-3-1 of said code; and to amend and reenact §18A-3-2a of said code, all relating to education generally; excluding certain coaching employment from the calculation on the limit on the number of days a Teachers Retirement System retiree may be employed; eliminating United States citizenship as a condition of certification; certificates and permits to coach in public schools; removing certain limitation on such service under certain conditions; making technical corrections; and deleting obsolete language.
Senate Bill No. 123, Providing loan forgiveness program for nurses.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 123 (originating in the Committee on Education)--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18C-3-1a, relating to creating the Nursing Education Forgivable Loan Program; establishing eligibility requirements for loans; establishing loan forgiveness requirements; creating the Nursing Education Forgivable Loan Fund as a special revolving loan fund in the State Treasury; specifying fund sources and fund administration; and establishing program reporting requirements.
Senate Bill No. 304, Relating to Nurse Faculty Loan Program.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 304 (originating in the Committee on Education)--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18C-3-4, relating to providing state support for students and higher education institutions participating in the federal Nursing Faculty Loan program; creating the Graduate Nurse Faculty Loan Fund as a special revolving loan fund in the State Treasury; and establishing program reporting requirements.
And,
Senate Bill No. 638, Relating to higher education capital facilities.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 638 (originating in the Committee on Education)--A Bill
to repeal §18-23-1, §18-23-2, §18- 23-3, §18-23-4, §18-23-5, §18-23-13, §18-23-14, §18-23-15, §18-23- 18, §18-23-22, §18-23-23 and §18-23-24 of the Code of West Virginia, 1931, as amended; to repeal §18B-14-1, §18B-14-2, §18B- 14-3, §18B-14-4, §18B-14-5, §18B-14-5a, §18B-14-6 and §18B-14-7 of said code; to amend and reenact §5-6-4a of said code; to amend and reenact §18B-1B-4 of said code; to amend and reenact §18B-2A-4 of said code; to amend and reenact §18B-2B-6 of said code; to amend and reenact §18B-4-6 of said code; to amend and reenact §18B-5-4 of said code; to amend and reenact §18B-10-8 of said code; to amend said code by adding thereto a new article, designated §18B-19-1, §18B-19-2, §18B-19-3, §18B-19-4, §18B-19-5, §18B-19-6, §18B-19-7, §18B-19-8, §18B-19-9, §18B-19-10, §18B-19-11, §18B-19-12, §18B-19- 13, §18B-19-14, §18B-19-15, §18B-19-16, §18B-19-17 and §18B-19-18; and to amend and reenact §29-22-18 of said code, all relating to higher education capital facilities; capital project planning, financing, management and maintenance; acquisition, sale, transfer, exchange, lease, conveyance and condemnation of real property; construction and operation of capital facilities; collection and use of certain capital fees; establishing in the State Treasury a special revenue fund known as the Higher Education Policy Commission Capital Improvement Fund; directing the use of certain lottery proceeds; establishing in the State Treasury a capital maintenance fund for each state institution of higher education; legislative intent; defining terms; systemwide facilities planning; and institution facilities planning.
With the recommendation that the four committee substitutes do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of Committee Substitute for Senate Bill No. 57 contained in the foregoing report from the Committee on Education.
The bills (Com. Sub. for S. B. Nos. 123, 304 and 638), under the original double committee references, were then referred to the Committee on Finance.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 249 (originating in the Committee on Education), Relating to annual school calendar.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 249 (originating in the Committee on Finance)--A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as amended; to amend and reenact §18-5A-5 of said code; and to amend and reenact §18A-4-8 of said code, all relating to the annual school calendar; eliminating instructional support and enhancement days; eliminating the earliest starting date and the latest ending date for the instructional term; requiring the first half of the instructional term to end on or before December 23; requiring at least three of certain noninstructional days be scheduled prior to the beginning of the instructional term; clarifying that the seven holidays included as noninstructional days are days that must occur during the employment term; requiring all six out-of-school environment days be scheduled after February 1; changing the earliest dates a county can use noninstructional days and accrued instructional time to make up canceled instructional days; requiring uniform method of cancellation notification; providing that certain cancelled instructional days be considered a nonpaid, out-of-calendar day and requiring those days to be rescheduled; providing for faculty senate meetings during specified months; and allowing the 43-week limit to be extended under certain conditions.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
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. 293, Creating felony offense of unauthorized practice of certain health care professions.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 293 (originating in the Committee on the Judiciary)--A Bill
to amend and reenact §30-3-13 of the Code of West Virginia, 1931, as amended, relating to unauthorized practice of medicine and surgery or podiatry or as a physician assistant; criminal penalties; reducing the amount of fine for a person practicing on an expired, lapsed or terminated license for less than ninety days; specifying as a felony the unauthorized practice of medicine and surgery or podiatry or as a physician assistant in all other instances; and providing for enhanced criminal penalties where serious bodily injury results from such unauthorized practice.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 328, Creating WV Transportation Infrastructure Bank.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 328 (originating in the Committee on Finance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §31-15D-1, §31-15D-2, §31-15D-3, §31-15D-4, §31-15D-5, §31-15D-6, §31-15D-7, §31-15D-8, §31-15D-9 and §31-15D-10, all relating to establishment of the West Virginia Transportation Finance Commission; definitions; creating a governing board of the commission; appointment, terms, qualifications, compensation and expenses of board members; powers and duties of the commission; creating the West Virginia Transportation Finance Commission Fund; deposits and capitalization; disbursements; subaccounts; requirements for loans and other financial assistance from the commission; requirements for applications for loans and other financial assistance and for approval of qualified projects; finance agreements; payments and repayments of loans; withholding of defaulted payments from funds allotted or payable to a defaulting government unit; annual reports to Governor and Legislature; annual audits of the commission; and assistance of the Department of Transportation to the board.
And,
Senate Bill No. 382, Adjusting State Rail Authority's contract authority.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 382 (originating in the Committee on Finance)--A Bill to amend and reenact §29-18-6 of the Code of West Virginia, 1931, as amended, relating to the amount of expenditure for rolling stock.
With the recommendation that the two committee substitutes do pass.
Respectfully submitted,
Walt Helmick,
Chair.
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. 379, Clarifying pharmacists and pharmacies as health care providers.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 379 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §55-7B-2 of the Code of West Virginia, 1931, as amended, relating to including licensed pharmacists and pharmacies as health care providers under the provisions of the Medical Professional Liability Act; and clarifying effective date of amendments.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 404 (originating in the Committee on Government Organization), Creating sesquicentennial commission and fund.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 404 (originating in the Committee on Finance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-13-1, §4-13-2, §4-13-3, §4-13-4, §4-13-5, §4-13-6 and §4-13-7, all relating to establishing the West Virginia Sesquicentennial Commission and a fund for commission expenses; membership; meetings; reimbursement of expenses; powers and duties of the commission; and termination of the commission.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 414, Creating patient-centered medical homes pilot projects.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 414 (originating in the Committee on Health and Human Resources)--A Bill to repeal §5-16-7b of the Code of West Virginia, 1931, as amended;
to repeal §5-16C-1, §5-16C-2, §5-16C-3, §5-16C-4, §5-16C-5, §5-16C-6, §5-16C-7, §5-16C-8, §5-16C-9 and §5-16C-10 of said code; to repeal §5A-3-1a of said code; to repeal §5A-3C-1, §5A-3C-2, §5A-3C-3, §5A-3C-4, §5A-3C-5, §5A-3C-6, §5A-3C-7, §5A-3C-8, §5A-3C-9, §5A-3C-10, §5A-3C-11, §5A-3C-12, §5A-3C-13, §5A-3C-14, §5A-3C-15, §5A-3C-16 and §5A-3C-17 of said code; to amend and reenact §5F-2-5 of said code; to amend and reenact §16-2J-2 of said code; to amend said code by adding thereto a new article, designated §16-2L-1, §16-2L-2, §16-2L-3, §16-2L-4 and §16-2L-5; to amend and reenact §16-29H-1, §16-29H-2, §16-29H-3, §16-29H-4 and §16-29H-5 of said code; and to amend said code by adding thereto sixteen new sections, designated §16-29H-6, §16-29H-7, §16-29H-8, §16-29H-9, §16-29H-10, §16-29H-11, §16-29H-12, §16-29H-13, §16-29H-14, §16- 29H-15, §16-29H-16, §16-29H-17, §16-29H-18, §16-29H-19, §16-29H-20 and §16-29H-21, all relating generally to the creation of the Governor's Office of Health Enhancement and Lifestyle Planning; setting forth legislative findings; setting forth the powers and duties of the office; transferring the powers and duties of the Pharmaceutical Cost Management Council to the office; creating the position of director; setting forth the qualifications of the director; setting forth the powers and duties of the director; providing for staff; requiring the development of a five-year strategic plan; providing for legislative rule-making authority; providing for coordination with various state agencies, departments, boards, bureaus and commissions; requiring reporting to the Governor and the Legislature; establishing pilot projects for patient-centered medical homes; setting forth legislative findings; defining terms; evaluating existing medical home pilot programs; establishing criteria for pilot projects for patient- centered medical homes; defining four types of pilot projects; setting forth evaluation criteria; and granting rule-making authority.
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,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 414) contained in the preceding report from the Committee on Health and Human Resources was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
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. 421, Modifying child custody and support order due to military service.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 421 (originating in the Committee on Military)--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §48-9-404, relating to prohibiting the modification of a parenting plan because a parent is called to active military service; providing for temporary orders; reinstating the parenting plan upon return of the service member parent; and moving permanently by the service member parent not included.
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,
Erik P. Wells,
Chair.
The bill (Com. Sub. for S. B. No. 421), under the original double committee reference, was then referred to the Committee on the Judiciary.
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. 453, Relating to Public Service Commission service of decisions.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 453 (originating in the Committee on the Judiciary)--A Bill
to amend and reenact §24-1-9 of the Code of West Virginia, 1931, as amended, relating to the Public Service Commission; recommended decisions by hearing commissioner, examiner or panel; service of decisions on parties, including by electronic transmission; and removing antiquated language.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 485, Requiring certain students undergo dental examination.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 485 (originating in the Committee on Health and Human Resources)--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-3-4a; and to amend and reenact §18-28-6 of said code, all relating to requiring all children who enter a public or private school for the first time, whether it be in kindergarten or first grade, to provide adequate proof of having undergone a dental examination by a licensed dentist.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Education.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 485) contained in the preceding report from the Committee on Health and Human Resources was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Education.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 493, Transferring central registry for head injuries to Center for Excellence in Disabilities.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
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. 549, Creating Creative Communities Development Pilot Program.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 549 (originating in the Committee on Economic Development)--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2H-1, §5B-2H-2, §5B-2H-3, §5B-2H-4, §5B-2H-5, §5B- 2H-6, §5B-2H-7, §5B-2H-8, §5B-2H-9, §5B-2H-10 and §5B-2H-11, all relating to the Creative Communities Development Pilot Program; pronouncing legislative finding and intent; creating the Creative Communities Development Fund; establishing the Creative Communities Development Board; providing requirements for applications for the use of matching funds from the Creative Communities Development Fund; providing for review of applications by the West Virginia Development Office; establishing that the Creative Communities Development Board shall have the authority to approve matching grants from Creative Communities Development Fund; establishing matching requirements from applicants; establishing eligible expenditures; defining parameters of agreement between West Virginia Development Office and a community for use of grant funds; providing for a review and audit of expenditures by West Virginia Development Office; and providing for review of Creative Communities Development Pilot Program.
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,
Richard Browning,
Chair.
The bill (Com. Sub. for S. B. No. 549), under the original double committee reference, was then referred to the Committee on Finance.
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. 610, Relating to Film Industry Investment Act.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Richard Browning,
Chair.
The bill, under the original double committee reference, was then referred 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 Senators Tomblin (Mr. President), Snyder, Williams, Plymale, McCabe and Unger:
Senate Bill No. 649--A Bill to amend and reenact §4-8-1 of the Code of West Virginia, 1931, as amended, relating to adding members to the Capitol Building Commission.
Referred to the Committee on Government Organization.
By Senators Jenkins, Plymale and Kessler:
Senate Bill No. 650--A Bill to amend and reenact §61-11-6 of the Code of West Virginia, 1931, as amended, relating to increasing the penalty for accessory after the fact to certain crimes to a felony; establishing penalty; and creating exceptions.
Referred to the Committee on the Judiciary.
By Senators Chafin, Jenkins, Plymale and Unger:
Senate Bill No. 651--A Bill to amend and reenact §18A-4-1 and §18A-4-2 of the Code of West Virginia, 1931, as amended, all relating to state minimum salary schedules; and additional definitions.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Wells and Plymale:
Senate Bill No. 652--A Bill to amend and reenact §18A-3-2b of the Code of West Virginia, 1931, as amended, relating to teacher induction; teacher mentor stipend; enforcement of teacher mentor provisions; teacher mentor selection; limited authority to select teacher from a different school; and summer academy for beginning teachers.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Kessler:
Senate Bill No. 653--A Bill to amend and reenact §48-10-203 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §48-10-204, all relating to creating visitation rights for certain great- grandparents; and defining "grandchild".
Referred to the Committee on the Judiciary.
By Senator Laird:
Senate Bill No. 654--A Bill to amend and reenact §62-11A-1a of the Code of West Virginia, 1931, as amended, relating to prohibiting any sentencing judge or magistrate from establishing, supervising, directing or managing a work release program or other alternative sentencing program.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Chafin:
Senate Bill No. 655--A Bill to amend and reenact §24D-1-9 of the Code of West Virginia, 1931, as amended, relating to providing jurisdiction for the Public Service Commission to require the removal of certain types of television cable by a cable television operator at no cost to the state, county or municipality.
Referred to the Committee on the Judiciary.
By Senator Chafin:
Senate Bill No. 656--A Bill to authorize and empower the county commission of Mercer County to appoint an emergency operations center board to oversee the operation of the enhanced emergency telephone system serving Mercer County.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Kessler, Plymale, Unger and Chafin:
Senate Bill No. 657--A Bill to amend and reenact §61-6-24 of the Code of West Virginia, 1931, as amended, relating to clarifying that a terroristic threat is a felony regardless of intent to actually commit the threatened act.
Referred to the Committee on the Judiciary.
By Senators Helmick, Minard, Unger and Chafin:
Senate Bill No. 658--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §12-3A-4a, relating to authorizing the Auditor and Treasurer to contract for emergency banking services in the event of financial crisis affecting the current provider.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senators Minard, Jenkins and Chafin:
Senate Bill No. 659--A Bill to amend and reenact §33-16-3a of the Code of West Virginia, 1931, as amended, relating to mental health parity; providing that actual increases in costs determine whether cost-containment measures may be applied; and removing certain provisions regarding small groups.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senators Caruth, Guills, Unger and Chafin:
Senate Bill No. 660--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §17-16A-11a and §17-16A-22a; and to amend and reenact §17-16A-18 and §17-16A-26 of said code, all relating to the West Virginia Parkways Authority; requiring an annual legislative audit of the Parkways Authority; requiring the Parkways Authority to provide certain information concerning its activities; terminating tolls on the West Virginia Turnpike no later than 2020; prohibiting the West Virginia Parkways Authority from issuing any additional revenue bonds; and requiring the West Virginia Parkways Authority to pay all indebtedness on schedule without extending or renewing the debt.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Caruth, Jenkins, McCabe, Barnes, Guills, Williams, K. Facemyer, Hall, Boley and Sypolt:
Senate Bill No. 661--A Bill to amend and reenact §23-4-2 of the Code of West Virginia, 1931, as amended, relating to disbursement where injury is self-inflicted or intentionally caused by the employer.
Referred to the Committee on the Judiciary.
By Senator Yost:
Senate Bill No. 662--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting all military retirement income from state income tax.
Referred to the Committee on Military; and then to the Committee on Finance.
Senator Chafin offered the following resolution:
Senate Concurrent Resolution No. 34--
Requesting the Division of Highways name the portion of U. S. 52 from Taylorville Bridge to the intersection of State Route 44 in Mingo County the "R. A. West Memorial Highway".
Whereas, R. A. West was born on March 12, 1947, in the town of Varney, Mingo County; and
Whereas, R. A. West married Marsha Lowe of Williamson, Mingo County. He took a position as fireman with the Norfolk and Western Railroad and soon thereafter became the youngest person to be promoted to the position of engineer; and
Whereas, At the age of 22, R. A. West, despite the fact that his first-born son was paralyzed due to injury at birth and was confined to a wheelchair, was driven by his religious convictions to heed the call to the evangelical ministry and resigned his job with the railroad, forfeiting his job-related medical benefits while large medical bills associated with the condition of his son continued to mount, thereby evidencing his unshakable religious faith; and
Whereas, R. A. West began proselytizing and, due to his unquestioning faith and religious fervor, was never content with evangelizing solely on Sundays. Instead, he evangelized an average of 300 times each year, continuing this amazingly torrid pace for the first 15 years of his ministry; and
Whereas, R. A. West Ministry expanded into radio and television throughout the United States and into 80 foreign countries, spreading a constructive and positive message to millions of human beings throughout the planet; and
Whereas, In spite of his national and world acclaim, R. A. West never abandoned nor distanced himself from his humble origins, nor from his beloved Varney, West Virginia, nor from his family, friends and parishioners; and
Whereas, R. A. West, as a direct result of his good and fruitful works, became one of the most respected unofficial ambassadors of West Virginia, a fact which was commemorated by former Governor Jay Rockefeller, among other prominent notables; and
Whereas, Sadly, R. A. West was suddenly and unexpectedly taken to his reward on July 6, 2002, when his earthly existence was terminated as the result of a motorcycle accident; this event resulted in the largest funeral ever conducted in southern West Virginia, drawing approximately 2,000 persons from all over the United States who gathered to pay their last respects; and
Whereas, The residents of Varney, Mingo County, as well as people from all over the United States and in the foreign countries where Reverend West's message of peace, love and faith was broadcast, shall never forget his towering spirit and his dedicated fervor in sharing his religious faith; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the portion of U. S. 52 from Taylorville Bridge to the intersection of State Route 44 in Mingo County the "R. A. West Memorial Highway"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the highway as the "R. A. West Memorial Highway"; 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 to the family of the Reverend R. A. West.

Which, under the rules, lies over one day.
Senator Chafin offered the following resolution:
Senate Concurrent Resolution No. 35--
Requesting the Division of Highways name bridge number 28-10-0.51 (4181) on State Route 10 in Mercer County the "Staff Sergeant Stanley Brian Reynolds Memorial Bridge".
Whereas, Staff Sergeant Stanley Brian Reynolds was born on July 18, 1970, in Baltimore, Maryland, to Sandra Shrewsbury Reynolds of Lashmeet and Bernard Reynolds; and
Whereas, Staff Sergeant Stanley Brian Reynolds spent a large part of his formative years in the hills of West Virginia and was instilled with the values of family, community, freedom and liberty; and
Whereas, Staff Sergeant Stanley Brian Reynolds enlisted with the United States Army in 2002 and soon became a member of Bravo Company 4-123 Aviation Company (Sugar Bears) and served his first tour of duty in Iraq from January to December 2005; and
Whereas, Staff Sergeant Stanley Brian Reynolds was transferred to the 1st Battalion, 52nd Aviation Regiment Task Force Dragon 49, when he began his second tour of Iraq; and
Whereas, Staff Sergeant Stanley Brian Reynolds served with distinction in the military as a graduate of the Warrior Leaders Course and was a recipient of the Army Commendation Medal, Navy- Marine Corps Commendation Medal, National Defense Medal, Global War of Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Overseas Ribbon, Noncommissioned Officers Professional Development Ribbon and Aviation Crewman Badge; and
Whereas, Staff Sergeant Stanley Brian Reynolds was also awarded a Bronze Star for his exemplary service in Iraq; and
Whereas, While faithfully executing his duties to his community, state and nation, Staff Sergeant Stanley Brian Reynolds passed away on August 14, 2007, at Al Taqqadum, Iraq, as a result of injuries received when his CH-47 Chinook helicopter crashed; and
Whereas, Having honorably served in the United States Army and having given the ultimate sacrifice for his country, his state and fellow man, we are compelled to ensure that future generations are aware of Staff Sergeant Stanley Brian Reynold's commitment to the cause of freedom; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 28-10-0.51 (4181) on State Route 10 in Mercer County the "Staff Sergeant Stanley Brian Reynolds Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Staff Sergeant Stanley Brian Reynolds Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the family of Staff Sergeant Stanley Brian Reynolds and the Secretary of the Department of Transportation.
Which, under the rules, lies over one day.
Senators Plymale, Minard, Jenkins, White, Williams, Wells, Boley, Guills, Stollings, McCabe, Unger and Chafin offered the following resolution:
Senate Resolution No. 35--Honoring John Joseph Kenneth Cole for his dedication and service in the field of education in the State of West Virginia.
Whereas, John Joseph Kenneth Cole is the son of Burhl and Billie Cole of Fairmont, West Virginia; and
Whereas, John Joseph Kenneth Cole was raised in Fairmont, West Virginia, where he attended public schools and ran for a seat on his local school board at the age of 19; and
Whereas, John Joseph Kenneth Cole earned two bachelor's degrees in political science and history and graduated with honors from West Virginia University; and
Whereas, John Joseph Kenneth Cole is currently serving as Interim Chief of Staff to the Interim President of West Virginia University; and
Whereas, John Joseph Kenneth Cole was a cocreator of the Office of Service Learning at West Virginia University; and
Whereas, John Joseph Kenneth Cole was a member of Mountain Honorary at West Virginia University; and
Whereas, John Joseph Kenneth Cole was awarded the prestigious Truman Scholarship for public service as a junior student at West Virginia University; and
Whereas, John Joseph Kenneth Cole earned his master's degree at Ohio State University and is pursuing his doctorate degree in education and public policy at the University of Michigan; and
Whereas, John Joseph Kenneth Cole has been a loyal, diligent and tireless worker in various positions in state and local government and the private sector, striving for the advancement of education in West Virginia; therefore, be it
Resolved by the Senate:
That the Senate hereby honors John Joseph Kenneth Cole for his dedication and service in the field of education in the State of West Virginia; and, be it
Further Resolved, That the Senate extends its best wishes to John Joseph Kenneth Cole for continued success and wishes him luck on any future endeavors he may choose to pursue; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to John Joseph Kenneth Cole.

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.
Thereafter, at the request of Senator Prezioso, and by unanimous consent, the remarks by Senator Plymale regarding the adoption of Senate Resolution No. 35 were ordered printed in the Appendix to the Journal.
Senators Plymale, Minard, Prezioso, Jenkins, White, Williams, Foster, Wells, Boley, Guills, Edgell, Stollings, McCabe, Unger, Tomblin (Mr. President), Palumbo and Chafin offered the following resolution:
Senate Resolution No. 36--Designating March 20, 2009, as "Higher Education Day" at the Legislature.
Whereas, The foundation of any society's success is the degree to which its citizens are educated; and
Whereas, The citizens of West Virginia are committed to supporting higher education; and

Whereas, West Virginia's colleges and universities increase the knowledge base of West Virginia's students, as well as those from other states; and
Whereas, West Virginia's education system will help students achieve their education goals and meet the workforce needs of West Virginia and the United States; and
Whereas, Not only does the education system contribute to the economic vitality of the state, but it enriches the culture and life of all communities and regions within the state and outside its boundaries; and
Whereas, West Virginia's colleges and universities advance the development of technology, partner in business and industry, conduct ground-breaking research and improve lives through advanced health care; and
Whereas, Through the services of outstanding faculty, staff, administration and executive leadership, West Virginia's colleges and universities have developed student-centered programs and curriculums; therefore, be it
Resolved by the Senate:
That the Senate hereby designates March 20, 2009, as "Higher Education Day" at the Legislature; and, be it
Further Resolved, That the Senate recognizes the commitment to excellence the leaders of our colleges and universities have demonstrated; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Chancellor of the West Virginia Higher Education Policy Commission, the Chancellor of the West Virginia Council for Community and Technical College Education, the Executive Director of the West Virginia Independent Colleges and Universities, Inc., and to each of the presidents of West Virginia's independent and public colleges and universities.

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.
Thereafter, at the request of Senator Prezioso, and by unanimous consent, the remarks by Senator Plymale regarding the adoption of Senate Resolution No. 36 were ordered printed in the Appendix to the Journal.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Senators Plymale, Minard, Prezioso, Jenkins, White, Williams, Foster, Wells, Boley, Guills, Stollings, McCabe, Unger, Palumbo and Chafin offered the following resolution:
Senate Resolution No. 37--Honoring Dr. C. Peter Magrath, Interim President of West Virginia University, for his leadership, dedication and service.
Whereas, Dr. C. Peter Magrath has served as Interim President at West Virginia University since August 1, 2008; and
Whereas, Dr. C. Peter Magrath earned his bachelor's degree from the University of New Hampshire and Ph. D. from Cornell University; and
Whereas, Dr. C. Peter Magrath is a nationally respected figure in the higher education community; and
Whereas, From 1992 through 2005, Dr. C. Peter Magrath served as president of the National Association of State Universities and Land-Grant Colleges; and
Whereas, Dr. C. Peter Magrath served as president of three public universities; and
Whereas, Dr. C. Peter Magrath authored numerous books, monographs and articles on American constitutional law and history, higher education and international affairs; and
Whereas, Dr. C. Peter Magrath, during his short tenure as Interim President of West Virginia University, led the charge to put West Virginia University in the upper echelon of higher education institutions; and
Whereas, Dr. C. Peter Magrath laid the groundwork that will benefit future presidents of West Virginia University; and
Whereas, Dr. C. Peter Magrath is a distinguished leader and shining example for the people of West Virginia; therefore, be it
Resolved by the Senate:
That the Senate hereby honors Dr. C. Peter Magrath, Interim President of West Virginia University, for his leadership, dedication and service; and, be it
Further Resolved, That the Senate extends its best wishes to Dr. C. Peter Magrath for continued success and wishes him luck on any future endeavors he may choose to pursue; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Dr. C. Peter Magrath.

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.
Thereafter, at the request of Senator Prezioso, and by unanimous consent, the remarks by Senator Plymale regarding the adoption of Senate Resolution No. 37 were ordered printed in the Appendix to the Journal.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and, at the request of Senator Chafin, unanimous consent being granted, returned to the fourth order of business.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Concurrent Resolution No. 36 (originating in the Committee on Education)--
Requesting the Joint Committee on Government and Finance create a joint interim committee to study various higher education personnel administration and flexibility issues.
Whereas, The Legislature directed the staff of the Higher Education Policy Commission and the Council for Community and Technical College Education in Enrolled Committee Substitute for Senate Bill
No. 603, passed during the regular session of the West Virginia Legislature, 2005, to conduct a three-year study of various issues related to higher education personnel administration and compensation and to make recommendations for changes in law, rule and practice to the Legislative Oversight Commission on Education Accountability; and
Whereas, The final report to the Legislative Oversight Commission on Education Accountability contained numerous recommendations including naming several topics that need to receive further study; and
Whereas, The issues identified as needing further study, including internal hiring practices, reductions in force and outsourcing, are important issues affecting higher education employees; and
Whereas, The Legislature gave Marshall University and West Virginia University, but not other state institutions of higher education, certain additional flexibility in Enrolled Committee Substitute for Senate Bill No. 603; and
Whereas, The Legislature recognizes that because of the importance of higher education to West Virginia's future, a broad-based public policy discussion needs to occur before state leaders make determinations regarding appropriate personnel administration and compensation policies in order to achieve the greatest good for state institutions of higher education, their employees and the people 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 create a joint interim committee to study various higher education personnel administration and flexibility issues; and, be it
Further Resolved, That the committee shall consist of
members of the Senate and House of Delegates for the purposes of considering recommendations resulting from the study mandated by Enrolled Committee Substitute for Senate Bill No. 603 and making a specific and detailed analysis of certain other higher education personnel and flexibility issues; and, be it
Further Resolved, That the
committee shall consist of the following members:
(1)
The President of the Senate or designee;

(2)The Speaker of the House of Delegates or designee; (3)The chairs of the Senate and House of Delegates Committees on Education, who shall cochair the committee;
(4)The chairs of the Senate and House of Delegates Committees on Finance or their designees;
(5)The chairs of the Senate and House of Delegates Committees on Government Organization or their designees;
(6)Two members each from the Senate Committees on Finance and Education, appointed by the President of the Senate; and
(7)Two members each from the House of Delegates Committees on Finance and Education, appointed by the Speaker of the House;
and, be it
Further Resolved, That the committee shall examine issues related to employee compensation, classification and job evaluation methodologies; and, be it
Further Resolved, That the committee shall examine internal hiring practices, including statutory preference given to current employees; a fair and rational policy for making reductions in force when necessary; and the relative costs and benefits of outsourcing certain services to external contractors; and, be it
Further Resolved, That the committee shall examine whether the additional flexibility provided to Marshall University and West Virginia University in
Enrolled Committee Substitute for Senate Bill No. 603 should be extended to other state institutions of higher education; and, be it
Further Resolved, That the committee report to the Joint Committee on Government and Finance and the Legislative Oversight Commission on Education Accountability by the first day of January, 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; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the chancellors of the Higher Education Policy Commission and the Council for Community and Technical College Education for distribution to each member thereof.

And reports the same back with the recommendation that it be adopted; but with the further recommendation that it first be referred to the Committee on Rules.
Respectfully submitted,
Robert H. Plymale,
Chair.
On motion of Senator Plymale, the resolution (S. C. R. No. 36) contained in the foregoing report from the Committee on Education was then referred to the Committee on Rules.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 33, Requesting Joint Committee on Government and Finance study new correctional officers' retirement system.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Pensions; and then to the Committee on Rules.
House Concurrent Resolution No. 23, The "Corporal Alfred E. Collins Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.

At the request of Senator Chafin, unanimous consent being granted, the resolution was laid over one day, retaining its place on the calendar.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 279,
Relating to industrial accidents and emergency response regulations.
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: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Barnes, K. Facemyer and McCabe--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 Com. Sub. for S. B. No. 279) 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.
Senate Bill No. 12, Allowing 2-year motorcycle registration period.
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. 75, Establishing alcohol use by minors as juvenile delinquent offense.
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. 256, Providing additional requirements for certain property annexation.
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. 261, Mandating party executive committees submit certain nominees 70 days before election.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 335, Authorizing Division of Culture and History distribute fairs and festivals' funding.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 476, Relating to "financial institution" definition.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 503, Defining "sound financial condition".
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 521, Including telecommunications devices as jail contraband.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 581, Permitting certain minor blood donations with parental consent.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Senate Bill No. 594, Requiring monthly fund installments to Courtesy Patrol.
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. 244, Relating to public employees' reemployment after retirement.
Senate Bill No. 399, Creating senior resident hunting, fishing and trapping license.
Senate Bill No. 424, Converting financial institution to state-chartered bank.
Senate Bill No. 464, Authorizing Public Employees Insurance Agency charge fee for paper transactions.
Senate Bill No. 468, Requiring redemption property purchaser pay in certified funds.
Com. Sub. for Senate Bill No. 489, Allowing Board of Banking and Financial Institutions receive travel expense compensation.
Senate Bill No. 494, Authorizing Insurance Commissioner order restitution in certain cases.
Com. Sub. for Senate Bill No. 501, Prohibiting animal gas chamber euthanasia.
Com. Sub. for Senate Bill No. 526, Relating to osteopathy post-doctoral training requirements.
Senate Bill No. 528, Depositing certain fees in counties' general funds.
Com. Sub. for Senate Bill No. 535, Authorizing municipalities and county commissions set closing time for certain bars.
Com. Sub. for Senate Bill No. 540, Clarifying certain Tax Commissioner's authorities.
Senate Bill No. 572, Repealing section creating Public Employee Leave Benefit Analysis Board.
Senate Bill No. 587, Repealing section creating State Personnel Advisory Council.
Senate Bill No. 588, Repealing section creating Public Insurance Agency Advisory Board.
Com. Sub. for Senate Bill No. 591, Electing magistrates by divisions.
Senate Bill No. 647, Authorizing Class IV cities' early voting by mail.
And,
Senate Bill No. 648, Requiring manual vote counting in certain counties.
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 Senators Prezioso, Caruth and Chafin.
The Senate proceeded to the thirteenth order of business.
Senator Kessler called attention to today being the birthday of the senator from Wood and on behalf of the Senate extended felicitations and good wishes to Senator Deem, with Senator Kessler leading the members in singing "Happy Birthday".
At the request of Senator Caruth, and by unanimous consent, the Senate returned to the eleventh order of business and the introduction of guests.
On motion of Senator Chafin, leaves of absence for the day were granted Senators Barnes, K. Facemyer and McCabe.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until Monday, March 23, 2009, at 11 a.m.
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