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sdj-108th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

EXTENDED SESSION, 2009

ONE HUNDRED EIGHTH DAY

____________

Charleston, W. Va., Friday, May 29, 2009

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

     Prayer was offered by the Honorable Brooks F. McCabe, Jr., a senator from the seventeenth district.
     Pending the reading of the Journal of Thursday, May 28, 2009,
     On motion of Senator Green, 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 fourth order of business.
     Senator Stollings, from the Committee on Confirmations, submitted the following report, which was received:
     Your Committee on Confirmations has had under consideration
     Senate Executive Message No. 12, dated May 27, 2009, requesting confirmation by the Senate of the nominations mentioned therein. The following list of names from Executive Message No. 2 is submitted:
      1.  For Executive Officer, Center for Professional Development Board, Dr. Dixie Billheimer, Huntington, Cabell County, to serve at the will and pleasure of the Governor.
      2.  For Member, Broadband Deployment Council, Tony Sereda, Broadview Heights, Ohio, for the term ending December 12, 2011.
      3.  For Member, Consolidated Public Retirement Board, Andrew Richardson, Charleston, Kanawha County, for the term ending June 30, 2010.
      4.  For Member, Shepherd University Board of Governors, Dr. John Younis, Shepherdstown, Jefferson County, for the term ending June 30, 2012.
      5.  For Member, Shepherd University Board of Governors, Veronique Walker, Martinsburg, Berkeley County, for the term ending June 30, 2010.
      6.  For Member, Shepherd University Board of Governors, Lacy Rice III, Washington, D. C., for the term ending June 30, 2012.
      7.  For Member, Bluefield State College Board of Governors, Anne Taylor, Princeton, Mercer County, for the term ending June 30, 2012.
      8.  For Member, West Virginia University Institute of Technology Community and Technical College Board of Governors, The Honorable Mike Burdiss, Mullens, Wyoming County, for the term ending June 30, 2012.
      9.  For Member, Real Estate Appraiser Licensing and Certification Board, Dale Clowser, Charleston, Kanawha County, for the term ending June 30, 2010.
     10.  For Member, Real Estate Appraiser Licensing and Certification Board, Mary Beth Aliveto, Bridgeport, Harrison County, for the term ending June 30, 2010.
     11.  For Member, Pierpont Community and Technical College Board of Governors, Rick Pruitte, Fairmont, Marion County, for the term ending June 30, 2010.
     12.  For Member, Aeronautics Commission, Ben Mallory, South Charleston, Kanawha County, for the term ending June 30, 2012.
     13.  For Member, Aeronautics Commission, Eldon J. Haught, Smithville, Ritchie County, for the term ending June 30, 2012.
     14.  For Member, Board of Examiners of Psychologists, Reverend Jude Molnar, Fairmont, Marion County, for the term ending June 30, 2011.
     15.  For Member, Board of Examiners of Psychologists, Toni Parsons, Morgantown, Monongalia County, for the term ending June 30, 2011.
     16.  For Member, Board of Examiners of Psychologists, William Brezinski, Athens, Mercer County, for the term ending June 30, 2011.
     17.  For Member, Public Employees Grievance Board, Bill Bissett, Huntington, Cabell County, for the term ending June 30, 2010.
     18.  For Member, Racing Commission, Joe Smith, Charleston, Kanawha County, for the term ending April 1, 2012.
     19.  For Member, Racing Commission, Greg McDermott, Wheeling, Ohio County, for the term ending April 1, 2012.
     20.  For Member, Racing Commission, Jack Rossi, Charleston, Kanawha County, for the term ending April 1, 2012.
     21.  For Member, Contractor Licensing Board, The Honorable John Pino, Oak Hill, Fayette County, for the term ending June 30, 2009.
     22.  For Member, Probable Cause Review Board, Michael Kawash, Charleston, Kanawha County, for the term ending June 30, 2009.
     23.  For Member, Board of Examiners for Licensed Practical Nurses, Francine Kirby, Princeton, Mercer County, for the term ending June 30, 2012.
     24.  For Member, Board of Examiners for Licensed Practical Nurses, Orpha Swiger, Clarksburg, Harrison County, for the term ending June 30, 2012.
     25.  For Member, Board of Examiners for Licensed Practical Nurses, Ben Vincent, Heaters, Braxton County, for the term ending June 30, 2009.
     26.  For Member, Board of Examiners for Licensed Practical Nurses, Gregory Chiartas, Charleston, Kanawha County, for the term ending June 30, 2012.
     27. For Member, Board of Examiners for Licensed Practical Nurses, Vicki Jenkins, Martinsburg, Berkeley County, for the term ending June 30, 2013.
     28.  For Member, Board of Examiners for Licensed Practical Nurses, Vickie Sue Bennett, Belington, Barbour County, for the term ending June 30, 2011.
     And reports the same back with the recommendation that the Senate do advise and consent to all of the nominations listed above.
                              Respectfully submitted,
                               Ron Stollings,
                               Chair.
__________

     The time having arrived for the special order of business to consider the list of nominees for public office submitted by His Excellency, the Governor, the special order thereon was called by the President.
     Thereupon, Senator Tomblin (Mr. President) laid before the Senate the following executive message:
     Senate Executive Message No. 12, dated May 27, 2009 (shown in the Senate Journal of that day, pages 53 through 56, inclusive).
     Senator Stollings then moved that the Senate advise and consent to the executive nominations referred to in the foregoing report from the Committee on Confirmations.
     The question being on the adoption of the aforestated motion by Senator Stollings,
     The roll was then taken; and
     On this question, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Barnes--1.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the aforestated motion by Senator Stollings had prevailed.
__________

     Consideration of executive nominations having been concluded,
     Without objection, the Senate returned to the third order of business.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the reconsideration, amendment and passage as amended, by a vote of a majority of all the members elected to the House of Delegates, as a result of the objections of the Governor, of
     Enr. Com. Sub. for Com. Sub. for Senate Bill No. 239, Allowing majority vote for certain metro government approval.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the reconsideration, amendment and passage as amended, by a vote of a majority of all the members elected to the House of Delegates, as a result of the objections of the Governor, of
     Enr. Com. Sub. for Com. Sub. for Senate Bill No. 414, Creating Governor's Office of Health Enhancement and Lifestyle Planning.
     A message from The Clerk of the House of Delegates announced the amendment by that body in the reconsideration, passage as amended with its House of Delegates amended title, by a vote of a majority of all the members elected to the House of Delegates, of a bill disapproved and returned by the Governor with his objections, and requested the concurrence of the Senate in the House of Delegates amendment to the Senate amendments, as to
     Enr. Com. Sub. for Senate Bill No. 501, Prohibiting animal gas chamber euthanasia.
     On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendment to the Senate amendments to the bill was reported by the Clerk:
     By striking out the title and substituting therefor a new title, to read as follows:
     Enr. Com. Sub. for Senate Bill No. 501--An Act to amend and reenact §7-10-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §19-20-8 of said code; and to amend and reenact §30-10A-4, §30-10A-6 and §30-10A-8 of said code, all relating to euthanizing animals; prohibiting the euthanizing of animals by use of a gas chamber and providing an exception thereto; requiring all persons or entities performing animal euthanasia to register with the Board of Veterinary Medicine; allowing animal euthanasia technicians to administer sedatives and tranquilizers; and directing the Board of Veterinary Medicine to promulgate emergency rules.
     On motion of Senator Chafin, the Senate concurred in the foregoing House of Delegates amendment to the Senate amendments to the bill.
     Enrolled Committee Substitute for Senate Bill No. 501, as amended, was then put upon its passage.
     On the passage of the bill, the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
     The nays were: None.
     Absent: Barnes and Oliverio--2.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Enr. Com. Sub. for S. B. No. 501) passed with its House of Delegates amended title, as amended, as a result of the objections of the Governor.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the reconsideration, amendment and passage as amended, by a vote of a majority of all the members elected to the House of Delegates, as a result of the objections of the Governor, of
     Enr. Senate Bill No. 528, Relating to certain fees collected by county clerks.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the reconsideration, amendment and passage as amended, to take effect from passage, by a vote of a majority of all the members elected to the House of Delegates, as a result of the objections of the Governor, of
     Enr. Com. Sub. for Senate Bill No. 695, Relating to payment for certain state employees' unused sick leave.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the reconsideration, amendment and passage as amended, by a vote of a majority of all the members elected to the House of Delegates, as a result of the objections of the Governor, of
     Enr. Com. Sub. for Senate Bill No. 715, Establishing Chesapeake Bay Restoration Initiative.
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Saturday, May 30, 2009, at 11 a.m.
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