sdj-30th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2010
THIRTIETH DAY
____________
Charleston, W. Va., Thursday, February 11, 2010
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Kevin West, Associate
Pastor, Christ Temple Church, Huntington, West Virginia.
Pending the reading of the Journal of Wednesday, February 10,
2010,
On motion of Senator Laird, 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.
Senator Tomblin (Mr. President) presented a communication from
the Court of Claims, submitting its annual report, in accordance
with chapter fourteen, article two, section twenty-five of the code
of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Joint Committee on Government and Finance, submitting its
annual interim studies report as required by chapter four, article
three, section three of the code of West Virginia.
Which report was received and filed with the Clerk.
The Senate 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. 2773--A Bill to amend and
reenact §16-9A-2 and §16-9A-3 of the Code of West Virginia, 1931,
as amended, all relating to prohibited access and usage of tobacco
products by minors; increasing the monetary penalties for selling
tobacco products to minors; providing that the sale or furnishing
of tobacco products to minors may constitute grounds for dismissal
as an act of misconduct; clarifying the impact of such a dismissal
on the discharged employees' eligibility to receive unemployment
benefits; and increasing the monetary penalties for minors
possessing tobacco products.
Referred to the Committee on the Judiciary; and then 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. Com. Sub. for House Bill No. 4128--A Bill to repeal §33-
34-11 of the Code of West Virginia, 1931, as amended; to repeal
§33-34A-1, §33-34A-2, §33-34A-3, §33-34A-4, §33-34A-5, §33-34A-6,
§33-34A-7 and §33-34A-8 of said code; to amend and reenact §33-34-3
and §33-34-4 of said code; and to further amend said article by
adding thereto a new section, designated §33-34-3a, all relating to insurance companies deemed to be in hazardous financial condition;
deleting severability provisions; providing for consideration of
impact on creditors; revising standards and authority for the
Insurance Commissioner's identification of companies in potentially
hazardous condition; providing for additional remedies; removing
requirement of hearing prior to order of supervision; requiring a
prompt hearing; and revising confidentiality provisions.
Referred to the Committee on Banking and Insurance.
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. 4134--A Bill to repeal §5-
1D-11, of the Code of West Virginia, 1931, as amended; to repeal
§5-10D-8 of said code; to repeal §5-11-21 of said code; to repeal
§5-14-12 of said code; to repeal §5-16-4a and §5-16-27 of said
code; to repeal §5-16B-4a of said code; to repeal §5-16C-10 of said
code; to repeal §5-20-1, §5-20-2, §5-20-3, §5-20-4, §5-20-5, §5-20-
6, §5-20-7, §5-20-8, and §5-20-9 of said code; to repeal §5-22A-15
of said code; to repeal §5-26A-6 of said code; to repeal §5-28-4 of
said code; to repeal §5A-3-57 of said code; to repeal §5A-8-15a of
said code; to repeal §5A-11-8 of said code; to repeal §5B-2-13 of
said code; to repeal §5B-2A-13 of said code; to repeal §5B-2C-8 of
said code; to repeal §5C-2-6 of said code; to repeal §5D-1-24 of
said code; to repeal §6B-2-11 of said code; to repeal §6C-3-5 and
§6C-3-6 of said code; to repeal §9-2-1a of said code; to repeal
§10-5-6 of said code; to repeal §11-1-8 of said code; to repeal §12-6-20 of said code; to repeal §12-6C-20 of said code; to repeal
§15-2-50 of said code; to repeal §15-2D-6 of said code; to repeal
§15-2E-8 of said code; to repeal §16-1-13a of said code; to repeal
§16-5P-15 of said code; to repeal §16-5Q-3 of said code; to repeal
§16-29B-28 of said code; to repeal §16-41-7 of said code; to repeal
§17-2A-1a of said code; to repeal §17A-2-24 of said code; to repeal
§17A-6-18b of said code; to repeal §17B-1D-10 of said code; to
repeal §18-2F-9 of said code; to repeal §18-9D-18 of said code; to
repeal §18-10C-3 of said code; to repeal §18-10L-8 of said code; to
repeal §18A-3A-4 of said code; to repeal §18B-16-6b of said code;
to repeal §19-1-3b of said code; to repeal §19-2B-1a of said code;
to repeal §19-2F-11 of said code; to repeal §19-23-30 of said code;
to repeal §20-1-18d and §20-1-21 of said code; to repeal §20-2-23f
of said code; to repeal §20-5-20 of said code; to repeal §21-1-5 of
said code; to repeal §21-9-13 of said code; to repeal §21-11-19 of
said code; to repeal §21A-1-9 of said code; to repeal §21A-2-9 of
said code; to repeal §22-1-4 and §22-1-7a of said code; to repeal
§22-3A-11 of said code; to repeal §22-15A-15 of said code; to
repeal §22-20-2 of said code; to repeal §22-25-1, §22-25-2, §22-25-
3, §22-25-4, §22-25-5, §22-25-6, §22-25-7, §22-25-8, §22-25-9, §22-
25-10, §22-25-11, §22-25-12, and §22-25-13 of said code; to repeal
§22B-3-5 of said code; to repeal §22C-7-4 of said code; to repeal
§22C-9-4a of said code; to repeal §22C-11-6 of said code; to repeal
§24-1-10 of said code; to repeal §25-1-2 of said code; to repeal
§25-6-1, §25-6-2, §25-6-3, §25-6-4, §25-6-5, §25-6-6 and §25-6-7 of
said code; to repeal §29-1-1b of said code; to repeal §29-1A-5 of said code; to repeal §29-2-10 of said code; to repeal §29-3-31 of
said code; to repeal §29-6-5a of said code; to repeal §29-12-12 of
said code; to repeal §29-18-24 of said code; to repeal §29-20-7 of
said code; to repeal §29-21-3a of said code; to repeal §29-22-26 of
said code; to repeal §30-3-18 of said code; to repeal §30-4-30 of
said code; to repeal §30-5-25 and §30-5-29 of said code; to repeal
§30-6-32 of said code; to repeal §30-7-17 of said code; to repeal
§30-7A-12 of said code; to repeal §30-7B-10 of said code; to repeal
§30-8-11 of said code; to repeal §30-9-32 of said code; to repeal
§30-12-15 of said code; to repeal §30-13-25 of said code; to repeal
§30-13A-37 of said code; to repeal §30-14-16 of said code; to
repeal §30-21-16 of said code; to repeal §30-22-29 of said code; to
repeal §30-23-30 of said code; to repeal §30-28-8a of said code; to
repeal §30-30-14 of said code; to repeal §30-32-22 of said code; to
repeal §30-34-17 of said code; to repeal §30-35-15 of said code; to
repeal §30-36-20 of said code; to repeal §30-37-12 of said code; to
repeal §30-38-19 of said code; to repeal §30-40-28 of said code; to
repeal §31-16-1, §31-16-2, §31-16-3, §31-16-4 and §31-16-5 of said
code; to repeal §31A-3-5 of said code; to repeal §48-18-134 of said
code; and to repeal §48-26-1102 of said code, all relating to
removing nonutilized code sections.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4194--A Bill to amend and reenact §5F-2-1 of the Code of West Virginia, 1931, as amended,
relating to codifying the Division of Criminal Justice Services
being incorporated in and administered as a part of the Department
of Military Affairs and Public Safety.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4247--A Bill to amend and reenact §3-4A-17
of the Code of West Virginia, 1931, as amended, relating to
providing counties the discretion to accompany an electronic poll
book with a printed poll book.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 89, Relating to reinstating former police
chiefs to previously held positions.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 89 (originating in the Committee
on Government Organization)--A Bill to amend and reenact §8-14-6
and §8-14-17 of the Code of West Virginia, 1931, as amended, all relating to paid police departments; and establishing that chiefs
or deputy chiefs of police are to return to their previously held
position within the paid police department following expiration of
term as chief or deputy chief.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 219, Relating to managing state motor vehicle
fleet.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 219 (originating in the
Committee on Government Organization)--A Bill to amend and reenact
§5A-1-2, §5A-1-48 and §5A-1-49 of the Code of West Virginia, 1931,
as amended, all relating to the management of motor vehicles and
aircraft owned or possessed by the state; authorizing the
establishment of the Fleet Management Office within the Department
of Administration; authorizing the Secretary of the Department of
Administration to promulgate emergency rules; and repealing certain
exemptions to rules pertaining to vehicles and aircraft owned or
possessed by the state.
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,
Edwin J. Bowman,
Chair.
The bill (Com. Sub. for S. B. No. 219), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 351, Requiring antiracial profiling training
for certain law-enforcement officers.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 351 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §30-29-3
and §30-29-10 of the Code of West Virginia, 1931, as amended, all
relating to mandatory antiracial profiling training for certain
law-enforcement officers; establishing standards, procedures and
time line for mandatory antiracial profile training for law-
enforcement officers; establishing procedures and timeline for
implementing an antiracial profile training module; and providing
the Governor's Committee on Crime, Delinquency and Correction with
certain emergency rule-making ability.
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,
Jeffrey V. Kessler,
Chair.
The bill (Com. Sub. for S. B. No. 351), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 354, Updating terms and reporting procedures
for traffic crashes.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 354 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §17C-4-1,
§17C-4-2, §17C-4-3, §17C-4-5, §17C-4-6, §17C-4-7, §17C-4-8, §17C-4-
9, §17C-4-10, §17C-4-11, §17C-4-14, §17C-4-15 and §17C-4-16 of the
Code of West Virginia, 1931, as amended, all relating to reporting
crashes to a law-enforcement agency; updating certain terminology;
increasing property damage notification threshold; setting
penalties for certain crashes; updating law-enforcement reporting
requirements; and changing responsibility for receiving reports and
preparation of reports to the Division of Highways.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Green, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Bill No. 370, Eliminating cap on groundwater protection
fees.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 370 (originating in the
Committee on Energy, Industry and Mining)--A Bill to amend and
reenact §22-12-9 of the Code of West Virginia, 1931, as amended,
relating to the Groundwater Protection Fund; establishing a $2
million cap on fees that can be collected and deposited into the
fund; and correcting antiquated language throughout.
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,
Mike Green,
Chair.
The bill (Com. Sub. for S. B. No. 370), under the original
double committee reference, was then referred to the Committee on Finance.
Senator Green, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Bill No. 382, Relating to certain oil and gas drilling
geologic reports.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Mike Green,
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. 446, Clarifying deceased public employees'
survivors participate in major medical group plans only.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 446 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §5-16-13
of the Code of West Virginia, 1931, as amended, relating to
clarifying that surviving spouses and dependents of deceased public
employees may only participate in comprehensive group health
insurance plans.
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,
Jeffrey V. Kessler,
Chair.
The bill (Com. Sub. for S. B. No. 446), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 449, Relating to PEIA preexisting conditions
limitations.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 449 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §5-16-17
of the Code of West Virginia, 1931, as amended, relating to the
West Virginia Public Employees Insurance Act; and when employees
may enroll without limitations of preexisting conditions.
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,
Jeffrey V. Kessler,
Chair.
The bill (Com. Sub. for S. B. No. 449), under the original
double committee reference, was then referred to the Committee on
Finance.
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. 474, Creating Green Buildings Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 474 (originating in the
Committee on Transportation and Infrastructure)--A Bill to amend
the Code of West Virginia, 1931, as amended, by adding thereto a
new article, designated §22-29-1, §22-29-2, §22-29-3, §22-29-4,
§22-29-5 and §22-29-6, all relating to the adoption of green
building standards for the construction or renovation of public
buildings over fifty thousand square feet in size; authorizing
rulemaking; defining terms; and establishing minimum energy
standards for public buildings.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
John R. Unger II,
Chair.
The bill (Com. Sub. for S. B. No. 474), 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 Senator Fanning:
Senate Bill No. 536--A Bill to amend and reenact §20-3-5 of
the Code of West Virginia, 1931, as amended, relating to forest
fire season; clarifying permitted and prohibited fires;
establishing industrial and commercial permit and fee; clarifying
criminal penalty; and making technical corrections.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senators Snyder, Edgell, Laird, Unger, White and Palumbo:
Senate Bill No. 537--A Bill to amend and reenact §11-22-2 of
the Code of West Virginia, 1931, as amended, relating to
authorizing the real property transfer tax collected by the state
to be paid to the counties; and providing this be accomplished
incrementally over a five-year period.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Kessler, Minard, Foster, Edgell, D. Facemire and
Oliverio:
Senate Bill No. 538--A Bill to amend and reenact §3-8-1a and
§3-8-5a of the Code of West Virginia, 1931, as amended, all relating to the definition of a "charitable organization" in
regards to an inaugural committee's disbursement of excess
contributions; and information required in a financial statement.
Referred to the Committee on the Judiciary.
By Senators Kessler, Unger and Chafin:
Senate Bill No. 539--A Bill to amend and reenact §29-22-18a of
the Code of West Virginia, 1931, as amended, relating to
designating $10 million of the State Excess Lottery Revenue Fund
for the funding of high school and middle school athletics.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators D. Facemire, Kessler, Boley, Barnes, McCabe,
Helmick, Foster, Edgell and Chafin:
Senate Bill No. 540--A Bill to amend the Code of West
Virginia, 1931 as amended, by adding thereto a new section,
designated §11-21-12j, relating to personal income tax; providing
a decreasing modification to federal adjusted gross income in
determining West Virginia personal income tax liability for income
received by an election official for the tax year in which the
income was earned; disallowing carry forward of carry back of any
unused portion of the decreasing modification to another tax year;
and specifying effective date.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Jenkins, Unger, Palumbo and Oliverio:
Senate Bill No. 541--A Bill to amend and reenact §17C-12-7 of the Code of West Virginia, 1931, as amended, relating to increasing
the penalties for overtaking and passing a school bus stopped for
the purpose of receiving and discharging children.
Referred to the Committee on Education; and then to the
Committee on the Judiciary.
By Senators Stollings, Williams, Fanning, Chafin, D. Facemire
and Boley:
Senate Bill No. 542--A Bill to amend and reenact §17A-1-1 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§17A-6-1 of said code; and to amend and reenact §17F-1-9 of said
code, all relating to a revision of the definition of "all-terrain
vehicle" and the inclusion of a definition for utility terrain
vehicle.
Referred to the Committee on Transportation and
Infrastructure.
By Senators Plymale, Unger, Jenkins and Foster:
Senate Bill No. 543--A Bill to amend and reenact §18B-17-2 of
the Code of West Virginia, 1931, as amended, relating to
authorizing a rule for the Higher Education Policy Commission
regarding the Energy and Water Savings Revolving Loan Fund Program.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Green:
Senate Bill No. 544--A Bill to amend and reenact §16-5-19 of
the Code of West Virginia, 1931, as amended, relating to requiring
death certificate to state the cause of death in a legible fashion with no abbreviations and preferably be typewritten.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Minard (By Request):
Senate Bill No. 545--A Bill to amend and reenact §11-16-13 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§15-2-41 of said code; to amend and reenact §60-3A-21 of said code;
and to amend and reenact §60-8-4 of said code, all relating to the
creation of the Drunk Driving Victims' Compensation Fund; providing
an increase to the barrel tax on nonintoxicating beer; powers and
duties of the Commission on Drunk Driving Prevention; providing an
increase on the tax on purchases of liquor; and providing an
increase to the liter tax.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Minard, Yost, Snyder, Edgell and Boley:
Senate Bill No. 546--A Bill to amend and reenact §6-9-7 of the
Code of West Virginia, 1931, as amended, relating to clarifying
that audit-supporting documentation is confidential.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Stollings:
Senate Bill No. 547--A Bill to amend and reenact §11-8-12 and
§11-8-12a of the Code of West Virginia, 1931, as amended, all
relating to correcting an inconsistency in the code regarding
school board levies.
Referred to the Committee on Government Organization.
By Senators Tomblin (Mr. President), Stollings and Plymale:
Senate Bill No. 548--A Bill to extend the time for the
governing body of the Board of Education of Boone County, West
Virginia, to meet as a levying body for the purpose of presenting
to the voters of that county an election to consider a renewal of
an existing excess levy for schools, from the third Tuesday of
April until the last day in May, 2010 that is not a Saturday,
Sunday or legal holiday.
Referred to the Committee on Government Organization.
By Senator Browning:
Senate Bill No. 549--A Bill to amend and reenact §16-13A-1c,
§16-13A-2, §16-13A-3, §16-13A-5, §16-13A-8, §16-13A-9, §16-13A-18a
and §16-13A-24 of the Code of West Virginia, 1931, as amended, all
relating to the development of telecommunication and information
services by public service districts.
Referred to the Committee on Transportation and
Infrastructure.
By Senators Laird, White, Oliverio, Kessler, Foster and
Stollings:
Senate Bill No. 550--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §17B-3-14, relating to motor vehicle driver's licenses;
establishing a driver's license restoration program; making
legislative findings; and granting rule-making authority.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 27, Amending Joint Rules to
create Joint Committee on Scope of Medical Practice.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Resolution No. 21, Honoring Donald Spence for
dedication to education.
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. Senate Bill No. 350, Recategorizing recycled energy as
renewable energy resource.
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, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Foster--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 350) 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. 405, Authorizing DEP promulgate
legislative rule relating to oil and gas wells and other wells.
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, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Foster--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 405) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning,
Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe,
Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Caruth and Foster--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 405) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Senate Bill No. 436, Updating language relating to process of
incorporation.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Barnes, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
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. 38, Creating WV Servicemembers
Civil Relief Act.
Com. Sub. for Senate Bill No. 218, Providing for early parole
eligibility for certain inmates.
Com. Sub. for Com. Sub. for Senate Bill No. 236, Creating
Aquaculture Development Act.
Senate Bill No. 391, Relating to county board of education members' eligibility.
And,
Com. Sub. for Senate Bill No. 397, Creating single dwelling
residential housing index and multiplier.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Browning.
On motion of Senator Chafin, leaves of absence for the day
were granted Senators Caruth and Foster.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, February 12, 2010, at 11 a.m.
____________
Webmaster | © 2024 West Virginia Legislature **
