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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.

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