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Senate Journal


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sdj-31st day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2009

THIRTY-FIRST DAY

____________

Charleston, W. Va., Friday, March 13, 2009

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

     Prayer was offered by the Reverend Brandon Moll, First United Methodist Church, Webster Springs, West Virginia.
     Pending the reading of the Journal of Thursday, March 12, 2009,
     On motion of Senator Hall, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the second order of business and the introduction of guests.
     The Senate then proceeded to the third order of business.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 2795--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-46f, relating to wildlife resources; and creating a special hunting and fishing license for persons with a life-threatening condition who are under twenty-one years of age.
     Referred to the Committee on Natural Resources; and then to the Committee on Finance.
     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. House Bill No. 2841--A Bill to extend the time for the city council of the city of Richwood, Nicholas County, to meet as a levying body for the purpose of presenting to the voters of the city an election to supplement current funds for general repair of existing streets and alleys, acquisition of rights-of-way and construction of new streets, for services related to the protection against loss by fire, street maintenance, and for police protection for the city of Richwood and for payment of any obligation by the city due to higher costs and for the purpose of paying all costs incurred in the laying of this additional levy from between the seventh and twenty-eighth days of March and the third Tuesday in April until May 31, 2009.
     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. 2931--A Bill to amend and reenact §11-13A-3b of the Code of West Virginia, 1931, as amended; and to amended and reenact §11-13V-4 of said code, all relating to removing a severance tax on timber for tax years 2010 through 2013, inclusive.
     Referred to the Committee on Finance.
     On motion of Senator Chafin, the Senate recessed for five minutes to permit Katie Dean to address the Senate on behalf of the Frasure-Singleton Student Legislative Program.
     Upon expiration of the recess, the Senate reconvened.
     Thereafter, at the request of Senator Minard, and by unanimous consent, the remarks by Katie Dean were ordered printed in the Appendix to the Journal.
     The Senate then resumed business under the third order.
Executive Communications

     Senator Tomblin (Mr. President) laid before the Senate the following communication from His Excellency, the Governor, consisting of an executive nomination for appointee:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 12, 2009

Senate Executive Message No. 4
TO:  The Honorable Members of the
     West Virginia Senate
Ladies and Gentlemen:
     I respectfully submit the following nomination for your advice and consent:
     1.   For Commissioner, Division of Banking, Sara Cline, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
     Notice of this appointment was previously provided to the appropriate legislative staff at the time the appointment was made.
                              Sincerely,
                               Joe Manchin III,
                               Governor.
     Which communication was referred to the Committee on Confirmations and incorporated with the executive nominations received earlier this session; all to be considered as a special order of business for Saturday, April 11, 2009, at 11 a.m.
     The Senate proceeded to the fourth order of business.
     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. 280, Creating Correctional Industries Act of 2009.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 280 (originating in the Committee on the Judiciary)--A Bill to repeal §28-5B-1, §28-5B-2, §28-5B-3, §28-5B-4, §28-5B-5, §28-5B-6, §28-5B-7, §28-5B-8, §28-5B- 9, §28-5B-10, §28-5B-11, §28-5B-12, §28-5B-13, §28-5B-14, §28-5B- 15, §28-5B-16, §28-5B-17 and §28-5B-18 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §25-7-1, §25-7-2, §25-7-3, §25-7- 4, §25-7-5, §25-7-6, §25-7-7, §25-7-8, §25-7-9, §25-7-10, §25-7-11, §25-7-12, §25-7-13, §25-7-14, §25-7-15, §25-7-16 and §25-7-17, all relating to enacting the Correctional Industries Act of 2009; authorizing the Commissioner of the Division of Corrections to enter into correctional industries contracts, develop a marketing plan, create catalogues and a web site and determine prices; purchasing inmate-made articles and products by state agencies mandatory; exceptions; creating the Correctional Industries Account and the Construction and Operations Account; prohibiting sale of inmate-made goods on the open market; penalties; exceptions; authorizing the establishment of prison industry enhancement certification programs pursuant to Title 18 U. S. C. §1761(c); providing for agreements between private entities and the commissioner or the director of the Division of Juvenile Services to establish the federal programs; providing for the contents of the agreements; and updating certain terms.
     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.
     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 the bill contained in the foregoing report from 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. 302, Expanding municipal parking authority officers' ticketing powers.
     And reports the same back with the recommendation that it 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. 321, Modifying certificate of need process.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 321 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact §16-2D-2, §16-2D-3, §16-2D-4, §16-2D-5 and §16-2D-7 of the Code of West Virginia, 1931, as amended, all relating generally to the certificate of need process; eliminating certain services of certificate of need review; defining terms; raising the expenditure minimum amount for a capital expenditure and major medical equipment threshold; eliminating archaic language; providing for legislative rule-making authority; setting forth standards for when certain ambulatory health care facilities are not subject to certificate of review; providing that electronic health records are not subject to certificate of review; providing that nonhealth- related projects are subject to certificate of review; and modifying the fee structure for certificate of review by setting forth a capitated amount for certificate of need fees.
     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 Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Health and Human Resources.
     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. 338, Creating additional seventeenth judicial circuit court judge.
     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,
                               Jeffrey V. Kessler,
                               Chair.
     The bill, 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. 384, Authorizing Department of Transportation take control of certain highway emergencies.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 384 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §29-3A-1 of the Code of West Virginia, 1931, as amended, relating to authority to control an emergency scene on state highways.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               John R. Unger II,
                               Chair.
     Senator Jenkins, from the Committee on Interstate Cooperation, submitted the following report, which was received:
     Your Committee on Interstate Cooperation has had under consideration
     Senate Bill No. 479, Relating to Streamlined Sales and Use Tax Agreement.
     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,
                               Evan H. Jenkins,
                               Chair.
     The bill, 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. 497, Relating to WV Partnership to Promote Community Well-Being.
     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,
                               Jeffrey V. Kessler,
                               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 the bill contained in the foregoing report from the Committee on the Judiciary.
     Senator Jenkins, from the Committee on Interstate Cooperation, submitted the following report, which was received:
     Your Committee on Interstate Cooperation has had under consideration
     Senate Bill No. 515, Creating Uniform Adult Guardianship and Protective Proceedings Jurisdiction 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 the Judiciary.
                              Respectfully submitted,
                               Evan H. Jenkins,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
     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 Resolution No. 24, Expressing will of Senate regarding economic recovery plan spending.
     And has amended same.
     And reports the same back with the recommendation that it be adopted, as amended.
                              Respectfully submitted,
                               Richard Browning,
                               Chair.
     Senator Jenkins, from the Committee on Interstate Cooperation, submitted the following report, which was received:
     Your Committee on Interstate Cooperation has had under consideration
     Eng. Com. Sub. for House Bill No. 2685, Amending the Uniform Principal and Income Act.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended; but under the original triple committee reference first be referred to the Committee on the Judiciary; and then to the Committee on Finance.
                              Respectfully submitted,
                               Evan H. Jenkins,
                               Chair.
     The bill, under the original triple committee reference, was referred to the Committee on the Judiciary; and then to the Committee on Finance, with an amendment from the Committee on Interstate Cooperation pending.
     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 Guills, Caruth, Kessler, Bowman and Foster:
     Senate Bill No. 575--A Bill to amend and reenact §29-25-1, §29-25-2, §29-25-3, §29-25-5, §29-25-6, §29-25-8, §29-25-9, §29-25- 11, §29-25-12, §29-25-13, §29-25-16, §29-25-17, §29-25-18, §29-25- 19, §29-25-20, §29-25-21, §29-25-22, §29-25-23, §29-25-24, §29-25- 25 and §29-25-26 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto twelve new sections, designated §29-25-22a, §29-25-28, §29-25-29, §29-25-30, §29-25-31, §29-25-32, §29-25-33, §29-25-34, §29-25-35, §29-25-36, §29-25-37 and §29-25-38 of said code, all relating to criminal offenses and penalties; suspension, revocation and denial of licenses; imposition of civil penalties; creating a Human Resource Benefit Fund; establishing fees; and other modifications necessary to bring conformity to one historic resort hotel with a gaming facility license and up to four pari-mutuel racetracks in the state with gaming licenses.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senator Boley:
     Senate Bill No. 576--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-5B-1, §18-5B-2, §18-5B-3, §18-5B-4, §18-5B-5, §18-5B-6, §18-5B-7 and §18-5B-8, all relating to voluntary student expression of religious viewpoints in public schools.
     Referred to the Committee on Education; and then to the Committee on the Judiciary.
     By Senators Bowman, Foster, Jenkins, Snyder, Kessler, Plymale and Stollings:
     Senate Bill No. 577--A Bill to repeal §7-4-6a of the Code of West Virginia, 1931, as amended; and to amend and reenact §7-4-6 of said code, relating to the West Virginia Prosecuting Attorneys Institute; increasing the size of the executive council; allowing the appointment of special prosecutors in matters of juvenile delinquency and abuse and neglect; and repealing outdated section that continued the Prosecuting Attorneys Institute.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senator Barnes:
     Senate Bill No. 578--A Bill to amend and reenact §21-5A-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §21-5A-10a, all relating to calculating the West Virginia prevailing wage on federally funded construction projects to be identical to the methodology used in the federal Davis-Bacon Act; and exempting projects that are less than $250,000 from the State of West Virginia prevailing wage.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Chafin and Green:
     Senate Bill No. 579--A Bill to amend and reenact §18-5-18a of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-8, §18A-4-8a and §18A-4-8b of said code, all relating to pupil-teacher ratios; providing for additional payment to classroom aides in prekindergarten or kindergarten classes for any pupils over the twenty maximum pupil-teacher ratios; establishing a pupil-teacher ratio of twenty to one in all prekindergarten classes; creating two new job titles pf "bus operator II" and "bus operator III"; increasing the service personnel pay scales; upgrading the pay grades of certain aids, bus operators, cooks and custodians; and use of seniority in certain positions.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senator Jenkins:
     Senate Bill No. 580--A Bill to amend and reenact §23-2-1 of the Code of West Virginia, 1931, as amended, relating to workers' compensation; and providing that taxicab companies may be excluded from liability by producing evidence of liability insurance and insurance for accidental death and dismemberment.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Laird, Stollings, Foster, Prezioso, White, Kessler, Plymale and Jenkins:
     Senate Bill No. 581--A Bill to amend and reenact §16-21-1 of the Code of West Virginia, 1931, as amended, relating to blood donations by persons age sixteen with parental consent.
     Referred to the Committee on the Judiciary.
     By Senators Palumbo, Foster, Wells and Stollings:
     Senate Bill No. 582--A Bill to amend and reenact §5A-3-48 of the Code of West Virginia, 1931, as amended, relating to requiring the Secretary of Administration to promulgate rules for travel reimbursement equal to the Internal Revenue Service optional standard mileage rate used to calculate the deductible costs of operating an automobile for business purposes.
     Referred to the Committee on Finance.
     By Senators Palumbo, Wells, Foster and McCabe:
     Senate Bill No. 583--A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to motor vehicle registration generally; providing for the issuance of a special CAMC Women and Children's Hospital license plate; and assessing a special initial application fee and a special annual fee therefor.
     Referred to the Committee on Transportation and Infrastructure.
     By Senators Foster, Plymale and Chafin:
     Senate Bill No. 584--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22k; and to amend said code by adding thereto a new section, designated §18-7A-26v, all relating to the Public Employees Retirement System and the State Teachers Retirement System; and providing for a one-time bonus payment for certain annuitants.
     Referred to the Committee on Pensions; and then to the Committee on Finance.
     By Senator Browning:
     Senate Bill No. 585--A Bill to amend and reenact §22-15-7 of the Code of West Virginia, 1931, as amended, relating to a person not in the business of hauling or disposing of solid waste who may dispose of, in a landfill, an amount of residential solid waste up to, but not to exceed, five hundred pounds free of all charges and fees.
     Referred to the Committee on the Judiciary.
     By Senators Stollings, Foster, Unger and Jenkins:
     Senate Bill No. 586--A Bill to amend and reenact §16-4C-6, §16-4C-6b and §16-4C-8 of the Code of West Virginia, 1931 as amended, all relating to the Emergency Medical Services Act; providing rule-making authority for fees for certification and recertification of emergency services personnel; providing for fees for certification and recertification of emergency services personnel to be deposited in the Emergency Medical Services Agency Licensure Fund; requiring applicants for certification to submit to a criminal history background check; prohibiting the release of results of criminal history background check to or by private entities; and establishing fees for certification and recertification of emergency services personnel.
     Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
     By Senator Bowman:
     Senate Bill No. 587--A Bill to repeal §29-6-9a of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-6-2 of said code, relating to abolishing the State Personnel Advisory Council.
     Referred to the Committee on Government Organization.
     Senators Foster, Prezioso, Kessler, McCabe, Plymale, Stollings, Chafin, Unger and Jenkins offered the following resolution:
     Senate Resolution No. 29--Designating the month of March, 2009, as "American Red Cross Month".
     Whereas, The American Red Cross was founded in 1881 and chartered by Congress in 1905; and
     Whereas, The American Red Cross is recognized as a humanitarian organization which provides compassionate care in times of war and disaster; and
     Whereas, The American Red Cross depends on the support of the American people to sustain the Red Cross mission; and
     Whereas, In 2008, more than 3,000 American Red Cross volunteers from West Virginia responded to more than 850 disasters statewide, assisted 2,300 military families through a wide variety of support programs and trained more than 70,000 people in life- saving courses such as CPR, First Aid and Water Safety; and
     Whereas, The American Red Cross collects more than 25,000 pints of life-giving blood from generous West Virginia donors; and
     Whereas, The American Red Cross could not provide its vital services without contributions from the American people; therefore, be it
     Resolved by the Senate:
     That the Senate hereby designates the month of March, 2009, as "American Red Cross Month"; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of the American Red Cross.
     At the request of Senator Foster, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     On motion of Senator Chafin, the Senate recessed for one minute.
     Upon expiration of the recess, the Senate reconvened and proceeded to the seventh order of business.
     Senate Concurrent Resolution No. 23, Requesting Division of Veterans Affairs name state veterans cemetery "The Donel Kinnard Veterans Cemetery".
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Military.
     Senate Concurrent Resolution No. 24, Requesting Joint Committee on Government and Finance study implementing year-round school.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Education; and then to the Committee on Rules.
     Senate Concurrent Resolution No. 25, Requesting Division of Highways name bridge in Boone County "Willis W. Elkins Memorial Bridge".
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
     Senate Concurrent Resolution No. 26, Requesting Joint Committee on Government and Finance study coal industry tax burden.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Finance; and then to the Committee on Rules.
     Senate Resolution No. 23, Commemorating life of Thomas A. Colley.
     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 taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     Thereafter, at the request of Senator Bowman, and by unanimous consent, the remarks by Senators Chafin, Caruth and Oliverio were ordered printed in the Appendix to the Journal.
     Senate Resolution No. 28, Urging Congress pass Employee Free Choice Act.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on the Judiciary.
     The Senate proceeded to the eighth order of business.
     Eng. Com. Sub. for Senate Bill No. 238, Prohibiting discrimination based upon age or sexual orientation.
     On third reading, coming up in regular order, was read a third time.
     Senator Barnes requested unanimous consent that the bill lie over one day, retaining its place on the calendar.
     Which consent was not granted, Senator Kessler objecting.
     Senator Barnes then moved that the bill lie over one day, retaining its place on the calendar.
     The question being on the adoption of the aforestated motion by Senator Barnes, the same was put and did not prevail.
     The question now being "Shall Engrossed Committee Substitute for Senate Bill No. 238 pass?"
     Pending extended discussion,
     The question being "Shall Engrossed Committee Substitute for Senate Bill No. 238 pass?"
     On the passage of the bill, the yeas were: Bowman, Browning, Chafin, Edgell, Fanning, Foster, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Prezioso, Snyder, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--23.
     The nays were: Barnes, Boley, Caruth, Deem, D. Facemire, K. Facemyer, Green, Hall, Stollings and Sypolt--10.
     Absent: Plymale--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 238) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Thereafter, at the request of Senator Bowman, and by unanimous consent, the remarks by Senator Kessler regarding the passage of Engrossed Committee Substitute for Senate Bill No. 238 were ordered printed in the Appendix to the Journal.
     At the request of Senator Oliverio, unanimous consent being granted, the remarks by Senator Wells regarding the passage of Engrossed Committee Substitute for Senate Bill No. 238 were ordered printed in the Appendix to the Journal.
     At the request of Senator Wells, and by unanimous consent, the remarks by Senator McCabe regarding the passage of Engrossed Committee Substitute for Senate Bill No. 238 were ordered printed in the Appendix to the Journal.
     At the request of Senator Kessler, unanimous consent being granted, the remarks by Senator Palumbo regarding the passage of Engrossed Committee Substitute for Senate Bill No. 238 were ordered printed in the Appendix to the Journal.
     Eng. Com. Sub. for Senate Bill No. 318, Expanding Division of Protective Services' law-enforcement authority over state property under certain circumstances.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Plymale--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 318) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for Senate Bill No. 375, Relating to Office of Coalfield Community Development master land use plans.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Plymale--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 375) 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. 344, Authorizing mental hygiene commissioners sign readmission orders.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Senate Bill No. 445, Removing conservation supervisors' election certification requirements.
     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.
     Com. Sub. for Senate Bill No. 276, Imposing statute of limitations on certain real property civil actions.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     Com. Sub. for Senate Bill No. 418, Relating to municipalities' fee requirements.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     Senate Bill No. 466, Clarifying Division of Personnel's functions.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     Senate Bill No. 487, Relating to Division of Personnel Director's qualifications.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     The Senate proceeded to the twelfth order of business.
     Remarks were by Senator Oliverio.
     The Senate proceeded to the thirteenth order of business.
     Senator Chafin called attention to Sunday, March 15, 2009, being the birthday of the senator from Logan and on behalf of the Senate extended felicitations and good wishes to Senator Tomblin (Mr. President), with Senator Kessler leading the members in singing "Happy Birthday".
     On motion of Senator Chafin, a leave of absence for the day was granted Senator Plymale.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate adjourned until Monday, March 16, 2009, at 11 a.m.
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