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sdj-35th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2010

THIRTY-FIFTH DAY

____________

Charleston, W. Va., Tuesday, February 16, 2010

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

Prayer was offered by Bishop Ernest Lyght, West Virginia Conference of the United Methodist Church, Charleston, West Virginia.
Pending the reading of the Journal of Monday, February 15, 2010,
On motion of Senator Oliverio, 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, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4179--A Bill to amend and reenact §21-5E-5 of the Code of West Virginia, 1931, as amended, relating to removing the termination date of the Equal Pay Commission.
Referred to the Committee on Government Organization.
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. 4198--A Bill to amend and reenact §22C-7-3 of the Code of West Virginia, 1931, as amended, relating to extending the expired term of a member the Oil and Gas Inspectors' Examining Board until the member's successor is appointed and qualified.
Referred to the Committee on Energy, Industry and Mining; and then 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. Com. Sub. for House Bill No. 4248--A Bill to amend and reenact §29-19-2, §29-19-5 and §29-19-6 of the Code of West Virginia, 1931, as amended, all relating to the solicitation of charitable funds; defining the terms "audit" and "financial review"; including other methods of communications in the definition of the term "solicitation"; raising the threshold for exemption from filing audits and registering; and requiring financial reviews for charitable organization raising between $100,000 and $200,000 in contributions.
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. 4281--A Bill to repeal §27-1A-12 of the Code of West Virginia, 1931, as amended; to repeal §27-2-1a and §27-2-1b of said code; to amend and reenact §9-4C-1 of said code; to amend and reenact §9-5-11c of said code; to amend and reenact §9-6-1 of said code; to amend and reenact §11-27-10 and §11-27-11 of said code; to amend and reenact §16-1-4 of said code; to amend and reenact §16-2D-2 and §16-2D-5 of said code; to amend and reenact §16-5F-2 of said code; to amend and reenact §16-5O-2 of said code; to amend and reenact §16-22-1 and §16-22-2 of said code; to amend and reenact §16-29A-3 of said code; to amend and reenact §16-30-7 and §16-30-24 of said code; to amend and reenact §27-1-3, §27-1-6, §27-1-7 and §27-1-9; to amend and reenact §27-1A-1, §27-1A-4 and §27-1A-6 of said code; to amend and reenact §27-2-1 of said code; to amend and reenact §27-2A-1 of said code; to amend and reenact §27-4-1 of said code; to amend and reenact §27-5-9 of said code; to amend and reenact §27-9-1 of said code; to amend and reenact §27-12-1 of said code; to amend and reenact §29-15-1, §29-15-5 and §29-15-6 of said code; to amend and reenact §44A-1-1 and §44A-1-2 of said code; and to amend and reenact §49-4A-6 of said code, all relating to updating code references relating to intellectually disabled persons; replacing the term "mentally retarded" with "intellectually disabled" or "individuals with an intellectual disability"; renaming an intermediate care facility for the mentally retarded (ICF-MR) to an intermediate care facility for individuals with an intellectual disability (ICF-ID); altering definitions of terms; and deleting obsolete references.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4355--A Bill to amend and reenact §61-5-17 of the Code of West Virginia, 1931, as amended, relating to crimes against public justice; making it a felony offense to disarm, or attempt to disarm probation officers and parole officers; and criminal penalties.
Referred to the Committee on the Judiciary.
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. 105, Exempting certain real property owners from natural resources property assessment.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 105 (originating in the Committee on the Judiciary)--A Bill
to amend and reenact §11-1A-17 of the Code of West Virginia, 1931, as amended, relating to making permanent reassessments by county commissions finding that no marketable coal exists remain in full force and effect for subsequent assessments; and providing for increased assessment and payment of interest if coal is later mined.
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. 105), under the original double committee reference, was then referred to the Committee on Finance.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 243, Authorizing Commissioner of Agriculture promulgate legislative rule relating to shellfish.
With an amendment from the Committee on Agriculture pending;
And reports the same back with the recommendation that it do pass as amended by the Committee on Agriculture to which the bill was first referred; but under the original triple committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bill, under the original triple committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Agriculture pending.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 252, Authorizing Board of Barbers and Cosmetologists promulgate legislative rule relating to schedule of fees.
With an amendment from the Committee on Government Organization pending;
Senate Bill No. 266, Authorizing Board of Examiners in Counseling promulgate legislative rule relating to marriage and family therapists' fees.
With an amendment from the Committee on Government Organization pending;
And,
Senate Bill No. 305, Authorizing Board of Occupational Therapy promulgate legislative rule relating to fees for services rendered by board.
With an amendment from the Committee on Government Organization pending;
And reports the same back with the recommendation that they each do pass as amended by the Committee on Government Organization to which the bills were first referred; but under the original triple committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bills, under the original triple committee references, were then referred to the Committee on the Judiciary, with amendments from the Committee on Government Organization pending.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 256, Authorizing Consolidated Public Retirement Board promulgate legislative rule relating to Teachers Retirement System.
Senate Bill No. 257, Authorizing Consolidated Public Retirement Board promulgate legislative rule relating to PERS.
Senate Bill No. 258, Authorizing Consolidated Public Retirement Board promulgate legislative rule relating to refund, reinstatement and loan interest factors.
Senate Bill No. 259, Authorizing Consolidated Public Retirement Board promulgate legislative rule relating to State Police.
Senate Bill No. 263, Authorizing Board of Examiners in Counseling promulgate legislative rule relating to licensed professional counselor fees.
Senate Bill No. 275, Authorizing DEP promulgate legislative rule relating to covered electronic devices takeback program.
And,
Senate Bill No. 282, Authorizing Division of Energy promulgate legislative rule relating to community development assessment and real property valuation procedures for Office of Coalfield Community Development.
And reports the same back with the recommendation that they each do pass; but under the original triple committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bills, under the original triple committee references, were then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 278, Authorizing DEP promulgate legislative rule relating to water pollution control permit fee schedules.
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,
Walt Helmick,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 285, Authorizing Hatfield-McCoy Regional Recreation Authority promulgate legislative rule relating to rules for use of facilities.
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,
Walt Helmick,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 321, Authorizing State Tax Department promulgate legislative rule relating to residential solar energy tax credit.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Finance pending.
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. 364, Permitting Office of Chief Medical Examiner inspect certain controlled substances' information.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 364 (originating in the Committee on the Judiciary)--A Bill
to amend and reenact §60A-9-5 of the Code of West Virginia, 1931, as amended, relating to permitting duly authorized agents of the Office of the Chief Medical Examiner to inspect certain confidential information concerning controlled substances that is required to be kept by the State Board of Pharmacy.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
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. 368, Authorizing excess Courtesy Patrol funds be transferred to Tourism Promotion Fund.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 368 (originating in the Committee on Transportation and Infrastructure)--A Bill
to amend and reenact §5B-2-12 of the Code of West Virginia, 1931, as amended, relating to moneys deposited in Tourism Promotion Fund; and authorizing excess funds in the Courtesy Patrol Fund to be transferred back to the Tourism Promotion Fund .
Without recommendation as to passage; 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. 368), under the original double committee reference, was then referred to the Committee on Finance.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 414, Authorizing Lottery Commission promulgate legislative rule relating to limited gaming facilities.
Senate Bill No. 418, Authorizing State Tax Department promulgate legislative rule relating to film industry investment tax credit.
And,
Senate Bill No. 419, Authorizing State Tax Department promulgate legislative rule relating to corporation net income tax.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 422, Limiting liability for nonhealth care provider defibrillator users.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 422 (originating in the Committee on the Judiciary)--A Bill
to amend and reenact §16-4D-4 of the Code of West Virginia, 1931, as amended, relating to limiting liability for anticipated automatic external defibrillator users who are not health care providers.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
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. 489, Determining status of recycling goals.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 489 (originating in the Committee on the Judiciary)--A Bill
to amend and reenact §22-15A-16 of the Code of West Virginia, 1931, as amended, relating to setting recycling goals; conducting a one-time study to determine the recycling rate in West Virginia; requiring the submission of recycling data; and initiating a one-time award program to recognize certain recycling leaders.
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. 489), under the original double committee reference, was then referred to the Committee on Finance.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Bill No. 505, Updating Logging Sediment Control Act.
And,
Senate Bill No. 510, Extending DNR license and stamp fees sunset provision.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
John Pat Fanning,
Chair.
The bills, under the original double committee references, were then referred to the Committee on Finance.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Bill No. 511, Relating to tagging and checking beaver pelts.
And,
Senate Bill No. 512, Increasing game trap markings.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
John Pat Fanning,
Chair.
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. 527, Requiring State Rail Authority establish transportation and local rail service plan.
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,
John R. Unger II,
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 Concurrent Resolution No. 21, Requesting DOH name bridge in Kanawha County "Private First Class Charles M. Conner Memorial Bridge".
Senate Concurrent Resolution No. 24, Requesting DOH name bridge in Boone County "Private First Class Edward C. Miller Memorial Bridge".
Senate Concurrent Resolution No. 25, Requesting DOH name bridge in Wayne County "Master Sergeant Ernie Wallace Memorial Bridge".
And,
Senate Concurrent Resolution No. 26, Requesting DOH name bridge in Kanawha County "Private First Class Vernon L. Dillard Memorial Bridge".
And reports the same back with the recommendation that they each be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
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
House Concurrent Resolution No. 2, The "Sergeant Billy W. Rapp, U.S. Army Memorial Bridge".
House Concurrent Resolution No. 11, Requesting the Division of Highways erect two signs on I-79 when entering Marion County honoring two West Virginia football legends, Sam Huff and Frank "Gunner" Gatski.
And,
House Concurrent Resolution No. 17, The "Freda Bell Bridge".
And reports the same back with the recommendation that they each be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
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 Bowman and Chafin:
Senate Bill No. 583--A Bill to amend and reenact §5A-6-4 of the Code of West Virginia, 1931, as amended, relating to the Office of Technology; and changing references to the Information Services and Communications Division to reflect the division's consolidation into the Office of Technology.
Referred to the Committee on Government Organization.
By Senators Bowman and Chafin:
Senate Bill No. 584--A Bill to amend and reenact §30-7B-4 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Center for Nursing; detailing the center's data collection responsibilities and establishing that data submitted to the center is confidential; and deleting a statutory provision regarding establishment of a loan repayment program.
Referred to the Committee on Government Organization.
By Senators Kessler, Chafin and Minard:
Senate Bill No. 585--A Bill to amend and reenact §38-12-1 and §38-12-8 of the Code of West Virginia, 1931, as amended, all relating to requiring lienholders to record a release in the county clerk's office within sixty days after the lien has been satisfied; and requiring that liens be removed from record upon satisfaction.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senator Bowman:
Senate Bill No. 586--A Bill to amend and reenact §18-2E-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-5-16 of said code, all relating to high quality educational programs; student transfers; mandating procedure as to when parents should be notified of school choice options by county school boards; and providing methods of notification.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Bowman:
Senate Bill No. 587--A Bill to repeal §30-26-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-26-3 of said code, relating to the Board of Hearing-Aid Dealers; removing the statutory per diem salary granted to board members; and removing the requirement that the Department of Health and Human Resources provide administrative assistance to the board.
Referred to the Committee on Government Organization.
By Senators Helmick, Tomblin (Mr. President), Plymale, Unger, Chafin, Oliverio and Stollings:
Senate Bill No. 588--A Bill to repeal §18B-12-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §5-6-4a of said code; to amend and reenact §12-1-12d of said code; to amend and reenact §18B-1-6 of said code; to amend and reenact §18B-1B-4 of said code; to amend and reenact §18B-2A-3, §18B-2A-4 and §18B- 2A-8 of said code; to amend and reenact §18B-3-3 and §18B-3-4 of said code; to amend and reenact §18B-5-9 of said code; to amend and reenact §18B-10-1 of said code; and to amend and reenact §18B-12-1, §18B-12-2, §18B-12-3 and §18B-12-6 of said code, all relating to public higher education governance; reviewing certain real property contracts; repealing sunset provision for pilot investment program for Marshall University and West Virginia University; specifying certain powers and duties of commission, council and governing boards; specifying and clarifying rule-making procedures; providing for review and approval of certain academic programs, operating and capital budgets; providing a procedure to extend certain powers and duties to certain state institutions of higher education; requesting a study to examine feasibility of extending certain purchasing authority to certain state institutions of higher education; providing for review and approval of governing boards' requests for tuition and fee increases; authorizing research and development agreements between governing boards of state institutions of higher education and certain corporations; providing legislative findings and purpose; providing certain definitions; setting forth essential criteria for certain corporations; specifying corporation membership, organization and financial requirements; and conforming certain corporation reporting provisions to federal law.
Referred to the Committee on Education; and then to the Committee on Finance.
Senators Laird, Jenkins, Unger, Chafin, Oliverio, Williams, Yost, Minard, Kessler, Foster, Stollings, McCabe and Prezioso offered the following resolution:
Senate Resolution No. 25--Designating February 16, 2010, as "Corrections Day".
Whereas, The adult correctional population continues to expand and it is important for agency representatives and policy-makers to appreciate the nature and magnitude of the growth; and
Whereas, West Virginia was ranked 34th in the nation in 2007, with an incarceration rate of 333 per 100,000 residents, and between 2000 and 2006, West Virginia had the fastest growing prison population in the nation; and
Whereas, Commitments to the Division of Corrections grew by 21.9% in 2007, resulting in 3,449 new inmates, and parole violators comprised 14% of all new commitments in 2007; and
Whereas, In 2007, only 4.9% of all parole violators were returning due to the commission of a new crime, and in 2006, 75.9% of new admissions were for nonviolent offenses; and
Whereas, As of December 2007, West Virginia's correctional population was almost two and one-half times its size in 1995. In 2007, property offenders comprised the largest group of inmates confined in the total prison population at 19.2% and between 2000 and 2004, 37.1% of inmates were released on parole compared to 51.5% between 2005 and 2007, so over half (54.8%) of all inmates released in 2007 were granted parole. Therefore, the parole grant rates increased by 9.0% between 2006 and 2007; and
Whereas, West Virginia's correctional population is forecasted to increase at an average annual growth rate of 5.6% over the next decade and according to the forecast, the Division of Corrections can expect to receive approximately 430 additional inmates per year. Therefore, the correctional population is expected to reach 8,530 inmates in 2012 and 10,304 in 2017; and
Whereas, The information provided in this resolution will assist public officials and agency representatives in planning for the future and developing policies for the management of the West Virginia correctional population as well as providing adequate pay, benefits, and a safe secure workplace for the employees in the correctional system; therefore, be it

Resolved by the Senate:
That the Senate hereby designates February 16, 2010, as "Corrections Day"; and, be it
Further Resolved, That the Senate hereby recognizes the exceptional service and commitment of the employees of the Division of Corrections; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials of the Division of Corrections.

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.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Senators Oliverio, Jenkins, Unger, Chafin, Williams, Yost, Minard, Kessler, Foster, Stollings, McCabe and Prezioso offered the following resolution:
Senate Resolution No. 26--
Designating February 16, 2010, as "West Virginia Human Resources Day".
Whereas, Human resources, also known as the people managers, refers to how employees are managed from small businesses and municipalities to large corporations and national governments; and
Whereas, Traditionally, human resources dealt with the part of an organization or company that was responsible for hiring, firing, training and other personnel issues; and
Whereas, Today, human resources encompasses a vast area of diverse and dynamic issues that affect the everyday lives of our workforce; and
Whereas, In an effort to enhance morale and productivity, limit job turnover, and help organizations increase performance and improve results, human resource workers also help their companies or organizations effectively use employee skills, provide training and development opportunities to improve those skills and increase employees' satisfaction with their jobs and working conditions; and
Whereas, Especially in today's economy, human resources has become increasingly difficult as companies and organizations have instituted cost-cutting measures requiring human resources workers to play a vital role in tackling these issues sensibly and responsibly for their company and employees; and
Whereas, The West Virginia Senate believes that the diligent people that work tirelessly in the area of human resources should be acknowledged and honored; therefore, be it
Resolved by the Senate:
That the Senate designates February 16, 2010, as "West Virginia Human Resources Day"; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of West Virginia Human Resources Day.

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.
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. 28, Expressing will of Legislature opposing Medicare Sustainable Growth Rate.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Health and Human Resources.
Senate Concurrent Resolution No. 29, Requesting DOH name bridge at Cyrus Creek Road, Cabell County, "Glenn Holton 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 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. Com. Sub. for Senate Bill No. 89, Relating to reinstating former police chiefs or deputy chiefs to previously held positions.
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, 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)--32.
The nays were: None.
Absent: Caruth and Plymale--2.
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. 89) 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. 354, Updating terms and reporting procedures for traffic crashes.
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, 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)--32.
The nays were: None.
Absent: Caruth and Plymale--2.
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. 354) 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. 382, Relating to certain oil and gas drilling geologic reports.
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, 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)--32.
The nays were: None.
Absent: Caruth and Plymale--2.
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. 382) 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. 391, Relating to county board of education members' eligibility.
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, 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)--32.
The nays were: None.
Absent: Caruth and Plymale--2.
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. 391) passed.
At the request of Senator Wells, as vice chair of the Committee on Education, the unreported Education committee amendment to the title of the bill was withdrawn.
On motions of Senators Edgell and Plymale, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Senate Bill No. 391--A Bill to amend and reenact §18-5-1a of the Code of West Virginia, 1931, as amended, relating to county boards of education; modifying eligibility requirements for a candidate for membership on a board and for a member-elect of a board; and making technical corrections.
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, 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)--32.
The nays were: None.
Absent: Caruth and Plymale--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. 391) 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. 372, Updating language in WV Medical Practice Act.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 498, Amending civil definitions of "neglect" and "caregiver".
On second reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Kessler, the bill was rereferred to the Committee on the Judiciary.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Unger, the name of Senator Unger was removed as a sponsor of Senate Bill No. 252 (Authorizing Board of Barbers and Cosmetologists promulgate legislative rule relating to schedule of fees), Senate Bill No. 263 (Authorizing Board of Examiners in Counseling promulgate legislative rule relating to licensed professional counselor fees), Senate Bill No. 266 (Authorizing Board of Examiners in Counseling promulgate legislative rule relating to marriage and family therapists' fees),
Senate Bill No. 278 (Authorizing DEP promulgate legislative rule relating to water pollution control permit fee schedules), Senate Bill No. 287 (Authorizing DHHR promulgate legislative rule relating to fees for services), Senate Bill No. 298 (Authorizing Board of Medicine promulgate legislative rule relating to fees for services rendered by board, including assistance to board-designated physician health program for physicians, podiatrists and physician assistants), Senate Bill No. 300 (Authorizing DMV promulgate legislative rule relating to collection of tax on sale of vehicle),
Senate Bill No. 305 (Authorizing Board of Occupational Therapy promulgate legislative rule relating to fees for services rendered by board), Senate Bill No. 311 (Authorizing Board of Osteopathy promulgate legislative rule relating to fees for services rendered by board) and Senate Bill No. 320 (Authorizing State Tax Department promulgate legislative rule relating to Consumers Sales and Service Tax and Use Tax--drugs, durable medical goods, mobility-enhancing equipment and prosthetic devices per se exemption; and motor vehicles per se exemption).
On motion of Senator Chafin, leaves of absence for the day were granted Senators Caruth and Plymale.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Wednesday, February 17, 2010, at 11 a.m.
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