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Senate Journal


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sdj-42nd day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2009

FORTY-SECOND DAY

____________

Charleston, W. Va.,

Tuesday, March 24, 2009

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

Prayer was offered by the Reverend Tim Pauley, Ministry Leader, Capitol Ministries of West Virginia, Charleston, West Virginia. Ray Kinder, Kenneth Legg, Arnold Parkins, Bill Pauley and the Honorable Clark S. Barnes, a senator from the fifteenth senatorial district, then proceeded in the singing of "The Old Rugged Cross" and "Sweet By and By".
Pending the reading of the Journal of Monday, March 23, 2009,
On motion of Senator Unger, 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 concurrence by that body in the passage, to take effect from passage, of
Eng. Senate Bill No. 329, Updating terms in Personal Income Tax Act.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Eng. Senate Bill No. 410, Updating terms in Corporation Net Income Tax Act.
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. 2566--A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended, relating to crimes against certain protected persons; expanding applicability of increased criminal penalties for battery, malicious assault and unlawful assault against an government employee or contract worker; expanding existing protections for health care workers to include contract workers; and changing fine structure for the penalty for battery on a government employee, contract worker or health care worker.
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. Com. Sub. for House Bill No. 2690--A Bill to amend and reenact §19-9-28, §19-9-29, §19-9-30, §19-9-31, §19-9-32, §19-9-33, §19-9-34, §19-9-34a, §19-9-35 and §19-9-36 of the Code of West Virginia, 1931, as amended, all relating to updating language pertaining to the death of diseased or infected animals; indemnity for the death of diseased or infected animals; deleting outdated amounts paid to appraisers and arbitrators for services rendered; and disposing of dead domesticated animals.
Referred to the Committee on Agriculture; and then 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. Com. Sub. for House Bill No. 2836--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 school innovation zones; setting forth legislative findings, intent and purpose; authorizing State Board to designate school innovation zones; establishing processes for application and plan review and approval and amendment; providing process for grant of exceptions to State Board and county policies, rules and interpretations, and statutes, and prohibiting exceptions from certain policies, rules and interpretations, and statutes; providing for revocation of designation and plan approval; requiring annual report by the State Board; providing for the voluntary transfer of employees; providing for teacher job postings that exceed certain qualifications and requirements; and authorizing the board of education to promulgate rules and emergency rules.
Referred to the Committee on Education; 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. House Bill No. 3066--A Bill to amend and reenact §21-3C- 10a of the Code of West Virginia, 1931, as amended, relating to elevator safety; and clarifying the supervision requirements for elevator apprentices.
Referred to the Committee on Labor.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2009, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3229--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18B-18B-1 and 18B-18B-2, all relating to creation of the Science and Research Council.
Referred to the Committee on Education; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 16--Requesting the bridge crossing the Big Coal River at Ashford in Boone County, West Virginia, specifically bridge number 03-1-8.23(104504), be named the "Willis W. Elkins Memorial Bridge".
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 35--Requesting the Division of Highways name bridge number 06-07-0.40 (3633) on Nine Mile Road, County Route 7, Lesage, the "Pvt. Russell Curtis Knight Memorial Bridge Bronze Star Recipient, WW II Veteran".
Referred to the Committee on Transportation and Infrastructure.
Executive Communications

The Clerk then presented a communication from His Excellency, the Governor, advising that on March 23, 2009, he had approved Enr. Senate Bill No. 403.
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. 55, Eliminating Social Security number requirement in securing state services.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 55 (originating in the Committee on the Judiciary)--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-7-7a, relating to limiting the requirement of the use of a Social Security number in securing state, county or local services to those circumstances where the providing or presentation of one's Social Security number is required or authorized by federal law or regulation or state law or rule.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
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. 440, Increasing county litter control officers' authority.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 440 (originating in the Committee on Natural Resources)--A Bill
to amend and reenact §7-1- 3ff of the Code of West Virginia, 1931, as amended, relating to giving county litter control officers the authority to issue citations for failure to prove proper disposal of trash and creating, contributing to or allowing an open dump.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Government Organization.
Respectfully submitted,
John Pat Fanning,
Chair.
The bill (Com. Sub. for S. B. No. 440), under the original double committee reference, was then referred to the Committee on Government Organization.
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 Bill No. 620, Revising Municipal Economic Opportunity Development District 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 Finance.
Respectfully submitted,
Richard Browning,
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. 17, Requesting Division of Highways name bridge in Logan County "Marine Private Robert Clayton Stephenson Memorial Bridge".
And,
Senate Concurrent Resolution No. 32, Requesting Division of Highways name bridge in Boone County "Brian Scott 'Scotty' Ulbrich 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
Senate Concurrent Resolution No. 29, Requesting funding for MARC commuter train service.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
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 Concurrent Resolution No. 31, Requesting Joint Committee on Government and Finance study mountaintop removal site uses.
And reports the same back with the recommendation that it be adopted; but under the original double committee reference first be referred to the Committee on Rules.
Respectfully submitted,
Richard Browning,
Chair.
The resolution, under the original double committee reference, was then referred to the Committee on Rules.
Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Senate Concurrent Resolution No. 33, Requesting Joint Committee on Government and Finance study new correctional officers' retirement system.
And reports the same back with the recommendation that it be adopted; but under the original double committee reference first be referred to the Committee on Rules.
Respectfully submitted,
Dan Foster,
Chair.
The resolution, under the original double committee reference, was then referred to the Committee on Rules.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Eng. Com. Sub. for House Bill No. 2795, Creating a special hunting and fishing license for persons with a life-threatening condition who are under twenty-one years of age.
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 Finance.
Respectfully submitted,
John Pat Fanning,
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 Natural Resources.
The Senate proceeded to the sixth order of business.
At the request of Senator Stollings, unanimous consent being granted, Senators Tomblin (Mr. President) and Stollings offered the following resolution from the floor:
Senate Resolution No. 40--Congratulating the Logan High School baseball team for winning the 2008 Class AA state championship.
Whereas, The Logan High School baseball team finished with a record of 27-9 and won the 2008 Class AA state championship at Appalachian Power Park; and
Whereas, The 2008 Logan High School baseball team consists of players Thomas Adkins, J. R. Blevins, Josh Motto, Ronnie Abbott, Chad Boytek, David Brown, Jordan Butcher, Alek Chryssofos, Jeremiah Dalton, Garrett Easterling, Cletis Ellis, Zachary Ellis, Todd Fleming, Cody Frye, Corey Lakatos, Adam Mareske, Alex Mareske, Aaron Motto, Justin Oney, Shane Porter, Timothy Rein, Matthew Southers, Nathan Thornhill, Corey Vinson, Shaun Wagner, Joshua Wilson, Chase Aldridge, Jared Hutchinson, Matthew Greene, Michael Greene, Clinton Hale, Sean Hamlin, Nicholas Hoff and Corey Hooker; and
Whereas, The Logan High School baseball team is coached by head coach Roger Gertz and assistant coaches Jim Willis and Kevin Gertz; and
Whereas, The Logan High School baseball team displayed its strong will and determination for the entire season and won its fourth state championship since 2000; and
Whereas, The Logan High School baseball team is a shining example of what can be accomplished through teamwork, dedication and spirit; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the Logan High School baseball team for winning the 2008 Class AA state championship; and, be it
Further Resolved, That the Senate commends each coach, team member and staff member for their outstanding accomplishments; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Logan High School baseball team.
At the request of Senator Stollings, 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, at the request of Senator Chafin, unanimous consent being granted, returned to the fourth order of business.
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. 39 (originating in the Committee on Transportation and Infrastructure)--Requesting the Joint Committee on Government and Finance study issues related to strengthening certain restrictions on a graduated driver's license to increase public safety.
Whereas, Section three-a, article two, chapter seventeen-b of the Code of West Virginia, 1931, as amended, imposes certain restrictions on a graduated driver's license to increase public safety; and
Whereas, The National Safety Council and other experts have recently recommended that the various states make somewhat more rigorous the laws providing restrictions on a graduated driver's license by, for example: Increasing the minimum age from fifteen years old to sixteen years old for obtaining a level-one instruction permit; by decreasing the number of, and increasing the minimum age of, the passengers in a motor vehicle being driven by a level-two intermediate driver's license; by increasing the minimum number of hours of behind-the-wheel driving experience for a level-two intermediate license holder, including, for the first time, a minimum number of nighttime driving hours; and by moving to one hour earlier at night (specifically, to 10:00 p.m.) the latest hour for a level-one or level-two permit or license holder to be driving (with certain exceptions); and
Whereas, Each of these recommendations, and others not set forth above, involve many discrete considerations; and
Whereas, The Legislature ought to have the benefit of reviewing the underlying information that led to these recommendations involving important public safety issues; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study issues related to strengthening certain restrictions on a graduated driver's license to increase public safety; and, be it
Further Resolved, That the Joint Committee on Government and Finance seek input from the Division of Motor Vehicles, the National Safety Council and from any other experts or persons or organizations which that committee may deem to be potentially suitable as resource sources for this study; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Senate Concurrent Resolution No. 40 (originating in the Committee on Transportation and Infrastructure)--Requesting the Joint Committee on Government and Finance study issues related to the regulation of the motor carrier industry and the Commercial Vehicles Information Systems and Networks (CVISN) Program.
Whereas, The responsibility for delivery of government services and the enforcement laws pertaining to the motor carrier industry currently reside in several state agencies, including the Public Service Commission, Division of Highways, Division of Motor Vehicles, State Tax Division and the State Police; and
Whereas, The unimpeded flow of commerce facilitated by the motor carrier industry is essential for the safety and well-being of all Americans; and
Whereas, Nearly 70 percent of all freight transported annually in the United States is transported by trucks; and
Whereas, Freight volume is expected to double by the year 2035; and
Whereas, State infrastructure and resources to deliver the services and monitoring required by the motor carrier industry to compete in the international arena of the transportation of goods and services are scarce; and
Whereas, It may be more cost effective and efficient to both the state and the motor carrier industry to provide these services on a one-stop basis through consolidated facilities and enhanced e- government; and
Whereas, There is published information available involving the deployment in the various states of a national set of systems known as the Commercial Vehicles Information Systems and Networks (CVISN) Program, relating to the safety, credentials and weight regulations of motor carriers as well as fuel tax; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study issues related to the regulation of the motor carrier industry and the Commercial Vehicles Information Systems and Networks (CVISN) Program; and, be it
Further Resolved, That the Joint Committee on Government and Finance seek input from the Public Service Commission, Division of Highways, Division of Motor Vehicles, State Tax Division and the State Police, as well as from the West Virginia Motor Truck Association, as to how services required by the motor carrier industry may be more efficiently provided; and, be it
Further Resolved, That the Joint Committee on Government and Finance seek input from the Division of Motor Vehicles and from the other sources referred by that division pertaining to whether and to what extent this state should adopt and implement the provisions of the Commercial Vehicles Information Systems and Networks (CVISN) Program; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
And,
Senate Concurrent Resolution No. 41
(originating in the Committee on Transportation and Infrastructure)--Requesting the Joint Committee on Government and Finance study issues related to regulating the towing by common carriers of motor vehicles from private property without the consent of the owner or operator of the motor vehicles.
Whereas, There have been numerous complaints in recent years that towing companies, especially in the Morgantown, West Virginia, area, have towed motor vehicles from private real property without the consent of the owner or operator of the motor vehicle and without the established consent of the owner or lessee of, or other person responsible for, the private real property upon which the motor vehicle was located at the time of the tow; and
Whereas, Bills have been introduced in the West Virginia Legislature in each of the last few years related to regulating the towing by common carriers of motor vehicles from private real property without the consent of the owner or operator of the motor vehicles, but with the prior written consent of the owner or lessee, or the agent or designee of the owner or lessee, of the private real property upon which the motor vehicle is located at the time of the tow; and
Whereas, None of these bills have passed both houses of the Legislature, for various reasons, including asserted conflicts with applicable federal legislation, such as 42 U. S. C. §14501(c), and the asserted preference of allowing the West Virginia Public Service Commission to have some flexibility with respect to certain aspects of this area of the law; and
Whereas, This continuing unresolved and significant problem should be carefully studied to facilitate the enactment of appropriate legislation addressing the problem; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study issues related to regulating the towing by common carriers of motor vehicles from private property without the consent of the owner or operator of the motor vehicles; and, be it
Further Resolved, That the Joint Committee on Government and Finance is hereby requested to seek the input of the West Virginia Public Service Commission, any towing association(s) or individual towing companies and any other interested and informed persons selected by that Committee to study the issue of regulating the towing by common carriers of motor vehicles from private real property without the consent of the owner or operator of the motor vehicles, but with the prior written consent, filed with the West Virginia Public Service Commission, of the owner or lessee, or the agent or designee of the owner or lessee, of the private real property upon which the motor vehicle is located at the time of the tow; and, be it
Further Resolved, That this study should include whether the towing companies should be required in this situation to give immediate written notification to the local law-enforcement authorities of the private real property from which the motor vehicle was towed, the make, model and license number of the vehicle and the address of the location where the vehicle has been towed and is stored; and, be it
Further Resolved, That this study should also include consideration of whether towing companies should be required to accept debit or credit card payments for the towing services in this situation, unless the towing company lacks the equipment necessary to process those types of payments, and whether the towing companies in this situation should be prohibited from charging storage fees for the initial, for example, 24 hours of storage of the towed motor vehicle; and, be it
Further Resolved, That this study should also include consideration of whether an exception from all or most of the recommended legislation on point should be created for repossession of motor vehicles on behalf of a financial institution pursuant to a loan or lease obligation listing the vehicle as collateral; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

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 seventh order of business.
Senate Concurrent Resolution No. 37, Requesting Joint Committee on Government and Finance study benefits and burdens in executing penal laws.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on the Judiciary; and then to the Committee on Rules.
Senate Concurrent Resolution No. 38, Requesting Division of Highways name Route 9 from Martinsburg to Berkeley Springs "Ray Johnston Memorial Highway".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on the Transportation and Infrastructure.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 244, Relating to public employees' reemployment after retirement.
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, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Fanning--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. 244) 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. 399, Creating senior resident hunting, fishing and trapping license.
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, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Fanning--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. 399) 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. 424, Converting financial institution to state-chartered bank.
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, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Fanning--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. 424) 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. 464, Authorizing Public Employees Insurance Agency charge fee for paper transactions.
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, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Fanning--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. 464) 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. 468, Requiring redemption property purchaser pay in certified funds.
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, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Fanning--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. 468) 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. 489, Allowing Board of Banking and Financial Institutions receive travel expense compensation.
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, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Fanning--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. 489) 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. 494, Authorizing Insurance Commissioner order restitution in certain cases.
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, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Fanning--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. 494) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 501, Prohibiting animal gas chamber euthanasia.
On third reading, coming up in regular order, with the right having been granted on yesterday, Monday, March 23, 2009, for further amendments to be received on third reading, was reported by the Clerk.
There being no further amendments offered,
The bill, as amended on yesterday, Monday, March 23, 2009, was ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 501 was then read a third time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Committee Substitute for Senate Bill No. 501 pass?"
On the passage of the bill,
the yeas were: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams and Tomblin (Mr. President)--30.
The nays were: Barnes and Yost--2.
Absent: K. Facemyer and Fanning--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. 501) 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. 526, Relating to osteopathy post-doctoral training requirements.
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, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Fanning--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. 526) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2009.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Fanning--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 526) takes effect July 1, 2009.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 528, Depositing certain fees in counties' general funds.
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, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Fanning--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. 528) passed.
The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
Eng. Senate Bill No. 528--A Bill to amend and reenact §59-1-10 of the Code of West Virginia, 1931, as amended, relating to clarification that certain funds be placed in a county's general fund; and specifying certain designations from the fund.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 540, Clarifying certain Tax Commissioner's authorities.
On third reading, coming up in regular order, with the right having been granted on yesterday, Monday, March 23, 2009, for amendments to be received on third reading, was reported by the Clerk.
There being no amendments offered,
The bill was ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 540 was then 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, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Fanning--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. 540) 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. 572, Repealing section creating Public Employee Leave Benefit Analysis Board.
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, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Fanning--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. 572) 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. 587, Repealing section creating State Personnel Advisory Council.
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, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Fanning--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. 587) 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. 588, Repealing section creating Public Insurance Agency Advisory Board.
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, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Fanning--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. 588) 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. 591, Electing magistrates by divisions.
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, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Fanning--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. 591) 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. 647, Authorizing Class IV cities' early voting by mail.
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, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Fanning--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. 647) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Fanning--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. 647) 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.
Com. Sub. for Senate Bill No. 57, Relating to certain school coaches' requirements.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 249, Relating to annual school calendar.
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. 293, Creating felony offense of unauthorized practice of certain health care professions.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Kessler, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page four, section thirteen, line forty-two, after the word "terminated" by inserting a comma;
On page four, section thirteen, line forty-three, after the word "days" by inserting a comma;
On page four, section thirteen, line fifty-three, by striking out the word "expired" and inserting in lieu thereof a colon and "(1) Expired";
On page four, section thirteen, line fifty-three, after the word "lapsed" by inserting a comma;
On page four, section thirteen, line fifty-four, after the word "days" by changing the comma to a semicolon and inserting "or (2)";
On page four, section thirteen, line fifty-four, after the word "surrendered" by inserting a comma;
On page five, section thirteen, line sixty-one, by striking out the word "expired" and inserting in lieu thereof a colon and "(1) Expired";
On page five, section thirteen, line sixty-two, after the word "lapsed" by inserting a comma;
On page five, section thirteen, line sixty-two, after the word "days" by changing the comma to a semicolon and inserting "or (2)";
And,
On page five, section thirteen, line sixty-three, after the word "surrendered" by inserting a comma.
The bill (Com. Sub. for S. B. No. 293), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 328, Creating WV Transportation Finance Commission.
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. 379, Clarifying pharmacists and pharmacies as health care providers.
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. 382, Adjusting State Rail Authority's contract authority.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 404, Creating sesquicentennial commission and fund.
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. 453, Relating to Public Service Commission service of decisions.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 493, Transferring central registry for head injuries to Center for Excellence in Disabilities.
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. 535, Authorizing municipalities and county commissions set closing time for certain bars.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 581, Permitting certain minor blood donations with parental consent.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Senate Bill No. 648, Requiring manual vote counting in certain counties.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. House Bill No. 3083, Permitting blood donations by persons age sixteen with parental consent.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 153, Authorizing Department of Environmental Protection promulgate legislative rules.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 425, Disclosing certain refinanced loan's higher annual percentage rate.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 436, Updating terminology relating to surface mining reporting requirements.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Senate Bill No. 650, Increasing penalties for certain accessory after the fact crimes.
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 made by Senator Bowman.
Thereafter, at the request of Senator Helmick, and by unanimous consent, the remarks by Senator Bowman were ordered printed in the Appendix to the Journal.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Caruth, unanimous consent being granted, it was ordered that the Journal show had Senator Caruth been present in the chamber on yesterday, Monday, March 23, 2009, he would have voted "yea" on the passage of Engrossed Senate Bill No. 12, Engrossed Committee Substitute for Senate Bill No. 75, Engrossed Committee Substitute for Senate Bill No. 256, Engrossed Committee Substitute for Senate Bill No. 261, Engrossed Senate Bill No. 335, Engrossed Senate Bill No. 476, Engrossed Senate Bill No. 503, Engrossed Senate Bill No. 521 and Engrossed Senate Bill No. 594.
On motion of Senator Chafin, leaves of absence for the day were granted Senators K. Facemyer and Fanning.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Wednesday, March 25, 2009, at 11 a.m.
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