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sdj-42nd day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2010

FORTY-SECOND DAY

____________

Charleston, W. Va., Tuesday, February 23, 2010

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

Prayer was offered by the Reverend Doug Minnerly, Grace Covenant Presbyterian Church, Charleston, West Virginia. West Virginia University Steel Drum Ensemble proceeded in the playing of "Marianne" and "Country Roads".
Pending the reading of the Journal of Monday, February 22, 2010,
On motion of Senator Sypolt, 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 Clerk presented a communication from the Geological and Economic Survey, submitting its annual report, in accordance with chapter twenty-nine, article two, section six of the code of West Virginia.
Which report was received and filed with the Clerk.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Eng. Senate Bill No. 391, Relating to county board of education members' eligibility.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 7, Requesting DOH name bridge in Woodville, Lincoln County, "Private First Class Karol Clay Memorial Bridge".
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. 4187--A Bill to amend and reenact §22-18-22 of the Code of West Virginia, 1931, as amended, relating to extending the termination date of the Hazardous Waste Management Fund from June 30, 2010 to June 30, 2015.
Referred 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. 20--Requesting the Division of Highways to name bridge number 23-16/8-0.23 on Market Street in Man, Logan County, West Virginia the "PFC Ezra Craft 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. 23--Requesting the Division of Highways to name the new State Route 10 bridge over the Guyandotte River at Man, Logan County, West Virginia the "SFC Terrance N. Gentry Memorial Bridge" upon the bridge's subsequent completion and opening.
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. 24--Requesting the Division of Highways to name bridge number 23-10-9.00 on State Route 10 at Man, Logan County, West Virginia the "PFC Franklin L. Conn 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. 25--Requesting the Division of Highways to name bridge number 23-10-8.26 on old State Route 10 in Man, Logan County, West Virginia the "PFC Clarence Ellis 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. 27--Requesting the Division of Highways to name the bridge in Fayette County on County Route 21/18 and crossing State Route 19 North, bridge number 10-21/18-0.94, as the "Sergeant Shirley W. O'Boyle 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. 32--Requesting the Division of Highways to name bridge number 23-11/2-0.01 on County Route 11/2 at Bruno, Logan County, West Virginia the "LCPL Dale A. Griffin 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. 70--Requesting the Division of Highways name the bridge over Elk River on U. S. Route 114 at Big Chimney in Kanawha County, specifically bridge number 20-114-6.60, the "Jerry Alan Jones Memorial Bridge".
Referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the fourth order of business.
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. 336, Authorizing Division of Wildlife Resources recover possession or restitution value of certain wild animals.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 336 (originating in the Committee on Natural Resources)--A Bill to amend and reenact §20-2- 5a of the Code of West Virginia, 1931, as amended, relating to forfeiture by persons causing injury or death to game or protected species of animal; adding additional replacement value for antlered deer based upon antler spread; and clarifying forfeiture procedures and costs.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
John Pat Fanning,
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
Com. Sub. for Senate Bill No. 396 (originating in the Committee on Transportation and Infrastructure), Updating commercial driver's license requirements.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 396 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §17B-2-1a, §17B-2-4 and §17B-2-5a of the Code of West Virginia, 1931, as amended; and to amend and reenact §17E-1-3, §17E-1-4, §17E-1-6, §17E-1-7, §17E-1-12, §17E-1-13 and §17E-1-25 of said code, all relating to the issuance of driver's licenses; conducting background checks for employees involved in the issuance of driver's licenses; surrendering driver's licenses; suspending commercial driver's licenses; adding definitions; clarifying requirements for school bus drivers; and updating the criteria for issuance, renewal, disqualification, surrender, reinstatement and maintenance of a commercial driver's license.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 398 (originating in the Committee on the Judiciary), Prohibiting landfill disposal of certain electronic devices.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 398 (originating in the Committee on Finance)--A Bill to amend and reenact §22-15A- 22 of the Code of West Virginia, 1931, as amended, relating to prohibiting disposal of certain electronics in landfills.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 442, Clarifying PEIA Finance Board may offset certain annual retiree premium increases.
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,
Dan Foster,
Chair.
The bill, 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
Com. Sub. for Senate Bill No. 446, Clarifying deceased public employees' survivors participate in comprehensive group health insurance plans only.
And,
Senate Bill No. 602, Repealing outdated and obsolete sections of tax code.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 471, Increasing circuit clerks' copying charge.
And,
Senate Bill No. 553, Extending time to purchase full service credit in Teachers' Defined Contribution Retirement System.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
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. 508, Transferring certain powers from DNR to Division of Forestry.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 508 (originating in the Committee on Natural Resources)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1A-6, relating to recovering costs by the Division of Forestry for assisting private landowners with timber sale preparation.
With the recommendation that the committee substitute do pass; but with the further recommendation that it first be referred to the Committee on Finance; and then, under the original double committee reference, to the Committee on Government Organization.
Respectfully submitted,
John Pat Fanning,
Chair.
On motion of Senator Fanning, the bill (Com. Sub. for S. B. No. 508) contained in the foregoing report from the Committee on Natural Resources was referred to the Committee on Finance; and then, under the original double committee reference, to the Committee on Government Organization.
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. 509, Requiring DEP monitor certain litigation.
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 Energy, Industry and Mining.
Respectfully submitted,
John Pat Fanning,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Energy, Industry and Mining.
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. 526, Finding and declaring certain claims against state.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
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 Bill No. 606, Creating WV Ski Resort Industry Commission.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 606 (originating in the Committee on Economic Development)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-29-1, §29-29-2, §29-29-3, §29-29-4, §29-29-5, §29- 29-6 and §29-29-7, all relating to creating the West Virginia Ski Resort Industry Commission to promote the continued development of the state's ski resort industry.
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,
Richard Browning,
Chair.
The bill (Com. Sub. for S. B. No. 606), under the original double committee reference, was then referred to the Committee on Finance.
Senator White, from the Committee on Agriculture, submitted the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Bill No. 695 (originating in the Committee on Agriculture)--A Bill to amend and reenact §19-20A-2 of the Code of West Virginia, 1931, as amended, relating to vaccinating dogs and cats for rabies every three years; vaccinating dogs and cats entering the state; and providing for the appointment of a qualified person to vaccinate by the county health department when there is no licensed veterinarian in the county.
And reports the same back with the recommendation that it do pass; but with the further recommendation that it first be referred to the Committee on the Judiciary.
Respectfully submitted,
C. Randy White,
Chair.
On motion of Senator White, the bill (S. B. No. 695) contained in the foregoing report from the Committee on Agriculture 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 Concurrent Resolution No. 31, Requesting Joint Committee on Government and Finance study tourism industry development.
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 Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 4309, Authorizing the Town of Moorefield, the Hardy County Commission, and Hardy County's largest corporate user of public wastewater facilities to construct and maintain a state of the art regional wastewater treatment plant.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Chafin, unanimous consent being granted, the bill (Eng. H. B. No. 4309) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, 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, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 4309) was then 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, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4309) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, 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)--33.
The nays were: None.
Absent: Caruth--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4309) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
The Senate proceeded to the sixth order of business.
Senators Stollings, Prezioso, Chafin and Plymale offered the following resolution:
Senate Concurrent Resolution No. 34--Requesting the Division of Highways name bridge number 50-152-40.39, in Wayne County, the "Perdue Brothers Memorial Bridge WWII Vets Walter, Riley, James, Norman, Omer, Earl".
Whereas, Walter Perdue, Riley Perdue, James Perdue, Norman Perdue, Omer Perdue and Earl Perdue were brothers from Wayne County; and
Whereas, All six Perdue brothers served in the U. S. Armed Forces during the World War II; and
Whereas, Omer Perdue lost his life during the Battle of the Bulge on December 23, 1944; and
Whereas, The other five brothers have since passed away; and
Whereas, It is fitting, to honor Walter Perdue, Riley Perdue, James Perdue, Norman Perdue, Omer Perdue and Earl Perdue for their service to their community, their state and their country by naming bridge number 50-152-40.39, in Wayne County, the "Perdue Brothers Memorial Bridge WWII Vets Walter, Riley, James, Norman, Omer, Earl"; therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways name bridge number 50-152-40.39, in Wayne County, the "Perdue Brothers Memorial Bridge WWII Vets Walter, Riley, James, Norman, Omer, Earl"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Perdue Brothers Memorial Bridge WWII Vets Walter, Riley, James, Norman, Omer, Earl"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and to the Perdue brothers' last surviving sibling, their sister Ruby Perdue Steffen.
Which, under the rules, lies over one day.
Senator Chafin offered the following resolution:
Senate Concurrent Resolution No. 35--Requesting the Division of Highways name bridge number 30-3-5-3.01, located in Mingo County, the "Virgil and Marcella Faye Marcum Memorial Bridge".
Whereas, Virgil Marcum was born January 12, 1926, in Mingo County, West Virginia; and
Whereas, Virgil Marcum served his country admirably in the United States Navy in World War II from 1944 to 1946; and
Whereas, Virgil Marcum, after being honorably discharged from the Navy, worked in the mining and lumber industry for nearly 57 years; and
Whereas, Marcella Faye Marcum was born January 19, 1927, in Wayne County, West Virginia; and
Whereas, Marcella Faye Marcum was a business owner for more than 50 years and was devoted to helping less fortunate people in her community and especially children; and
Whereas, Virgil and Marcella Faye Marcum were married on November 3, 1947, and shared the joy of having four children, Sadie, Harriet, Lonnie and Shennie, and raised them in Breeden, West Virginia; and
Whereas, Sadly, Virgil Marcum passed away, and Marcella Faye Marcum departed this life on July 5, 2002, leaving behind a grateful family and community; and
Whereas, It is fitting, to honor the memory of Virgil and Marcella Faye Marcum, who served their community and state honorably, by naming bridge number 30-3-5-3.01, located in Mingo County, the "Virgil and Marcella Faye Marcum Memorial Bridge"; therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways name bridge number 30-3-5-3.01, located in Mingo County, the "Virgil and Marcella Faye Marcum Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Virgil and Marcella Faye Marcum Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of Virgil and Marcella Faye Marcum.
Which, under the rules, lies over one day.
Senators Stollings and Plymale offered the following resolution:
Senate Concurrent Resolution No. 36--Requesting the Division of Highways name bridge number 03-85-27.81, located in Boone County, the "Kevin Lee Ball Memorial Bridge".
Whereas, Kevin Lee Ball was born October 4, 1986, and was a resident of Van, Boone County, West Virginia; and
Whereas, Kevin Lee Ball was the son of Kenneth Lee Ball and Brenda Sue Price, both of Robinson, West Virginia, and the older brother of David Lee Ball; and
Whereas, Kevin Lee Ball was the grandson of Carolyn Jordan and Danny Lee Ball, of Robinson, West Virginia, and Lora Jean Smith and the late Bobby Smith, of Madison, West Virginia; and
Whereas, Kevin Lee Ball was a graduate of Van High School and was named Homecoming King his senior year; and
Whereas, Kevin Lee Ball was a dedicated public servant, serving the community of Chapmanville, West Virginia, as a police officer; and
Whereas, Sadly, Kevin Lee Ball lost his life in a motorcycle accident on June 30, 2007, tragically bring an end to young life that was full of promise; and
Whereas, Kevin Lee Ball left behind a host of family and friends, all of whom miss him dearly; and
Whereas, It is fitting, to honor the memory of Kevin Lee Ball, who served his community and state honorably, by naming bridge number 03-85-27.81, located in Boone County, the "Kevin Lee Ball Memorial Bridge"; therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways name bridge number 03-85-27.81, located in Boone County, the "Kevin Lee Ball Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Kevin Lee Ball Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of Kevin Lee Ball.
Which, under the rules, lies over one day.
Senators Snyder, Unger and Browning offered the following resolution:
Senate Concurrent Resolution No. 37--Requesting the Joint Committee on Government and Finance to study the Division of Highways' county highway formula and determine a better means for allocating resources and moneys to the vastly different areas throughout the state.
Whereas, The Division of Highways currently allocates its resources and money according to the county highway formula, which is calculated based on miles per lane of road receiving snow removal and ice control treatment; and
Whereas, The Legislature of West Virginia is mindful of the financial constraints the Division of Highways faces on a yearly basis and how those constraints are exacerbated in years of extreme weather; and
Whereas, The current economy and recent laws have decreased the fuel tax, vehicle registration and other licensing fees which have depleted the Division of Highways budget even further; and
Whereas, The oversight, hard work and management by everyone at the Division of Highways has helped to improve the roads and highways in the State of West Virginia; and
Whereas, All fifty-five counties deserve an adequate level of service which may be better served by a new formula that is based on more than lanes per mile of road; and
Whereas, A better indicator of where the Division of Highways should allocate its physical resources and money would be to add factors which should include, but not be limited to, traffic and truck counts, elevation and geology of the soil; and
Whereas, The Division of Highways funding is diminishing and new revenue sources are required to continue to maintain roadway and bridge design, construction and maintenance; and
Whereas, A new county highway formula would facilitate an adequate level of service to all counties in the state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the Division of Highways' funding sources in addition to the county highway formula and determine a better means for allocating resources and moneys to the vastly different areas throughout the state.
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2011, 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.
Which, under the rules, lies over one day.
Senators Unger, Green, Plymale and White offered the following resolution:
Senate Concurrent Resolution No. 38--Requesting the Joint Committee on Government and Finance study alternative fuels and energy consumption relating to vehicular transportation.
Whereas, West Virginia is an energy producing state with facilities that can serve as a backbone for alternative fuel vehicles; and
Whereas, Energy consumption related to vehicular transportation has a profound effect on West Virginia's economy; and
Whereas, West Virginia is engaged in the export of natural resources used as energy, it is incumbent that the Legislature assist in the development of value added uses for homegrown energy; and
Whereas, Energy and vehicular design are the subject of various research projects at West Virginia University and Marshall University, and the universities' research should be included in this study; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study alternative fuels and energy consumption related to vehicular transportation on West Virginia's economy; and, be it
Further Resolved, That the Joint Committee on Government and Finance seek input from state agencies and private industry on alternative fuels and energy consumption related to vehicular transportation; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2011, 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.
Which, under the rules, lies over one day.
Senators Prezioso, Palumbo, Unger, Plymale and Oliverio offered the following resolution:
Senate Concurrent Resolution No. 39--Requesting the Joint Committee on Government and Finance to study how tobacco related taxes can be used for innovative research and discovery needed to address West Virginia's tobacco problem and increase the WVU Mary Babb Randolph Cancer Center's competitiveness for National Cancer Institute designation.
Whereas, West Virginia has the highest consumption of tobacco in the United States and the fourth highest cancer mortality in the nation, including 3,800 smoking-related deaths and over 9,000 residents diagnosed with cancer annually; and
Whereas, It is estimated that a tobacco tax increase from West Virginia's current levels to the national average for state excise taxes will generate over $100 million in additional annual revenue for several years. Every state that increases tobacco taxes has experienced increases in revenue with simultaneous reductions in tobacco use. West Virginia spends $7 million on smoking prevention and cessation, while less than one percent is used for cancer- related research. West Virginia can optimize effective tobacco prevention while discovering and testing new therapies for those already stricken by tobacco related cancers; and
Whereas, Every state bordering West Virginia, except Kentucky, has at least two National Cancer Institute designated centers. Funding of efforts to further prevention discovery, diagnosis and treatment discovery, and innovative tobacco cessation clinics will increase the WVU Mary Babb Randolph Cancer Center's competitiveness for National Cancer Institute designation. The WVU Mary Babb Randolph Cancer Center is the only nationally recognized tobacco cessation research program in West Virginia. National Cancer Institute centers attract high quality researchers and clinicians. Research grants and economic development and investment in research will expedite a National Cancer Institute designation assuring that West Virginia will benefit from cancer prevention, improved health outcomes and a lowered economic burden of health care for our state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study how tobacco related taxes can be used for innovative research and discovery needed to address West Virginia's tobacco problem and increase the WVU Mary Babb Randolph Cancer Center's competitiveness for National Cancer Institute designation; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2011, 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.
Which, under the rules, lies over one day.
Senators Bowman, Jenkins, Palumbo, Browning, Unger, Stollings, Plymale, White, Williams, Oliverio, Yost, Minard, Kessler, Foster and McCabe offered the following resolution:
Senate Resolution No. 35--Designating February 23, 2010, as "Community Action Day".
Whereas, Community action agencies in the Mountain State work to assist low-income West Virginians; and
Whereas, Community action agencies try to find the causes of poverty and how to achieve self-sufficiency; and
Whereas, Community action agencies have been serving low- income families throughout our 55 counties for more than 40 years; and
Whereas, Community action agencies conduct programs to meet the needs of low-income West Virginians; and
Whereas, These programs consist of Head Start, weatherization, housing, energy assistance, home rehabilitation, job training and placement, nutrition for the elderly and children, counseling, health, education welfare reform, family mentoring and many others; and
Whereas, Community action agencies, in partnerships with elected officials, the private sector and citizens of West Virginia, continue to identify low-income conditions and pursue solutions; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 23, 2010, as "Community Action Day"; and, be it
Further Resolved, That the Senate invites all members of the West Virginia Legislature and all citizens of West Virginia to join in recognizing the value and importance of community action programs in West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia Community Action Partnership.
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, Prezioso, Williams, Jenkins, Palumbo, Browning, Unger, Laird, Stollings, Plymale, White, Yost, Minard, Kessler, Foster, Edgell and McCabe offered the following resolution:
Senate Resolution No. 36--Designating February 23, 2010, as "West Virginia University and West Virginia University Extension Service Day".

Whereas, West Virginia University's thirteen schools and colleges and other units are focused on the people of West Virginia and consider service, ranging from medical clinics, legal assistance and mine safety classes to student volunteer projects, to be an essential element of fulfilling their fourfold mission of teaching, research, service and technology; and
Whereas, West Virginia University's impact reaches across the state, generating four billion dollars annually in the economy of West Virginia; and
Whereas, West Virginia University is building a bridge to the future as it educates 32,000 students who are the next generation of leaders; and
Whereas, The West Virginia University Extension Service is the "front porch" of West Virginia University with offices in all 55 counties of our state, offering residents a trusted source of information to help improve their lives and communities; and
Whereas, The West Virginia University Extension Service conducts the 4-H youth development program, the state's largest youth organization. More than 7,000 adult volunteers assist 80,860 youths in learning leadership, citizenship and life skills through local groups and camps in their counties and at the 4-H camp at Jackson's Mill; and
Whereas, Since 1914, West Virginia University Extension Service agents and staff have been knowledgeable, dependable, enthusiastic and effective partners with county commissioners, school administrators, educators, law-enforcement personnel, health providers, miners, farmers, families and civic leaders; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 23, 2010, as "West Virginia University and West Virginia University Extension Service Day"; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the president of West Virginia University, James P. Clement.
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 Kessler, and by unanimous consent, the remarks by Senator Oliverio regarding the adoption of Senate Resolution No. 36 were ordered printed in the Appendix to the Journal.
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, Prezioso, Browning, Palumbo, Laird, Plymale, Williams, Minard, Kessler, Foster, Edgell, McCabe and Stollings offered the following resolution:
Senate Resolution No. 37--Memorializing the life of Fred Schaus, former West Virginia University student, basketball player and coach and distinguished West Virginian.
Whereas, Fred Schaus was born June 30, 1925, in Newark, Ohio and
Whereas, Fred Schaus served his country honorably in the United States Navy; and
Whereas, Fred Schaus attended West Virginia University and earned a bachelor's degree in physical education in 1949, and a master's degree in physical education in 1953; and
Whereas, While a student a West Virginia University, Fred Schaus was a member of the basketball team, an honor student and student body president; and
Whereas, Fred Schaus played professional basketball for the Fort Wayne Pistons and the New York Knickerbockers; and
Whereas, In 1954, Fred Schaus returned to West Virginia University and became the head coach of the basketball team, which at that time included players Jerry West Rod Hundley, Willie Akers and Lloyd Sharrar; and
Whereas, In 1960, Fred Schaus left West Virginia University to coach the Los Angeles Lakers and would become their general manager seven years later; and
Whereas, In 1972, Fred Schaus returned to the collegiate ranks and became the head basketball coach at Purdue University; and
Whereas, In 1981, Fred Schaus returned to his alma mater to take on the role of athletic director; and
Whereas, After a distinguished career at West Virginia University, Fred Schaus was inducted into the West Virginia University School of Physical Education Hall of Fame in 1988, and inducted into the West Virginia University Sports Hall of Fame in 1992; and
Whereas, Fred Schaus was awarded West Virginia University's highest honor for service, the Order of the Vandalia; and
Whereas, Sadly, Fred Schaus passed away on February 10, 2010, bring an end to a storied career and life, one that will never be forgotten in West Virginia University's history; and
Whereas, Fred Schaus was married to his beloved wife Barbara, with whom he shared the joy of having two sons, Jim and John, and six grandchildren; therefore, be it
Resolved by the Senate:
That the Senate hereby memorializes the life of Fred Schaus, former West Virginia University student, basketball player and coach and distinguished West Virginian; and, be it
Further Resolved, That the Senate expresses its deepest sympathy to the family of Fred Schaus on his passing; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the family of Fred Schaus.
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 Kessler, and by unanimous consent, the remarks by Senator Oliverio regarding the adoption of Senate Resolution No. 37 were ordered printed in the Appendix to the Journal.
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 Browning, and by unanimous consent, returned to the second order of business and the introduction of guests.
The Senate again proceeded to the sixth order of business.
Senators Unger, Browning and Plymale offered the following resolution:
Senate Resolution No. 38--Recognizing West Virginia Communication Outreach of Jefferson County.
Whereas, West Virginia Communication Outreach of Jefferson County is an all-volunteer, non-political, non-partisan, non- denominational outreach organization structured to help benefit and increase the communications between Jefferson County residents, local governments and West Virginia state government through fact-finding and information-sharing; and
Whereas, West Virginia Communication Outreach of Jefferson County is committed to developing and continuing to nurture an ongoing direct relationship between the residents of Jefferson County and the state of West Virginia; and
Whereas, West Virginia Communication Outreach of Jefferson County shares information and concerns, likes and dislikes of the people from Jefferson County within both the county and the state; and
Whereas, West Virginia Communication Outreach of Jefferson County meets with West Virginia state legislators and develops relationships between counties to optimize our strengths and strengthen our weaknesses; and
Whereas, West Virginia Communication Outreach of Jefferson County will collect and disseminate information to the residents of Jefferson County through local governments, the media and other outlets; and
Whereas, The first line of order for West Virginia Communication Outreach of Jefferson County will be planning and collaborating with other Jefferson County organizations for Jefferson County Day 2011; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes West Virginia Communication Outreach of Jefferson County; and
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials for West Virginia Communication Outreach of Jefferson County.
At the request of Senator Unger, 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 Jenkins, and by unanimous consent, returned to the second order of business and the introduction of guests.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 33, Requesting DOH name bridge over Peters Creek, Nicholas County, "Homer J. Summers Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 10, Transferring certain cash balances between funds administered by Commissioner of Highways.
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, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 10) 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. 104, Requiring employees selling alcohol take alcohol awareness course.
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, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--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. 104) 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. 122, Increasing mental health treatment refusal age of consent.
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, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 122) 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. 220, Authorizing certain bond issuers receive federal subsidy bond credit payments.
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, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 220) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, 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)--33.
The nays were: None.
Absent: Caruth--1.
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. 220) takes effect from passage.
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. 230, Relating to Board of Optometry.
On third reading, coming up in regular order, with the right having been granted on yesterday, Monday, February 22, 2010, 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, February 22, 2010, was ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 230 was then read a third time and put upon its passage.
Pending extended discussion,
The question being "Shall Engrossed Committee Substitute for Senate Bill No. 230 pass?"
On the passage of the bill, the yeas were: Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Green, Helmick, Kessler, Laird, Minard, Snyder, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--20.
The nays were: Barnes, Boley, Foster, Guills, Hall, Jenkins, McCabe, Oliverio, Palumbo, Plymale, Prezioso, Stollings and Sypolt--13.
Absent: Caruth--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. 230) passed.
On motion of Senator Bowman, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Bill No. 230--A Bill to repeal §30- 8-2a, §30-8-2b, §30-8-3a, §30-8-3b and §30-8-5a of the Code of West Virginia, 1931, as amended; to amend and reenact §30-8-1, §30-8-2, §30-8-3, §30-8-4, §30-8-5, §30-8-6, §30-8-7, §30-8-8, §30-8-9, §30- 8-10 and §30-8-11 of said code; and to amend said code by adding thereto eleven new sections, designated §30-8-12, §30-8-13, §30-8- 14, §30-8-15, §30-8-16, §30-8-17, §30-8-18, §30-8-19, §30-8-20, §30-8-21 and §30-8-22, all relating to the Board of Optometry; prohibiting the practice of optometry without a license; providing other applicable sections; providing definitions; providing for board composition; setting forth the powers and duties of the board; clarifying the rule-making authority; clarifying the scope of practice; establishing expanded authority for injections; continuing a special revenue account; establishing license requirements; providing for licensure for persons licensed in another state; establishing renewal requirements; providing permit requirements; requiring display of license; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; providing criminal penalties; and providing that a single act is evidence of practice.
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 Jenkins, and by unanimous consent, the remarks by Senators Prezioso, Stollings and Bowman regarding the passage of Engrossed Committee Substitute for Senate Bill No. 230 were ordered printed in the Appendix to the Journal.
Eng. Com. Sub. for Senate Bill No. 240, Authorizing Department of Administration promulgate legislative rules.
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, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--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. 240) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, 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)--33.
The nays were: None.
Absent: Caruth--1.
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. 240) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 402, Relating to Supreme Court Justices' election by division.
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, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 402) 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. 443, Requiring certain DUI offenders participate in Motor Vehicle Alcohol Test and Lock Program.
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, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--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. 443) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2010.
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, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
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. 443) takes effect July 1, 2010.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 464, Clarifying Division of Personnel functions.
On third reading, coming up in regular order, was read a third time.
Pending discussion,
Thereafter, at the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. Com. Sub. for Senate Bill No. 465, Relating to utility service disconnection.
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, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--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. 465) 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. 473, Authorizing conservation officers conduct boat safety checks.
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: Boley, Bowman, Browning, Chafin, Edgell, K. Facemyer, Fanning, Foster, Green, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Unger, Wells, White, Yost and Tomblin (Mr. President)--25.
The nays were: Barnes, Deem, D. Facemire, Guills, Hall, Stollings, Sypolt and Williams--8.
Absent: Caruth--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. 473) 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. 477, Creating centralized filing system for legislative 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, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 477) 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. 514, Clarifying certain language in Controlled Substances Monitoring Act.
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, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 514) 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. 41, Relating to community enhancement districts.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 42, Revising Municipal Economic Opportunity Development District 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. 120, Requiring certain students provide dental exam proof.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Education, was reported by the Clerk and adopted:
On page five, section six, line eight, by striking out the words "subsection (a), section four" and inserting in lieu thereof the words "section four-a".
The bill (Com. Sub. for S. B. No. 120), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 128, Relating to Smart 529 college savings plan.
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. 232, Transferring certain requirements for redeeming delinquent land sales from county clerks to State Auditor.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 237, Authorizing issuance of revenue bonds for public projects.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
On page four, section two, line forty-two, after the word "code." by adding the following: Additionally, a public project would include all roads and transportation infrastructure.
The bill (S. B. No. 237), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 345, Requiring telecommunications tax study.
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. 349, Requiring child care centers have written evacuation plan.
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. 352, Creating WV Community Empowerment Transportation 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. 389, Relating to eligibility of certain felons to receive certain federally funded benefits.
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. 390, Clarifying court assesses private investigative and security services regulations violation penalties.
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. 441, Relating to residential solar energy systems tax credit.
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. 490, Relating to domestic violence.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 506, Imposing penalties for falsifying State Police Retirement Fund records.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on Finance, were reported by the Clerk, considered simultaneously, and adopted:
On page two, section fifty-four, lines seven and eight, by striking out the words "as a result" and inserting in lieu thereof the word "convicted";
And,
On page three, section sixteen, lines seven and eight, by striking out the words "as a result" and inserting in lieu thereof the word "convicted".
The bill (S. B. No. 506), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 515, Relating to firearms' purchases and licensing.
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. 435, Relating to speed-detecting device use law.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 453, Providing State Register subscribers electronic format option.
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 Oliverio.
Thereafter, at the request of Senator Jenkins, and by unanimous consent, the remarks by Senator Oliverio were ordered printed in the Appendix to the Journal.
On motion of Senator Chafin, leave of absence for the day was granted Senator Caruth.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Wednesday, February 24, 2010, at 11 a.m.
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