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Senate Journal


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sdj-55th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2009

FIFTY-FIFTH DAY

____________

Charleston, W. Va., Monday, April 6, 2009

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

     Prayer was offered by the Honorable Brooks F. McCabe, Jr., a senator from the seventeenth district.
     Pending the reading of the Journal of Friday, April 3, 2009,
     On motion of Senator Laird, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the second order of business and the introduction of guests.
     The Senate then proceeded to the third order of business.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
     Eng. Com. Sub. for Senate Bill No. 263, Disclosing certain inmates' personal communications.
     On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendment to the bill was reported by the Clerk:
     On page seven, section eighteen, line fifty-two, after the word "inmate" by inserting the words "and there is a reasonable basis to believe that any weapon, drug or other contraband exists in the mail".
     On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.
     Engrossed Committee Substitute for Senate Bill No. 263, as amended by the House of Delegates, was then 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 elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 263) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendments, as to
     Eng. Com. Sub. for Senate Bill No. 307, Creating Maternal Screening Act.
     On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendments to the bill were reported by the Clerk:
     On page three, section two, line twenty-three, by striking out the word "and" and inserting a new subsection, designated subdivision (7), to read as follows:
     "(7) At least one representative of a facility with a level I or II obstetrical unit;";
     And renumbering the remaining subdivision;
     And,
     On page three, section two, after line twenty-four, by adding a new subdivision, designated subdivision (9), to read as follows:
     (9) At least one allopathic or osteopathic physician who is a private provider of maternity services at a facility with a level I or level II obstetrical unit.
     On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
     Engrossed Committee Substitute for Senate Bill No. 307, as amended by the House of Delegates, was then 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 elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 307) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Com. Sub. for Senate Bill No. 321, Modifying certificate of need process.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Com. Sub. for Senate Bill No. 341, Transferring juvenile justice database administration to Supreme Court.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Senate Bill No. 346, Correcting code reference related to bear tagging.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Senate Bill No. 436, Updating terminology relating to surface mining reporting requirements.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Com. Sub. for Senate Bill No. 453, Relating to Public Service Commission service of decisions.
     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. 7--Requesting the Joint Committee on Government and Finance to continue studying the needs, challenges, and issues facing West Virginia veterans returning from recent service and those generations that have served before for the purpose of making recommendations on how the State of West Virginia can better assist them in getting the care and opportunities they deserve.
     Referred to the Committee on Military; and then to the Committee on Rules.
     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. 44--Requesting the Division of Highways name the section of highway from the Clay County, West Virginia, line at Wallback, West Virginia, on Route 36 South, to the junction of Route 4, the Green Beret "SFC Jaime Scott Nicholas Memorial Highway".
     Referred to the Committee on Transportation and Infrastructure.
     The Senate proceeded 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
     Eng. House Bill No. 2536, Adding language that includes railcars and locomotives in the category of railroad property that is illegal to interfere or tamper with.
     And has amended same.
     And,
     Eng. House Bill No. 2964, Relating to issuance of renewal license certificate to motor vehicle dealers.
     And has amended same.
     And reports the same back with the recommendation that they each do pass, as amended; but under the original double committee references first be referred to the Committee on the Judiciary.
                              Respectfully submitted,
                               John R. Unger II,
                               Chair.
     At the request of Senator Unger, unanimous consent being granted, the bills (Eng. H. B. Nos. 2536 and 2964) contained in the preceding report from the Committee on Transportation and Infrastructure were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were then referred to the Committee on the Judiciary, with amendments from the Committee on Transportation and Infrastructure pending.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Eng. Com. Sub. for House Bill No. 2685, Amending the Uniform Principal and Income Act.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended; but under the original triple committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the third committee reference of the bill contained in the foregoing report from the Committee on the Judiciary.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2685) was taken up for immediate consideration, read a first time and ordered to second reading.
     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. Com. Sub. for House Bill No. 3120, Increasing the WV Prosecuting Attorneys Institute's executive council's elected members from five to seven and permitting the appointment of special prosecutors in juvenile delinquency, child abuse or neglect proceedings.
     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,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on the Judiciary.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 3120) was taken up for immediate consideration, read a first time and ordered to second reading.
     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
     Eng. Com. Sub. for House Bill No. 3240, Giving the Commissioner of Motor Vehicles authority to approve all-terrain vehicle rider safety awareness courses.
     And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
                              Respectfully submitted,
                               John R. Unger II,
                               Chair.
     At the request of Senator Unger, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 3240) contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary.
     Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
     Your Committee on Transportation and Infrastructure has had under consideration
     House Concurrent Resolution No. 27, The "Eugene Collins Memorial Bridge".
     And,
     House Concurrent Resolution No. 38, The "Bob W. Bellomy Memorial Bridge".
     And reports the same back with the recommendation that they each be adopted.
                              Respectfully submitted,
                               John R. Unger II,
                               Chair.
     The Senate proceeded to the sixth order of business.
     Senator Unger offered the following resolution:
     Senate Concurrent Resolution No. 56--Requesting the Joint Committee on Government and Finance study methods of increasing funding received by state institutions of higher education through grants.
     Whereas, Numerous agencies and organizations, including the federal government and private foundations, provide billions of dollars annually in funding opportunities specifically targeting institutions of higher education; and
     Whereas, State institutions of higher education may apply for and receive funds to support faculty research, student programs, advanced technologies, laboratory equipment, cyberinfrastructure, curriculum development, teacher training and workforce development; and
     Whereas, State institutions of higher education may not be receiving all of the funding that is available to them due to insufficient resources, knowledge of availability, competitiveness, capacity, concept development or expertise to apply; and
     Whereas, Institutions of higher education in West Virginia rank statistically low in the numbers and dollar amounts of extramural funds awarded nationally; and
     Whereas, Establishing a state-level position to advise and assist state institutions of higher education in applying for grants may be a cost-effective method to increase the funding state institutions of higher education receive through grants; and
     Whereas, There may be other cost-effective measures that could be implemented that would result in an increase in the funding that state institutions of higher education receive through grants and other extramural funding opportunities; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study methods of increasing funding received by state institutions of higher education through grants; 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.
     Which, under the rules, lies over one day.
     Senators Chafin and Fanning offered the following resolution:
     Senate Resolution No. 51--Commemorating the life of Nelson Henry Todd, United States Air Force veteran, civic leader and journalist.
     Whereas, Nelson Henry Todd was born January 11, 1947, in Switzer, Logan County, the son of Mattie Nelms Todd and the late Julis Todd, Sr.; and
     Whereas, Nelson Henry Todd served in the United States Air Force from 1964 until 1986, where he achieved the rank of Master Sergeant; and
     Whereas, Nelson Henry Todd received numerous awards during his 22 years of military service including the National Defense Service Medal, Vietnam Service Medal, AF Longevity Service Award and NCO Professional Military Education; and
     Whereas, Nelson Henry Todd began working at the Welch Daily Newspaper as a reporter in the early 1990s for a brief period of time; and
     Whereas, Nelson Henry Todd served as President of the Maybeury Community Action Group and was an active member of the Mount Moriah Baptist Church, where he served as a deacon and bible study teacher; and
     Whereas, Nelson Henry Todd was a resident of McDowell County for than 30 years, where he dedicated his time and spirit to the community and surrounding areas; and
     Whereas, An exemplary leader, Nelson Henry Todd loved his community and region and worked diligently to bring improvements to West Virginia; and
     Whereas, Sadly, Nelson Henry Todd passed away Monday, March 23, 2009, bring to an end a productive life of public service; and
     Whereas, Nelson Henry Todd will be missed by his loving family and numerous friends and admirers, and he leaves behind not only a legacy of service, but a brighter future for West Virginia; therefore, be it
     Resolved by the Senate:
     That the Senate hereby commemorates the life of Nelson Henry Todd, United States Air Force veteran, civic leader and journalist; and, be it
     Further Resolved, That the Senate expresses its deepest condolences to the family of Nelson Henry Todd; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the family of Nelson Henry Todd.
     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.
     Senators Kessler, Bowman, Oliverio, Prezioso, Tomblin (Mr. President), Barnes, Boley, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Laird, McCabe, Minard, Palumbo, Plymale, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams and Yost offered the following resolution:
     Senate Resolution No. 52--Honoring Ed Pastilong for his leadership and dedication as West Virginia University's athletic director.
     Whereas, During his 20-year tenure, Ed Pastilong has transformed West Virginia University's athletic department into one of the nation's finest, both on and off the playing fields, as it competes in 17 varsity sports; and
     Whereas, Ed Pastilong's leadership and vision has truly helped guide, mold and shape the student-athlete experience at West Virginia University into a positive one; and
     Whereas, Ed Pastilong has spearheaded more than $65 million in facility renovations, overseen the athletic department's budget increase from $11 million to nearly $50 million and founded the athletic endowment fund which has grown to $32 million; and
     Whereas, Under Pastilong's direction, West Virginia University is one of just 19 national Division I athletic programs which regularly finish in the black without burdening the university's academic budget; and
     Whereas, Ed Pastilong initiated the Athletic Directors Academic Honor Roll where more than 3,600 student-athletes have since been recognized for outstanding work in the classroom, and the West Virginia University sports Hall of Fame where 115 former Mountaineers have been honored; and
     Whereas, Under Ed Pastilong's watch, the last six years have arguably been the most successful in the history of West Virginia University athletics; and
     Whereas, Under the leadership of Ed Pastilong, the athletic department has not only been successful on the field, but also in the classroom, where West Virginia is among the conference leaders in Big East Conference Academic All-Stars and CoSIDA Academic All-American and All-District academic honorees; and
     Whereas, It is fitting to honor Ed Pastilong for his achievements as West Virginia University's athletic director; therefore, be it
     Resolved by the Senate:
     That the Senate hereby honors Ed Pastilong for his leadership and dedication as West Virginia University's athletic director; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Ed Pastilong.
     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 Plymale, and by unanimous consent, the remarks by Senators Kessler and Bowman regarding the adoption of Senate Resolution No. 52 were ordered printed in the Appendix to the Journal.
     At the request of Senator Bowman, unanimous consent being granted, the remarks by Senators Stollings, Edgell and Minard regarding the adoption of Senate Resolution No. 52 were ordered printed in the Appendix to the Journal.
     At the request of Senator Prezioso, and by unanimous consent, the remarks by Senators Deem and Oliverio regarding the adoption of Senate Resolution No. 52 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 Chafin, and by unanimous consent, returned to the fourth order of business.
     Senator Tomblin (Mr. President), from the Committee on Rules, submitted the following report, which was received:
     Your Committee on Rules has had under consideration
     Senate Concurrent Resolution No. 4, Requesting Joint Committee on Government and Finance study gray energy research benefits.
     Senate Concurrent Resolution No. 5, Requesting Joint Committee on Government and Finance study deer/vehicle collision.
     Senate Concurrent Resolution No. 21, Requesting Joint Committee on Government and Finance study reclassifying counties.
     Com. Sub. for Senate Concurrent Resolution No. 24, Requesting Joint Committee on Government and Finance study implementing year-round school.
     Senate Concurrent Resolution No. 31, Requesting Joint Committee on Government and Finance study mountaintop removal site uses.
     Senate Concurrent Resolution No. 36, Requesting Joint Committee on Government and Finance create joint interim committee to study various higher education personnel administration and flexibility issues.
     Senate Concurrent Resolution No. 49, Requesting Joint Committee on Government and Finance study benefits of establishing charter schools.
     Senate Concurrent Resolution No. 53, Requesting Joint Committee on Government and Finance study State Rail Plan.
     Senate Concurrent Resolution No. 54, Requesting Joint Committee on Government and Finance study green initiatives.
     And,
     Senate Concurrent Resolution No. 55, Requesting Joint Committee on Government and Finance study regulating railroad walkways.
     And reports the same back with the recommendation that they each be adopted.
                              Respectfully submitted,
                               Earl Ray Tomblin,
                               Chairman ex officio.
     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. 57 (originating in the Committee on Energy, Industry and Mining)--Requesting the Joint Committee on Government and Finance study a proposed new state business and occupation tax on high-voltage electric power transmission lines.
     Whereas, The constitutionality of Senate Bill No. 505 or House Bill No. 3000 introduced in the 2009 regular session of the West Virginia Legislature or similar bills in the near future, if passed, will likely be challenged in federal court as an unlawful restraint on interstate commerce; and
     Whereas, The proposed TrAIL line subject to the proposed West Virginia business and occupation tax would not be operational before 2011 and the proposed PATH line subject to the proposed West Virginia business and occupation tax would not be operational before 2013 and, consequently, the Legislature has adequate time to fully study the implications of a proposed new West Virginia business and occupation tax on high-voltage electric power transmission; and
     Whereas, Any new state tax on high-voltage interstate transmission lines regulated under federal Energy Regulatory Commission (FERC) rate tariffs may be interpreted by other states in the PJM Interconnection as an attempt by the State of West Virginia to circumvent the FERC rate regime and would prompt retaliatory impositions of taxes on those lines by other states; and
     Whereas, West Virginia ratepayers would bear the burden of the initial cost of those extra high-voltage transmission lines, the taxes imposed by Senate Bill No. 505 or House Bill No. 3000 and the retaliatory taxes imposed by other states; and
     Whereas, The United States Court of Appeals for the Fourth Circuit has determined that FERC may not assert federal eminent domain power if the West Virginia Public Service Commission declines to issue a certificate of need for an interstate high- voltage transmission line regulated by FERC; and
     Whereas, The current certificate of need application process at the West Virginia Public Service Commission does not take into account the full range of direct and indirect impacts of the siting of high-voltage transmission lines as defined in Senate Bill No. 505 and House Bill No. 3000; and
     Whereas, Current and future developments in conservation, demand-side management and increased power generation capacity in the eastern sector of the PJM Interconnection may render the need for the PATH and TrAIL transmission lines obsolete; and
     Whereas, State governments and public utility regulators in the eastern end of the PJM Interconnection are challenging FERC mandates to financially support interstate transmission lines such as PATH and TrAIL; and
     Whereas, The West Virginia Legislature needs a thorough investigation of the current status of national, regional and state policy and financial implications of high-voltage transmission lines as defined in Senate Bill No. 505 and House Bill No. 3000 before acting unilaterally to impose a special new West Virginia business and occupation tax on these high-voltage electric power transmission lines; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study a proposed new state business and occupation tax on high-voltage electric power transmission lines; and, be it
     Further Resolved, That the Joint Committee on Government and Finance may seek input from experts and other resources appropriate to these studies; 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 it be adopted.
                              Respectfully submitted,
                               John R. Unger II,
                               Chair.
     Senator Green, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
     Your Committee on Energy, Industry and Mining has had under consideration
     Senate Concurrent Resolution No. 58 (originating in the Committee on Energy, Industry and Mining)--Requesting the Joint Committee on Government and Finance study the potential effects of repealing the ban on the construction of nuclear power plants in the State of West Virginia.
     Whereas, An effective ban on the construction of nuclear power plants in the State of West Virginia exists in article twenty- seven-a, chapter sixteen of the Code of West Virginia, 1931, as amended; and
     Whereas, Recently elected and appointed federal leaders have determined that a major policy initiative of the new administration is to further diversify the nation's energy portfolio to include alternative sources of energy, to reduce carbon emissions into the environment and to create new jobs and businesses related to these efforts; and
     Whereas, The United States Department of Energy has implemented a small-scale, clean-energy federal loan guarantee program to encourage investment of capital into nuclear power plants; and
     Whereas, Nuclear power accounts for roughly 19 percent of the total net electricity generated in the United States and 74 percent of the United States' carbon-free electricity; and
     Whereas; West Virginia desires to diversify its energy portfolio to include alternative energies in order to create new jobs and stimulate the economy in West Virginia; and
     Whereas, Nuclear power has proven to be a reliable alternative source of energy to meet increasing demand for electricity without adversely affecting air quality, global warming and public health; and
     Whereas, Nuclear power would assist West Virginia in remaining, over the long term, a net exporter of electricity and help maintain its preeminent position as an energy leader; and
     Whereas, Nuclear power promotes economic development through the creation of jobs and tax revenues and the availability of a stable and reliable source of energy; and
     Whereas, During construction, a nuclear power plant will provide approximately 2,500 jobs and the average nuclear power plant employs 400-700 people at average salaries substantially higher than the average salary in West Virginia; and
     Whereas, A thorough study is necessary to determine the effects of repealing West Virginia's nuclear power plant construction ban that is, in effect, inconsistent with West Virginia's desire to maintain its preeminent position as a national energy leader; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the effects of potentially repealing the ban on constructing nuclear power plants in the State of West Virginia; 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 it be adopted.
                              Respectfully submitted,
                               Mike Green,
                               Chair.
     Senator Green, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
     Your Committee on Energy, Industry and Mining has had under consideration
     Senate Concurrent Resolution No. 59 (originating in the Committee on Energy, Industry and Mining)--Requesting the Joint Committee on Government and Finance study improving and updating West Virginia's severance tax on natural gas and oil.
     Whereas, Currently the producer, or severer, of natural gas or oil remits the severance tax to the state; and
     Whereas, Opportunities for improved efficiency in administration of the severance tax on natural gas or oil may exist if severance taxes are remitted by the first purchaser of natural gas or oil after the gas or oil has been severed, rather than remitted by the producer; and
     Whereas, Neighboring states provide that the severance tax on natural gas and oil be remitted by the first purchaser; and
     Whereas, An increase in the collection of severance taxes may occur through the elimination of certain severance tax provisions, including the exemption on low-producing wells and the $500 per taxpayer tax credit; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study improving and updating West Virginia's severance tax on natural gas and oil; and, be it
     Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study the impact of the elimination of certain credits and exemptions relating to the severance tax on natural gas and oil, including the low-producing well exemption and the $500 per taxpayer credit; 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 it be adopted.
                              Respectfully submitted,
                               Mike Green,
                               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. 60 (originating in the Committee on Economic Development)--Requesting the Joint Committee on Government and Finance study the implementation and administration of grants for economic development, infrastructure and capital improvement through the West Virginia Economic Development Grant Committee.
     Whereas, In 2002, House Bill No. 4005 established the West Virginia Economic Development Grant Committee to authorize bonds through the Economic Development Authority from excess state lottery revenue to award 48 grants to public entities throughout the state for economic development projects; and
     Whereas, On January 29, 2004, the Economic Development Authority issued $249,895,000 in lottery revenue bonds to fund the various grants approved though the selection process of the grant committee; and
     Whereas, The grant committee is no longer a functioning entity and the Economic Development Authority is now administering disbursements to projects previously approved; and
     Whereas, As of February 28, 2009, 95.7 percent of the total amount of approved grants has been disbursed and $2,387,771.09 remains in the Economic Development Projects Bridge Loan Fund; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the implementation and administration of grants for economic development, infrastructure and capital improvement through the West Virginia Economic Development Grant Committee; and, be it
     Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study ways to allocate and distribute public funds for economic development, infrastructure and capital improvement projects, in as efficient and effective method as possible to maximize the use of such funds, and to review the 48 projects selected by the grant committee to determine whether the projects achieved the economic development results as contemplated by the enabling legislation; and, be it
     Further Resolved, That the Joint Committee on Government and Finance engage the services and expertise of a consultant for business and economic research to assist in this comprehensive 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.
     And reports the same back with the recommendation that it be adopted.
                              Respectfully submitted,
                               Richard Browning,
                               Chair.
     Senator Chafin announced that in the meeting of the Committee on Rules previously held, the committee, in accordance with rule number seventeen of the Rules of the Senate, had removed from the Senate second reading calendar, Engrossed House Bill No. 2734 and Engrossed Committee Substitute for House Bill No. 3275.
     The Senate proceeded to the eighth order of business.
     Eng. Com. Sub. for House Bill No. 2904, Authorizing rules for higher education.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2904) 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, 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)--34.
     The nays were: None.
     Absent: None.
     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 H. B. No. 2904) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     The Senate proceeded to the ninth order of business.
     Eng. House Bill No. 2069, Increasing the faculty senate allotment for classroom teachers and librarians.
     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:
     By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 5A. LOCAL SCHOOL INVOLVEMENT.
§18-5A-5. Public school faculty senates established; election of officers; powers and duties.

     (a) There is established at every public school in this state a faculty senate which is comprised of all permanent, full-time professional educators employed at the school who shall all be voting members. Professional educators, as used in this section, means professional educators as defined in chapter eighteen-a of this code. A quorum of more than one half of the voting members of the faculty shall be present at any meeting of the faculty senate at which official business is conducted. Prior to the beginning of the instructional term each year, but within the employment term, the principal shall convene a meeting of the faculty senate to elect a chair, vice chair and secretary and discuss matters relevant to the beginning of the school year. The vice chair shall preside at meetings when the chair is absent. Meetings of the faculty senate shall be held during the times provided in accordance with subdivision (12), subsection (b) of this section as determined by the faculty senate. Emergency meetings may be held during noninstructional time at the call of the chair or a majority of the voting members by petition submitted to the chair and vice chair. An agenda of matters to be considered at a scheduled meeting of the faculty senate shall be available to the members at least two employment days prior to the meeting. For emergency meetings the agenda shall be available as soon as possible prior to the meeting. The chair of the faculty senate may appoint such any committees as may be desirable necessary to study and submit recommendations to the full faculty senate, but the acts of the faculty senate shall be voted upon by the full body.
     (b) In addition to any other powers and duties conferred by law, or authorized by policies adopted by the state or county board of education or bylaws which may be adopted by the faculty senate not inconsistent with law, the powers and duties listed in this subsection are specifically reserved for the faculty senate. The intent of these provisions is neither to restrict nor to require the activities of every faculty senate to the enumerated items except as otherwise stated. Each faculty senate shall organize its activities as it deems determines most effective and efficient based on school size, departmental structure and other relevant factors.
     (1) Each faculty senate shall control funds allocated to the school from legislative appropriations pursuant to section nine, article nine-a of this chapter. From such those funds, each classroom teacher and librarian shall be allotted fifty dollars at least $100 for expenditure during the instructional year for academic materials, supplies or equipment which, in the judgment of the teacher or librarian, will assist him or her in providing instruction in his or her assigned academic subjects or shall be returned to the faculty senate: Provided, That nothing contained herein in this subdivision prohibits the funds from being used for programs and materials that, in the opinion of the teacher, enhance student behavior, increase academic achievement, improve self-esteem and address the problems of students at-risk. The remainder of funds shall be expended for academic materials, supplies or equipment in accordance with a budget approved by the faculty senate. Notwithstanding any other provisions of the law to the contrary, funds not expended in one school year are available for expenditure in the next school year: Provided, however, That the amount of county funds budgeted in a fiscal year may not be reduced throughout the year as a result of the faculty appropriations in the same fiscal year for such the materials, supplies and equipment. Accounts shall be maintained of the allocations and expenditures of such the funds for the purpose of financial audit. Academic materials, supplies or equipment shall be interpreted broadly, but does not include materials, supplies or equipment which will be used in or connected with interscholastic athletic events.
     (2) A faculty senate may establish a process for faculty members to interview new prospective professional educators and paraprofessional employees at the school and submit recommendations regarding employment to the principal, who also may also make independent recommendations, for submission to the county superintendent: Provided, That such the process shall be chaired by the school principal and must permit the timely employment of persons to perform necessary duties.
     (3) A faculty senate may nominate teachers for recognition as outstanding teachers under state and local teacher recognition programs and other personnel at the school, including parents, for recognition under other appropriate recognition programs and may establish such appropriate recognition programs for operation at the school.
     (4) A faculty senate may submit recommendations to the principal regarding the assignment scheduling of secretaries, clerks, aides and paraprofessionals at the school.
     (5) A faculty senate may submit recommendations to the principal regarding establishment of the master curriculum schedule for the next ensuing school year.
     (6) A faculty senate may establish a process for the review and comment on sabbatical leave requests submitted by employees at the school pursuant to section eleven, article two of this chapter.
     (7) Each faculty senate shall elect three faculty representatives to the local school improvement council established pursuant to section two of this article.
     (8) Each faculty senate may nominate a member for election to the county staff development council pursuant to section eight, article three, chapter eighteen-a of this code.
     (9) Each faculty senate shall have an opportunity to make recommendations on the selection of faculty to serve as mentors for beginning teachers under beginning teacher internship programs at the school.
     (10) A faculty senate may solicit, accept and expend any grants, gifts, bequests, donations and any other funds made available to the faculty senate: Provided, That the faculty senate shall select a member who has the duty of maintaining a record of all funds received and expended by the faculty senate. which The record shall be kept in the school office and is subject to normal auditing procedures.
     (11) Any faculty senate may review the evaluation procedure as conducted in their its school to ascertain whether the evaluations were conducted in accordance with the written system required pursuant to section twelve, article two, chapter eighteen-a of this code and the general intent of this Legislature regarding meaningful performance evaluations of school personnel. If a majority of members of the faculty senate determine that such the evaluations were not so conducted, they shall submit a report in writing to the State Board: of Education Provided, That nothing herein in this subdivision creates any new right of access to or review of any individual's evaluations.
     (12) A local board shall provide to each faculty senate a two-hour block of time for a faculty senate meeting on a day scheduled for the opening of school prior to the beginning of the instructional term, and a two-hour block of time on each instructional support and enhancement day scheduled by the board for instructional activities for students and professional activities for teachers pursuant to section forty-five, article five of this chapter during an instructional day in each of the months of September, November, January, March and May. A faculty senate may meet for an unlimited block of time per month during noninstructional days to discuss and plan strategies to improve student instruction and to conduct other faculty senate business. A faculty senate meeting scheduled on a noninstructional day shall be considered as part of the purpose for which the noninstructional day is scheduled. This time may be utilized used and determined at the local school level and includes, but is not limited to, faculty senate meetings.
     (13) Each faculty senate shall develop a strategic plan to manage the integration of special needs students into the regular classroom at their respective schools and submit the strategic plan to the superintendent of the county board of education periodically pursuant to guidelines developed by the State Department of Education. Each faculty senate shall encourage the participation of local school improvement councils, parents and the community at large in developing the strategic plan for each school.
     Each strategic plan developed by the faculty senate shall include at least: (A) A mission statement; (B) goals; (C) needs; (D) objectives and activities to implement plans relating to each goal; (E) work in progress to implement the strategic plan; (F) guidelines for placing additional staff into integrated classrooms to meet the needs of exceptional needs students without diminishing the services rendered to the other students in integrated classrooms; (G) guidelines for implementation of collaborative planning and instruction; and (H) training for all regular classroom teachers who serve students with exceptional needs in integrated classrooms.

     The bill (Eng. H. B. No. 2069), as amended, was then ordered to third reading.
     Eng. Com. Sub. for House Bill No. 2225, Authorizing the Department of Education and the Arts to Promulgate Legislative Rules.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. Com. Sub. for House Bill No. 2305, Revising appointment and compensation provisions of the Supreme Court Clerk and his or her staff.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 2404, Relating to inmate reimbursement for medical services provided to persons held in regional jails.
     On second reading, coming up in regular order, was read a second time.
     The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY                AUTHORITY.
§31-20-5f. Charges assessed against inmates for services provided   by the authority.
     
(a) The executive director is authorized to assess inmates serving a sentence in any regional jail reasonable charges for health care and treatment services provided to them by the authority. The charges assessed against an inmate may be deducted directly from the inmate's trustee account without the inmate's consent. The inmate shall be notified of the amount deducted and the charges to which it has been applied.
     (b) As used in this section, a "reasonable charge" may not exceed the sum of $5 for any billable service. Inmates shall be notified of the fee schedule, billable services and exempt services. Services initiated by the inmate shall be assessed a fee, except that no charge may be assessed for:
     (1) A specific health care service required under the law of this state;
     (2) An emergency service following a traumatic injury other than a self-induced injury, or necessary to prevent death or severe or permanent disability;
     (3) Diagnosis and treatment of communicable diseases;
     (4) Treatment of diagnosed severe mental illness;
     (5) Treatment of specific chronic conditions identified by the executive director;
     (6) Staff-initiated care, including follow-up and referral visits;
     (7) Preventative services that the executive director determines are to be provided or made available to all inmates, including services related to disease prevention and promotion of proper health habits; or
     (8) Other services as may be exempted by the rule of the authority.
     No inmate may be denied any necessary billable medical service because of the inability to pay the charge.
     (c) Each inmate shall be afforded an opportunity at least quarterly to review all deposits into, withdrawals from and balance remaining in the inmate's trustee account during the preceding three months.
     (d) The executive director shall promulgate interpretive rules implementing this section pursuant to article three, chapter twenty-nine-a of this code prior to making any assessment under this section. The rules may establish the fee schedule and list of billable services and further define services to be exempted.
     The bill (Eng. H. B. No. 2404), as amended, was then ordered to third reading.
     Eng. House Bill No. 2474, Exempting land-based finfish aquaculture facilities from certain sludge management requirements.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 2651, Repealing article regulating male breeding animals.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 2652, Repealing the Tree Fruit Industry Self-Improvement Act of 1984.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. Com. Sub. for House Bill No. 2660, Expanding the definition of limited health care service.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. Com. Sub. for House Bill No. 2702, Relating to the Deputy Sheriff Retirement System Act.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. Com. Sub. for House Bill No. 2703, Relating to the State Teachers Retirement System.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 2734, Relating to minimum guarantees provided to members who elected to transfer from the Teachers' Defined Contribution System to the Teachers' Retirement System.
     Having been removed from the Senate second reading calendar in earlier proceedings today, no further action thereon was taken.
     Eng. Com. Sub. for House Bill No. 2738, Registering protective orders with the West Virginia Supreme Court of Appeals.
     On second reading, coming up in regular order, was read a second time.
     The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     By striking out everything after the enacting clause and inserting in lieu thereof the following:
     That §48-27-802 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §48-28-5 of said code be amended and reenacted; and that §51-1-21 of said code be amended and reenacted, all to read as follows:
CHAPTER 48. DOMESTIC RELATIONS.

ARTICLE 27. PREVENTION AND TREATMENT OF DOMESTIC VIOLENCE.

§48-27-802. Maintenance of registry by State Police.
     (a) The West Virginia State Police shall maintain a registry in which it shall enter certified copies of protective orders entered by courts from every county in this state pursuant to the provisions of this article and of protection orders issued by another a jurisdiction outside of this state pursuant to its law: Provided, That the provisions of this subsection are not effective until a central automated state law-enforcement information system is developed.
     (b) A petitioner who obtains Effective January 2, 2010,
a court which enters a protective order pursuant to this article or shall immediately register such order in the domestic violence database established pursuant to the provisions of section twenty- one, article one, chapter fifty-one of this code. A protected individual who obtains a protection order from another a jurisdiction outside of this State pursuant to its law or his or her representative as provided in section five, article twenty- eight of this chapter may register that order in any county within this state where the petitioner believes enforcement may be necessary: with the West Virginia Supreme Court of Appeals for entry in the domestic violence database established pursuant to the provisions of section twenty-one, article one, chapter fifty-one of this code.
_____
(c) A West Virginia protective order may be registered by the petitioner in a county other than the issuing county by obtaining a copy of the order of the issuing court, certified by the clerk of that court, and presenting that certified order to the local office of the West Virginia State Police where the order is to be registered.
     
(d) Upon receipt of a certified order for registration, the local office of the West Virginia State Police shall provide certified copies to any law-enforcement agency within its jurisdiction, including any municipal police office and the office of the sheriff.
     
(e) Nothing in this section precludes the enforcement of an order in a county other than the county or jurisdiction in which the order was issued if the petitioner has not registered the order in the county in which an alleged violation of the order occurs.
     
(c) Failure to register an order as provided in this section shall not affect its enforceability in any county or jurisdiction.
§48-28-5. Registration of order      (a) Any individual may register a foreign protection order in this state by:      (1) Presenting a certified copy of the order to a local office of the West Virginia state police the West Virginia Supreme Court of Appeals for registration in accordance with the provisions of section eight hundred two, article twenty-seven of this chapter. or
     
(2) Presenting a certified copy of the order to the clerk of the court in which enforcement may be sought and request that the order be forwarded to the West Virginia state police for registration in accordance with the provisions of section eight hundred two, article twenty-seven of this chapter.
     (b) An individual registering a foreign protection order shall file an affidavit by the protected individual stating that, to the best of the protected individual's knowledge, the order is currently in effect.
     (c) Upon receipt of a foreign protection order for registration, the local office of the West Virginia state police West Virginia Supreme Court of Appeals shall:
     (1) Provide certified copies of the order to any law- enforcement agency within its jurisdiction, including any municipal police office and the office of the sheriff;
     
(2) (1) Register the order in accordance with the provisions of this section and of section eight hundred two, article twenty- seven of this chapter;
     (3) (2) Furnish to the individual registering the order a certified copy of the registered order proof of registration of the order.
     (d) A registered foreign protection order that is shown to be inaccurate or not currently in effect must be corrected or removed from the registry.
     (e) A foreign protection order registered under this article may be entered in any existing state or federal registry of protection orders in accordance with applicable law.
     (f) A fee may not be charged for the registration of a foreign protection order.
CHAPTER 51. COURTS AND THEIR OFFICERS.

ARTICLE 1. SUPREME COURT OF APPEALS.
§51-1-21. Authority to maintain domestic violence database.

     (a) The West Virginia Supreme Court of Appeals is hereby authorized to maintain a domestic violence database containing certified copies of protective orders entered by the courts of this state and granted pursuant to the provisions of article twenty- seven, chapter forty-eight of this code. Further, the domestic violence database shall also include, whenever possible, protective
upon request, protection orders issued by other jurisdictions a jurisdiction outside of this state pursuant to its law.
     (b) Only a petitioner protected individual who obtains a protective order pursuant to article twenty-seven, chapter forty- eight of this code, or a protective protection order from another a jurisdiction other than this state pursuant to its law or his or her representative as provided in section five article, twenty- eight of this chapter may register that order with the West Virginia Supreme Court of Appeals.
     (c) Nothing in this section precludes the enforcement of an order in a county other than the county or jurisdiction in which the order was issued if the petitioner has not registered the order with the West Virginia Supreme Court of Appeals. Failure to register an order as provided in this section shall not affect its enforceability in any county or jurisdiction.
     The bill (Eng. Com. Sub. for H. B. No. 2738), as amended, was then ordered to third reading.
     Eng. Com. Sub. for House Bill No. 2742, Repealing outdated provisions from the WV Code relating to vinegars.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. Com. Sub. for House Bill No. 2757, Relating to financial audits of insurers.
     On second reading, coming up in regular order, was read a second time.
     The following amendments to the bill, from the Committee on Banking and Insurance, were reported by the Clerk, considered simultaneously, and adopted:
     On page five, section one, line thirty-two, after the word "report," by inserting the words "communication of internal control-related matters noted in an audit,";
     On page five, section one, after line forty-four, by inserting a new subsection, designated subsection (d), to read as follows:
     (d) Foreign or alien insurers required to file Management's Report of Internal Control over Financial Reporting in another state are exempt from filing the report in this state provided the other state has substantially similar reporting requirements and the report is filed with the commissioner of the other state within the time specified.;
     And relettering the remaining subsection;    
     On page eleven, section two, line ninety, by striking out "10A(I)" and inserting in lieu thereof "10A(i)";
     And,
     On page forty-five, section twelve, line fourteen, by striking out the word "nonaffiliated" and inserting in lieu thereof the word "nonaffiliates".
     The bill (Eng. Com. Sub. for H. B. No. 2757), as amended, was then ordered to third reading.
     Eng. House Bill No. 3066, Clarifying the supervision requirements for elevator apprentices under elevator safety.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. Com. Sub. for House Bill No. 3076, Relating to the regulation and operation of cranes.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. Com. Sub. for House Bill No. 3082, Relating to the gathering and reporting of foreclosure data and statistics.
     On second reading, coming up in regular order, was read a second time.
     The following amendments to the bill, from the Committee on Banking and Insurance, were reported by the Clerk, considered simultaneously, and adopted:
     On page three, section four-c, line seven, by striking out the word "four-b" and inserting in lieu thereof the words "eight-a";
     And,
     On page six, section eight-a, line forty-six, by striking out the following: The banking commissioner shall compile the data monthly.
     The bill (Eng. Com. Sub. for H. B. No. 3082), as amended, was then ordered to third reading.
     Eng. House Bill No. 3189, Adding members to the Capitol Building Commission.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. Com. Sub. for House Bill No. 3208, Including the hours of training county board members have acquired.
     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:
     By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.
§18-2E-4. Better schools accountability; school, school district and statewide school report cards.

     (a) For the purpose of providing information to the parents of public school children and the general public on the quality of education in the public schools which is uniform and comparable between schools within and among the various school districts, the state board shall prepare forms for school, school district and statewide school report cards and shall promulgate rules concerning the collection and reporting of data and the preparation, printing and distribution of report cards under this section. The forms shall provide for brief, concise reporting in nontechnical language of required information. Any technical or explanatory material a county board wishes to include shall be contained in a separate appendix available to the general public upon request.
     (b) The school report cards shall include information as shall be prescribed by lawfully promulgated rule by the state board to give the parents of students at the school and the general public an indication of the quality of education at the school and other programs supportive of community needs, including, but not limited to, the following:
     (1) Indicators of student performance at the school in comparison with the county, state, regional and national student performance, as applicable, including student performance by grade level in the various subjects measured pursuant to a uniform statewide assessment program adopted by the state board; school attendance rates; the percent of students not promoted to next grade; and the graduation rate;
     (2) Indicators of school performance in comparison with the aggregate of all other schools in the county and the state, as applicable, including average class size; percent of enrollments in courses in high school mathematics, science, English and social science; amount of time per day devoted to mathematics, science, English and social science at middle, junior high and high school grade levels; percentage distribution of students by career cluster as indicated on the individualized student transition plan; pupil-teacher ratio; number of exceptions to pupil-teacher ratio requested by the county board and the number of exceptions granted; the number of split-grade classrooms; pupil-administrator ratio; operating expenditure per pupil; county expenditure by fund in graphic display; and the average degree classification and years of experience of the administrators and teachers at the school;
     (3) The names of the members of the local school improvement council, created pursuant to section two, article five-a of this chapter; and
     (4) The name or names of the business partner or partners of the school.
      In addition, every county board shall annually shall determine the number of administrators, classroom teachers and service personnel employed that exceeds the number allowed by the public school support plan and determine the amount of salary supplements that would be available per state authorized employee if all expenditures for the excess employees were converted to annual salaries for state authorized administrators, classroom teachers and service personnel within their county. The information shall be published annually in each school report card of each such county.
     (c) The school district report card shall include the data for each school for each separately listed applicable indicator and the aggregate of the data for all schools, as applicable, in the county for each indicator. The statewide school report card shall include the data for each county for each separately listed indicator and the aggregate for all counties for each indicator.
     (d) The report cards shall be prepared using actual local school, county, state, regional and national data indicating the present performance of the school and shall also shall include the state norms and the upcoming year's targets for the school and the county board.
     The state board shall provide technical assistance to each county board in preparing the school and school district report cards.
     Each county board shall prepare report cards in accordance with the guidelines set forth in this section. The school district report cards shall be presented at a regular school board meeting subject to applicable notice requirements and shall be made available to a newspaper of general circulation serving the district. The school report cards shall be mailed directly to the parent or parents of any each child enrolled in that school. In addition, each county board shall submit the completed report cards to the state board which shall make copies available to any person requesting them.
     The report cards shall be completed and disseminated prior to January 1, 1989, and in each year thereafter, and shall be based upon information for the current school year, or for the most recent school year for which the information is available, in which case the year shall be clearly footnoted.
     (e) In addition to the requirements of subsection (c) of this section, the school district report card shall list the following information:
     (1) The names of the members of the county board, the dates upon which their terms expire and whether they have attended an orientation program for new members approved by the state board and conducted by the West Virginia School Board Association or other approved organizations; and other school board member training programs

_____(2) The number of hours of training that meets state board standards that county board members have received during the school term reported
; and
     (2) (3) The names of the county school superintendent and every assistant and associate superintendent and any training programs related to their area of school administration which they have attended.
     The information shall also shall be reported by district in the statewide school report card.
     (f) The state board shall develop and implement a separate report card for nontraditional public schools pursuant to the appropriate provisions of this section to the extent practicable.
ARTICLE 4. COUNTY SUPERINTENDENT OF SCHOOLS.
§18-4-1. Election and term; interim superintendent.

     (a) The county superintendent shall be appointed by the board upon a majority vote of the members thereof to serve for a term of not less than one, nor more than four years. At the expiration of the term or terms for which he or she shall have been appointed, each county superintendent shall be eligible for reappointment for additional terms of not less than one, nor more than four years. Provided, That at
     
(1) At the expiration of his or her term or terms of service the county superintendent may transfer to any teaching position in the county for which he or she is qualified and has seniority, unless dismissed for statutory reasons.
     (2) The appointment of the county superintendent shall be made on or before between January 1 and June 1 for a term beginning on July 1 following the appointment.
     (b) A county superintendent who fills a vacancy caused by an incomplete term shall be appointed to serve until the following July 1: Provided, however, That the board may appoint an interim county superintendent to serve for a period not to exceed one hundred twenty days from the occurrence of the vacancy. In the event of a vacancy in the superintendent's position that results in an incomplete term, the board may appoint an interim county superintendent:
_____(1) To serve until the following July 1 if the vacancy occurs before March 1.
_____(2) To serve until July 1 of the next following year if the vacancy occurs on or after March 1, unless a superintendent is appointed sooner.
_____(c) If the superintendent becomes incapacitated due to accident or illness to an extent that may lead to prolonged absence, the county board, by unanimous vote, may enter an order declaring that an incapacity exists in which case the county board shall appoint an acting superintendent to serve until a majority of the members of the board determine that the incapacity no longer exists. An acting superintendent may not serve in that capacity for more than one year, nor later than the expiration date of the superintendent's term, whichever occurs sooner, unless he or she is reappointed by the county board.

_____
(c) (d) Immediately following the appointment of a county superintendent or an interim county superintendent, the president of the county board immediately upon the appointment of the county superintendent, or the appointment of an interim county superintendent, shall certify the appointment to the state superintendent. Immediately following the appointment of an acting county superintendent or a vote by a majority of the members of the county board that an incapacity no longer exists, the president of the county board shall certify the appointment, reappointment, or appointment termination of the acting superintendent to the state superintendent.
_____
(d) (e) During his or her term of appointment, the county superintendent shall be a state resident of the and shall reside in the county which he or she serves or of in a contiguous county. in this state, which he or she serves The county superintendent in office on the effective date of this section shall continue in office until the expiration of his or her term.
§18-4-4. Compensation.
     On or before the first day of May June 1 of the year in which the superintendent is appointed, the board shall fix the annual salary of the superintendent for the period of appointment for the term beginning on the following July 1. The board shall pay the salary from the general current expense fund of the district.
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-1a. Eligibility of members; training requirements.
     
(a) No person shall be eligible for membership on any county board who is not a citizen, resident in such county, or who accepts a position as teacher or service personnel in the school district in which he or she is a resident or who is an elected or an appointed member of any political party executive committee, or who becomes a candidate for any other office than to succeed oneself.
     
(b) No member or member-elect of any board shall be eligible for nomination, election or appointment to any public office, other than to succeed oneself, or for election or appointment as a member of any political party executive committee, unless and until after that membership on the board, or his status as member-elect to the board, has been terminated at or before the time of his filing for such nomination for, or appointment to, such public office or committee: Provided, That "office" or "committee", as used in this subsection and subsection (a) of this section, does not include service on any board, elected or appointed, profit or nonprofit, for which the person does not receive compensation and whose primary scope is not related to the public schools.
     
(a)
A person who is a candidate for membership on a county board or who is a member or member-elect of a county board:
_____
(1) Shall be a citizen and resident in the county in which he or she serves or seeks to serve on the county board;
_____
(2) May not be employed by the county board on which he or she serves or seeks to serve, including employment as a teacher or service person;
_____
(3) May not engage in the following political activities:
_____
(A) Become a candidate for or hold any other public office, other than to succeed him or herself as a member of a county board:
_____(i) A candidate for a county board, who is not currently serving on a county board, may hold another public office while a candidate if he or she resigns from the other public office prior to taking the oath of office as a county board member.
_____(ii) The term "public office" as used in this section does not include service on any other board, elected or appointed, profit or nonprofit, under the following conditions:
_____
(I) The person does not receive compensation; and
_____
(II) The primary scope of the board is not related to public schools.
     (B) Become a candidate for, or serve as, an elected or appointed member of any political party executive committee;
_____
(C) Become a candidate for, or serve as, a delegate, alternate or proxy to a county, state or national political party convention;
_____
(D) Solicit or receive political contributions to support the election of, or to retire the campaign debt of, any candidate for partisan office;
_____
(4) May engage in any or all of the following political activities:
_____
(A) Make campaign contributions to partisan or bipartisan candidates;
_____
(B) Attend political fund raisers for partisan or bipartisan candidates;
_____
(C) Serve as an unpaid volunteer on a partisan campaign;
_____
(D) Politically endorse any candidate in a partisan or bipartisan election; or
_____
(E) Attend a county, state or national political party convention.

_____
(c) (b) A member or member-elect of a county board, or a person desiring to become a member of a county board, may make a written request to the West Virginia Ethics Commission for an advisory opinion on whether to determine if another elected or appointed position held or sought by the person is an office or public office which would bar serving service on the a county board pursuant to subsections subsection (a) and (b) of this section.
     (1) Within thirty days of receipt of the request, the Ethics Commission shall issue a written advisory opinion in response to the request and shall also shall publish such the opinion in a manner which, to the fullest extent possible, does not reveal the identity of the person making the request.
     (2) Any A county board member who relied relies in good faith upon an advisory opinion issued by the West Virginia Ethics Commission to the effect that holding a particular office or public office is not a bar from membership on a county board of education and against whom proceedings are subsequently brought for removal from the county board on the basis of holding such that office or offices shall be is entitled to reimbursement by the county board for reasonable attorney's fees and court costs incurred by the member in defending against such these proceedings, regardless of the outcome of the proceedings.
     (3) Further, no A vote cast by the member at a meeting of the county board shall may not be invalidated due to a subsequent finding that holding the particular office or public office is a bar to membership on the county board.
     (4) Good faith reliance on a written advisory opinion of the West Virginia Ethics Commission that a particular office or public office is not a bar to membership on a county board of education is an absolute defense to any civil suit or criminal prosecution arising from any proper action taken within the scope of membership on the county board, becoming a member-elect of the county board or seeking election to the county board.
     (d) (c) Any person who is elected or appointed To be eligible for election or appointment as a member of a county board on or after May 5, 1992, a person shall possess at least a high school diploma or a general educational development (GED) diploma. Provided, That This provision shall does not apply to members or members-elect who have taken office prior to May 5, 1992, and who serve continuously therefrom from that date forward.
     (e) (d) No A person elected to a county board after July 1, 1990, shall may not assume the duties of county board member unless he or she has first attended and completed a course of orientation relating to boardsmanship and governance effectiveness which shall be given between the date of election and the beginning of the member's term of office Provided, That under the following conditions:
_____
(1) A portion or portions of subsequent training such as that offered in orientation may be provided to members after they have commenced their term of office; Provided, however, That
     
(2) Attendance at the session of orientation given between the date of election and the beginning of the member's term of office shall permit such member or members permits the member-elect to assume the duties of county board member, as specified in this section;
     (3) Members appointed to the county board shall attend and complete the next such course offered following their appointment; Provided further, That and
_____
(4) The provisions of this section subsection relating to orientation shall do not apply to members who have taken office prior to July 1, 1988, and who serve continuously therefrom from that date forward.
     (f) Commencing on the effective date of this section, members
     
(e) Annually, each member of a county board shall annually receive seven clock hours of training in areas relating to boardsmanship, governance effectiveness, and school performance issues including, but not limited to, pertinent state and federal statutes such as the "Process for Improving Education" set forth in section five, article two-e of this chapter and the "No Child Left Behind Act" and their respective administrative rules. Such
     
(1) The orientation and training shall be approved by the state board and conducted by the West Virginia School Board Association or other organization or organizations approved by the state board: Provided, That
     
(A) The state board may exclude time spent in training on school performance issues from the requisite seven hours herein required; Provided, however, That and
_____
(B) If the state board elects to exclude time spent in training on school performance issues from the requisite seven hours, such training shall be limited by the state board shall limit the training to a feasible and practicable amount of time.
     (2) Failure to attend and complete such an the approved course of orientation and training relating to boardsmanship and governance effectiveness without good cause as determined by the state board by duly promulgated legislative rules of the state board shall constitute constitutes neglect of duty.
     (g) In the final year of any four-year term of office, a member shall satisfy the annual training requirement before January 1.
The state board shall petition the circuit court of Kanawha County to remove any county board member who has failed to or who refuses to attend and complete the approved course of orientation and training. If the county board member fails to show good cause for not attending the approved course of orientation and training, the court shall remove the member from office. Failure to comply with the training requirements of this section without good cause as defined by the state board by duly promulgated legislative rules constitutes neglect of duty under section seven, article six, chapter six of this code.
_____(h) The state board shall appoint a committee named the "county board member training standards review committee" whose members shall meet at least annually. Subject to state board approval, the committee shall determine which particular trainings and training organizations shall be approved and whether county board members have satisfied the annual training requirement. Members of the committee serve without compensation, but may be reimbursed by their agencies or employers for all reasonable and necessary expenses actually incurred in the performance of their duties under this subsection.

     The bill (Eng. Com. Sub. for H. B. No. 3208), as amended, was then ordered to third reading.
     Eng. House Bill No. 3229, Relating to creation of the Science and Research Council.
     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:
     By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 18B. SCIENCE AND RESEARCH COUNCIL.
§18B-18B-1. Science and Research Council established; purposes.

     (a) The Science and Research Council is hereby established. For the purposes of this article only, "council" means the Science and Research Council established herein.
     (b) The purposes of the council include, but are not limited to, the following:
     (1) Increasing the capacity of the state and state institutions of higher education to attract, implement and use cutting-edge, competitive research funds and infrastructure;
     (2) Providing expertise and policy guidance in science and research to the state, its agencies and state institutions of higher education regarding federal programs such as the Experimental Program to Stimulate Competitive Research ("EPSCoR") and similar state programs such as the West Virginia Research Trust Fund established in article eighteen-a of this chapter and the Research Challenge Fund established in section twelve, article one- b of this chapter;
     (3) Encouraging research collaboration among public and private institutions of higher education and the private sector, both within and outside the state;
     (4) Promoting education at all levels in the fields of science, technology, engineering and mathematics; and
     (5) Providing recommendations to the Commission and state policymakers, including the Governor and Legislature, regarding science and research initiatives and effective programmatic activities, budgets and investments to implement those initiatives.
     (c) The council replaces the EPSCoR State Advisory Council and consists of fifteen members as follows:
     (1) The vice presidents in charge of research at Marshall University and West Virginia University;
     (2) A representative of health sciences at Marshall University and a representative of health sciences at West Virginia University, appointed by the deans of the respective schools of medicine;
     (3) The Secretary of Education and the Arts or designee;
     (4) The State Superintendent of Schools or designee;
     (5) The Secretary of Commerce or designee;
     (6) The Vice Chancellor for Science and Research of the Commission;
     (7) The Chancellor of the Commission who chairs the council;
     (8) One member engaged in applied research at Marshall University and one member engaged in applied research at West Virginia University, appointed by the provosts of the respective universities; and
     (9) Four members, appointed by the Governor, who have demonstrated interest, knowledge, skill and experience in academic research and scientific innovation and who possess recognized credentials and expertise in one or more of the following areas:
     (A) Science, technology, engineering or mathematics ("STEM") fields;
     (B) Cyberinfrastructure, information technology or computer science;
     (C) Research and development;
     (D) Technology based economic development or industry; or
     (E) Undergraduate research or science education.
     At least two of the members appointed by the Governor shall be representatives of business or industry.
     (d) Of the initial appointments made by the Governor, one member shall be appointed to a one-year term; one member shall be appointed to a two-year term; one member shall be appointed to a three-year term; and one member shall be appointed to a four-year term. Of the initial appointments made by the deans of schools of medicine, the member appointed by the dean of the Marshall University School of Medicine shall be appointed to a two-year term, and the member appointed by the dean of the West Virginia University School of Medicine shall be appointed to a three-year term. Of the initial appointments made by the provosts, the member appointed by the West Virginia University provost shall be appointed to a two-year term, and the member appointed by the Marshall University provost shall be appointed to a four-year term.
     (e) After the initial appointments, all members serve terms of four years. Each appointed member who qualifies under the provisions of this section may serve for no more than two successive terms. An appointment to fill a vacancy on the council or reappointment of a member who is eligible to serve an additional term is made in accordance with the provisions of this section.
     (f) Members of the council serve without compensation, but are entitled to reimbursement by the commission for expenses, including travel expenses, actually incurred by the member in the official conduct of the business of the council.
§18B-18B-2. Strategic plan; reports.
     (a) The council shall develop a strategic state plan for science and technology research that establishes a collaborative process to engage all scientific research resources, both public and private, in a comprehensive, strategic network. The council's strategic state plan serves as the state plan for science and technology research.
     (b) At a minimum, the strategic plan shall address science and technology research resources and their relation to the following areas of research:
     (1) Human and physical infrastructure;
     (2) Policy development;
     (3) Education and outreach;
     (4) Research innovation; and
     (5) Economic development.
     (c) Periodically, the council shall reassess the strategic state plan and update it as needed. Any new or updated strategic state plan shall be approved by the commission prior to becoming effective.
     (d) The EPSCoR Advisory Council's current "Vision 2015: The West Virginia Science and Technology Strategic Plan" serves as the state plan for science and technology research until a plan is approved by the council.
     (e) The council shall report to the Legislative Oversight Commission on Education Accountability by July 1, 2010, and annually thereafter, on progress in implementing the strategic state plan, as well as any updates to the plan.
     The bill (Eng. H. B. No. 3229), as amended, was then ordered to third reading.
     Eng. Com. Sub. for House Bill No. 3275, Changing the date through which governmental entities are required to purchase workers' compensation.
     Having been removed from the Senate second reading calendar in earlier proceedings today, no further action thereon was taken.
     The Senate proceeded to the tenth order of business.
     Eng. Com. Sub. for House Bill No. 2839, Relating to the management of pain by physicians.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     Eng. Com. Sub. for House Bill No. 3196, Declaring certain claims against the state and its agencies to be moral obligations of the state.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate recessed until 5 p.m. today.

     Upon expiration of the recess, the Senate reconvened and, at the request of Senator Chafin, and by unanimous consent, returned 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
     Eng. Com. Sub. for House Bill No. 2218, Authorizing the Department of Transportation to promulgate legislative rules.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2218) 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.
     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. Com. Sub. for House Bill No. 2222, Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2222) 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.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Eng. Com. Sub. for House Bill No. 2407, Relating to trustee accounts and funds, earnings and personal property of inmates.
     And,
     Eng. Com. Sub. for House Bill No. 2569, Creating the Juvenile Services Reimbursement Offender Fund.
     And reports the same back with the recommendation that they each do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. Nos. 2407 and 2569) contained in the preceding report from the Committee on Finance were each taken up for immediate consideration, read a first time and ordered to second reading.
     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. Com. Sub. for House Bill No. 2684, West Virginia Drug Offender Accountability and Treatment Act.
     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,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on the Judiciary.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2684) 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.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Eng. Com. Sub. for House Bill No. 2753, Relating to the continuation of the Design-Build Program.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2753) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
     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. Com. Sub. for House Bill No. 2877, Increasing the monetary penalties, removing the possibility of incarceration and adding community service for a minor who misrepresents his or her age when purchasing alcohol.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2877) 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.
     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. 2920, Eliminating the felony conviction for a second or subsequent conviction of petit larceny.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. H. B. No. 2920) 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.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Eng. House Bill No. 2950, Creating the Neighborhood Housing and Economic Stabilization Program for low-income minority neighborhoods.
     With amendments from the Committee on Economic Development pending;
     And reports the same back with the recommendation that it do pass as amended by the Committee on Economic Development to which the bill was first referred.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (Eng. H. B. No. 2950) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
     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. 2952, Clarifying that a terroristic threat is a felony regardless of intent to actually commit the threatened act.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. H. B. No. 2952) 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.
     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. Com. Sub. for House Bill No. 3036, Relating to notice and publication requirements for expungement petitions.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 3036) 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.
     Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, April 7, 2009, at 11 a.m.
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