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sdj-64th day






Charleston, W. Va., Wednesday, March 16, 2011

The Senate met at 4:30 p.m.
(Senator Kessler, Acting President, in the Chair.)

Prayer was offered by the Honorable Walt Helmick, a senator from the fifteenth district.
Pending the reading of the Journal of Tuesday, March 15, 2011,
On motion of Senator Snyder, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the third order of business.
Executive Communications

The Clerk then presented a communication from His Excellency, the Governor, advising that on March 15, 2011, he had approved Enr. House Bill No. 2708.
The Senate proceeded to the fourth order of business.
Senator Miller, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 16th day of March, 2011, presented to His Excellency, the Governor, for his action, the following bills, signed by the Acting President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for S. B. No. 121), Authorizing DEP promulgate legislative rules.
(Com. Sub. for S. B. No. 234), Revising Municipal Economic Opportunity Development District Act.
(Com. Sub. for S. B. No. 235), Revising County Economic Opportunity Development District Act.
(Com. Sub. for S. B. No. 263), Relating to special plates for testing of vehicles operated by certain nonprofit corporations.
(Com. Sub. for S. B. No. 282), Continuing Highway Design-Build Pilot Program.
(Com. Sub. for S. B. No. 295), Authorizing DHHR promulgate legislative rules.
(S. B. No. 349), Requiring bittering agent be placed in certain engine coolants and antifreezes.
(S. B. No. 413), Changing title of Racing Commission's racing secretary.
(S. B. No. 514), Authorizing legislative rule for Higher Education Policy Commission regarding authorization of degree-granting institutions.
(S. B. No. 538), Creating Learn and Earn Cooperative Education Program.
(Com. Sub. for H. B. No. 2438), Bringing older contradicting language still remaining in the code into conformity with §3-2-5(b)(3) and reestablishing a definition for "independent voter".
(Com. Sub. for H. B. No. 2626), Authorizing the Department of Commerce to promulgate legislative rules.
(Com. Sub. for H. B. No. 2750), Adding consideration of sexual assault in issuing an order to temporarily or permanently end a parent-child relationship.
(H. B. No. 2765), Relating to the retirement plans administered by the West Virginia Consolidated Public Retirement Board.
(H. B. No. 2971), Relating to the definition of the term "durable medical equipment".
(H. B. No. 2989), Creating a process by which the West Virginia Racing Commission may grant stay requests,
(Com. Sub. for H. B. No. 3064), Finding and declaring certain claims against the state and its agencies to be moral obligations of the state.
(Com. Sub. for H. B. No. 3205), Reducing jail sentence for successful completion of education and rehabilitation programs.
Respectfully submitted,
Ronald F. Miller,
Chair, Senate Committee.
Meshea L. Poore,
Chair, House Committee.
Pending announcement of a majority party caucus,
Senator Unger then moved that the Senate adjourn until tomorrow, Thursday, March 17, 2011, at 11 a.m.
The question being on the adoption of Senator Unger's aforestated motion, and on this question, Senator Unger demanded the yeas and nays.
The roll being taken, the yeas were: Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--29.
The nays were: Beach and Foster--2.
Absent: Barnes, Fanning and Tomblin (Mr. President)--3.
So, a majority of those present and voting having voted in the affirmative, the Acting President declared Senator Unger's motion had prevailed.
In accordance with the foregoing motion, the Senate adjourned until tomorrow, Thursday, March 17, 2011, at 11 a.m.

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