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sdj-66th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

EXTENDED SESSION, 2010

SIXTY-SIXTH DAY

____________

Charleston, W. Va., Friday, March 19, 2010

The Senate met at 6 p.m.
(Senator Tomblin, Mr. President, in the Chair.)

Prayer was offered by the Honorable Jeffrey V. Kessler, a senator from the second district.
Pending the reading of the Journal of Thursday, March 18, 2010,
On motion of Senator Helmick, 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 communications from His Excellency, the Governor, advising that on March 18, 2010, he had approved Enr. Senate Bill No. 214, Enr. Committee Substitute for Senate Bill No. 215, Enr. Senate Bill No. 339, Enr. Committee Substitute for Senate Bill No. 345, Enr. Committee Substitute for Senate Bill No. 354, Enr. for Senate Bill No. 381, Enr. Senate Bill No. 382, Enr. Senate Bill No. 387, Enr. Senate Bill No. 436, Enr. Senate Bill No. 445, Enr. Senate Bill No. 461, Enr. Senate Bill No. 464, Enr. Senate Bill No. 604 and Enr. Committee Substitute for Senate Bill No. 656; and on March 19, 2010, he had approved Enr. Committee Substitute for House Bill No. 2503, Enr. Committee Substitute for House Bill No. 4299, Enr. Committee Substitute for House Bill No. 4352, Enr. Committee Substitute for House Bill No. 4425, Enr. Committee Substitute for House Bill No. 4436 and Enr. Committee Substitute for House Bill No. 4534.
The Senate proceeded to the fourth order of business.
Senator Palumbo, 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 18th day of March, 2010, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
(H. B. No. 2485), Allowing pharmacy interns to vend pseudoephedrine and other chemical precursors of methamphetamine.
(H. B. No. 4026), Relating to higher education capital facilities generally.
(Com. Sub. for H. B. No. 4130), Creating the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program.
(Com. Sub. for H. B. No. 4167), Creating a special revenue fund, known as the Department of Health and Human Resources Safety and Treatment Fund.
(Com. Sub. for H. B. No. 4211), Providing supplemental funding for providing alternative programs for limited English proficient students.
(Com. Sub. for H. B. No. 4359), Requiring local labor for public construction projects.
(Com. Sub. for H. B. No. 4397), Requiring the Superintendent of the State Police to implement a plan to increase the number of troopers.
(Com. Sub. for H. B. No. 4450), Relating to land surveyors.
(H. B. No. 4589), Conforming article three of chapter three of the Code of West Virginia, to the requirements of the Military and Overseas Voter Empowerment Act of 2009.
And,
(H. B. No. 4669), Granting exceptions to certain statutes to innovation zone plans approved by state board.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.

Senator Palumbo, 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 19th day of March, 2010, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. No. 42), Revising Municipal Economic Opportunity Development District Act.
(Com. Sub. for S. B. No. 81), Creating WV Official Prescription Program Act.
(Com. Sub. for
S. B. No. 185), Creating WV Commercial Patent Incentives Tax Act.
(Com. Sub. for
S. B. No. 240), Authorizing Department of Administration promulgate legislative rules.
(Com. Sub. for
Com. Sub. for S. B. No. 365), Requiring pharmacies provide personnel online access to controlled substances database.
(S. B. No. 385), Requiring banks provide bond to secure certain county deposits.
(S. B. No. 388), Specifying number of members on municipal planning commissions and zoning boards.
(S. B. No. 390), Clarifying court assesses private investigative and security services regulations violation penalties.
(Com. Sub. for
S. B. No. 483), Authorizing HMOs offer point of service option.
(Com. Sub. for
S. B. No. 507), Creating WV Innovative Mine Safety Technology Tax Credit Act.
(S. B. No. 527), Requiring State Rail Authority establish transportation and local rail service plan.
(S. B. No. 584), Relating to Center for Nursing's data collection policy.
(S. B. No. 595), Extending vesting period for subdivision and land development plans.
(Com. Sub. for
S. B. No. 618), Relating to osteopathic physician assistants.
(S. B. No. 636), Reconstituting Commission to Study Residential Placement of Children.
(Com. Sub. for
S. B. No. 651), Providing state bid preference for certain current license or permit holders.
(Com. Sub. for
S. B. No. 665), Transferring certain Health Care Authority's duties to Insurance Commissioner.
(Com. Sub. for H. B. No. 2503), Requiring licensed tattoo artist to inform patrons, prior to performing the tattoo procedure, of the potential problems that a tattoo may cause in relation to the reading of magnetic resonance imaging.
(Com. Sub. for H. B. No. 4081), Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules.
(Com. Sub. for H. B. No. 4110), Authorizing the Department of Commerce to promulgate legislative rules.
(Com. Sub. for H. B. No. 4299), Providing that nonstate retired employees who have worked for their last nonstate employer for less than five years are responsible for their entire premium cost.
(Com. Sub. for H. B. No. 4335), Relating to the business registration tax.
(Com. Sub. for H. B. No. 4352), Authorizing the West Virginia Supreme Court of Appeals to create a Business Court Division within certain circuit court districts.
(Com. Sub. for H. B. No. 4425), Developing a pilot program for unlicensed personnel to administer medication in a nursing home.
(Com. Sub. for H. B. No. 4436), Providing discretion to schools that make AYP to use assessments and adopting instructional strategies and programs that promote student learning.
(Com. Sub. for H. B. No. 4457), Relating to the access to and protection of cemeteries.
And,
(Com. Sub. for H. B. No. 4534), Increasing the criminal penalty for failing to stop and render aid after a motor vehicle accident; Erin's Law.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.

The Senate next proceeded to the fifth order of business.
Filed Conference Committee Reports

The Clerk announced the following conference committee report had been filed at 6:08 p.m. today:
Eng. Com. Sub. for Senate Bill No. 213, Budget Bill.
Senator Edgell then moved that the Senate adjourn until tomorrow, Saturday, March 20, 2010, at 11 a.m.
The question being on the adoption of Senator Edgell's aforestated motion, and on this question, Senator Edgell demanded the yeas and nays.
The roll being taken, the yeas were: Boley, Bowman, Browning, Deem, Edgell, Facemire D., Facemyer K., Fanning, Foster, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Sypolt, Wells, White, Williams, Yost and Tomblin (Mr. President)--26.
The nays were: Unger--1.
Absent: Barnes, Caruth, Chafin, Green, Guills, Oliverio and Stollings--7.
So, a majority of those present and voting having voted in the affirmative, the President declared Senator Edgell's motion had prevailed.
In accordance with the foregoing motion, the Senate adjourned until tomorrow, Saturday, March 20, 2010, at 11 a.m.
_________
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