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Senate Journal


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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2013

SEVENTH DAY

____________

Charleston, W. Va., Tuesday, February 19, 2013

    The Senate met at 11 a.m.

(Senator Kessler, Mr. President, in the Chair.)

    Prayer was offered by Dr. Frank Frye, Madison United Methodist Church, Madison, West Virginia.

    Pending the reading of the Journal of Monday, February 18, 2013,

    On motion of Senator Snyder, the Journal was approved and the further reading thereof dispensed with.

    The Senate proceeded to the second order of business and the introduction of guests.

    The Clerk presented a communication from the Board of Accountancy, submitting its biennial report for fiscal years 2011 and 2012 as required by chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Board of Acupuncture, submitting its biennial report for fiscal years 2011 and 2012, in accordance with chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Children's Health Insurance Program, submitting its annual report as required by chapter five, article sixteen-b, section three of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Board of Chiropractic, submitting its biennial report for fiscal years 2011 and 2012, in accordance with chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Court of Claims, submitting its annual report as required by chapter fourteen, article two-a, section twenty-one of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Board of Dental Examiners, submitting its biennial report for fiscal years 2011 and 2012, in accordance with chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Economic Development Authority, submitting its annual report as required by chapter thirty-one, article fifteen, section twenty-nine of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Department of Environmental Protection, submitting its annual report of the Oil and Gas Operating Permit and Processing Fund, in accordance with chapter twenty-two, article six, section twenty-nine of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Department of Environmental Protection, submitting its annual report of the Oil and Gas Reclamation Fund as required by chapter twenty-two, article six, section twenty-nine of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Department of Environmental Protection, submitting its annual report of the Special Reclamation Fund Advisory Council, in accordance with chapter twenty-two, article one, section seventeen of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Department of Environmental Protection, submitting its annual waiver report of the Office of Oil and Gas as required by chapter twenty-two, article six-a, section two of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Department of Health and Human Resources, submitting its annual Youth Services report, in accordance with chapter forty-nine, article five-b, section seven of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Offices of the Insurance Commissioner, submitting its annual report of Medical Professional Liability Insurance as required by chapter thirty-three, article twenty-b, section seven of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the James “Tiger” Morton Catastrophic Illness Commission, submitting its annual recommendation to the Legislature regarding appropriations from the Catastrophic Illness Fund, in accordance with chapter sixteen, article five-q, section two of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the State Board of Examiners for Licensed Practical Nurses, submitting its biennial report for fiscal years 2011 and 2012 as required by chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the State Board of Examiners for Licensed Practical Nurses, submitting its annual report of veterans applying for licensure by examination and the percentage who pass, in accordance with chapter thirty, article twenty-four, section seven of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Massage Therapy Licensure Board, submitting its biennial report for fiscal years 2011 and 2012 as required by chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Medical Imaging and Radiation Therapy Technology Board of Examiners, submitting its biennial report for fiscal years 2011 and 2012, in accordance with chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Board of Medicine, submitting its annual report as required by chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Division of Motor Vehicles, submitting its annual report of the Motor Vehicle Alcohol Test and Lock Program, in accordance with chapter seventeen-c, article five-a, section three-a of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Division of Motor Vehicles, submitting its annual report of the Motorcycle Safety Awareness Board as required by chapter seventeen-b, article one-d, section eight of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Division of Natural Resources, submitting its annual report, in accordance with chapter twenty, article one, section seven of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Nursing Home Administrators Licensing Board, submitting its annual report as required by chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Occupational Pneumoconiosis Board, submitting its biennial report for fiscal years 2011 and 2012, in accordance with chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Board of Osteopathy, submitting its biennial report for fiscal years 2011 and 2012 as required by chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Outdoor Heritage Conservation Fund, submitting its annual report, in accordance with chapter five-b, article two-g, section six of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Division of Personnel, submitting its annual report as required by chapter twenty-nine, article six, section seven of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Board of Physical Therapy, submitting its biennial report for fiscal years 2009 and 2010 and its biennial report for fiscal years 2011 and 2012, in accordance with chapter thirty, article one, section twelve of the code of West Virginia.

    Which communications and reports were received and filed with the Clerk.

    The Clerk presented a communication from the State Board of Registration for Professional Engineers, submitting its biennial report for fiscal years 2011 and 2012 as required by chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Board of Professional Surveyors, submitting its annual report, in accordance with chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Board of Examiners of Psychologists, submitting its biennial report for fiscal years 2011 and 2012 as required by chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Public Employees Grievance Board, submitting its annual report, in accordance with chapter six-c, article three, section three of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Real Estate Commission, submitting its annual report as required by chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Board of Examiners for Registered Professional Nurses, submitting its biennial report for fiscal years 2011 and 2012, in accordance with chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Board of Respiratory Care, submitting its annual report as required by chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Ron Yost Personal Assistance Services Program, submitting its annual report, in accordance with chapter eighteen, article ten-l, section seven of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the State Board of Sanitarians, submitting its biennial report for fiscal years 2011 and 2012 as required by chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Board of Examiners for Speech-Language Pathology and Audiology, submitting its annual report, in accordance with chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the State Police, submitting its annual report on its efforts and effectiveness of recruiting females and minority groups as required by chapter fifteen, article two, section seven of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Office of Tax Appeals, submitting its annual report, in accordance with chapter eleven, article ten-a, section seven of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Department of Transportation, Office of Administrative Hearings, submitting its annual report as required by chapter seventeen-c, article five-c, section two of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Clerk presented a communication from the Office of the State Treasurer, submitting its Debt Capacity Advisory Division’s annual report, in accordance with chapter twelve, article six-b, section four of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    Senator Kessler (Mr. President) presented a communication from the Department of Health and Human Resources, submitting its annual report of the Infant and Maternal Mortality Review Team as required by chapter forty-eight, article twenty-five-a, section three of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    Senator Kessler (Mr. President) presented a communication from the Department of Health and Human Resources, submitting its annual report of the Sudden Infant Death Syndrome Prevention Project, in accordance with chapter sixteen, article one, section six of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    Senator Kessler (Mr. President) presented a communication from the Higher Education Policy Commission and the Council for Community and Technical Education, submitting its annual progress report toward development of services and facilities for student veterans enrolled in public colleges and universities as required by chapter eighteen-b, article four, section nine of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    Senator Kessler (Mr. President) presented a communication from the Secretary of State, submitting its annual report of the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program, in accordance with chapter three, article twelve, section fourteen of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    Senator Kessler (Mr. President) presented a communication from the Water Development Authority, submitting its annual report as required by chapter twenty-two-c, article one, section seventeen of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Senate proceeded to the fourth order of business.

    Senator Miller, from the Committee on Agriculture and Rural Development, submitted the following report, which was received:

    Your Committee on Agriculture and Rural Development has had under consideration

    Senate Bill No. 47, Creating General Livestock Trespass Law.

    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,

                               Ronald F. Miller,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.

    The Senate proceeded to the sixth order of business.

    On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:

    By Senators Kessler (Mr. President) and M. Hall (By Request of the Executive):

    Senate Bill No. 207--A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2013, in the amount of $1,500,000 from the State Election Commission, Supreme Court Public Campaign Financing Fund, fund 1690, fiscal year 2013, organization 1601, and in the amount of $2,500,000 from the Department of Administration, Office of the Secretary, State Employee Sick Leave Fund, fund 2045, fiscal year 2013, organization 0201, and in the amount of $18,317,356.29 from the Department of Administration, Education, Arts, Sciences and Tourism Debt Service Fund, fund 2252, fiscal year 2013, organization 0211, and in the amount of $3,800,000 from the Department of Administration, Division of General Services, 2004 Capitol Complex Parking Garage Fund, fund 2461, fiscal year 2013, organization 0211, and in the amount of $8,000,000 from the Department of Administration, Board of Risk and Insurance Management, Premium Tax Saving Fund, fund 2367, fiscal year 2013, organization 0218, and in the amount of $2,000,000 from the Department of Health and Human Resources, Division of Human Services, Low Income Energy Assistance Program Fund, fund 5081, fiscal year 2013, organization 0511, and in the amount of $4,600,000 from the Department of Revenue, State Budget Office, Public Employees Insurance Reserve Fund, fund 7400, fiscal year 2013, organization 0703, and in the amount of $20,000,000 from the Department of Revenue, Insurance Commissioner, Insurance Commission Fund, fund 7152, fiscal year 2013, organization 0704, and in the amount of $14,736,022 from the Department of Revenue, Lottery Commission, Revenue Center Construction Fund, fund 7209, fiscal year 2013, organization 0705, and making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Administration, Division of Finance, fund 0203, fiscal year 2013, organization 0209, to the Department of Commerce, Division of Natural Resources, fund 0265, fiscal year 2013, organization 0310, to the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2013, organization 0506, to the Department of Health and Human Resources, Division of Human Services, fund 0403, fiscal year 2013, organization 0511, to the Department of Military Affairs and Public Safety - Office of the Secretary, fund 0430, fiscal year 2013, organization 0601, to the Department of Military Affairs and Public Safety, Division of Corrections - Correctional Units, fund 0450, fiscal year 2013, organization 0608, to the West Virginia Council for Community and Technical College Education - Control Account, fund 0596, fiscal year 2013, organization 0420, and to the Higher Education Policy Commission - Control Account, fund 0586, fiscal year 2013, organization 0442, by supplementing and amending the appropriations for the fiscal year ending June 30, 2013.

    Referred to the Committee on Finance.

    By Senators Kessler (Mr. President) and M. Hall (By Request of the Executive):

    Senate Bill No. 208--A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated balance in the State Fund, General Revenue, to the Department of Commerce, Division of Labor, fund 0260, fiscal year 2013, organization 0308, and the Department of Health and Human Resources, Division of Human Services, fund 0403, fiscal year 2013, organization 0511, by supplementing and amending the appropriation for the fiscal year ending June 30, 2013.

    Referred to the Committee on Finance.

    By Senators Kessler (Mr. President) and M. Hall (By Request of the Executive):

    Senate Bill No. 209--A Bill making a supplementary appropriation from the State Fund, State Excess Lottery Revenue Fund, to the Department of Health and Human Resources, Division of Human Services, fund 5365, fiscal year 2013, organization 0511, by supplementing and amending the appropriations for the fiscal year ending June 30, 2013.

    Referred to the Committee on Finance.

    By Senators Kessler (Mr. President), Cookman, Unger, Fitzsimmons, Green and Williams:

    Senate Bill No. 210--A Bill to amend and reenact §50-1-3, §50-1-8, §50-1-9 and §50-1-9a of the Code of West Virginia, 1931, as amended, all relating to equally compensating all state magistrates, magistrate assistants, magistrate court clerks and magistrate court deputy clerks.

    Referred to the Committee on the Judiciary; and then to the Committee on Finance.

    By Senators McCabe and Beach:

    Senate Bill No. 211--A Bill to amend and reenact §30-40-11 of the Code of West Virginia, 1931, as amended, relating to requiring applicants for licenses for original brokers, associate brokers or salespersons to agree to fingerprinting and criminal history record checks; granting the West Virginia Real Estate Commission the authority to perform the criminal history record checks; and requiring the applicants to cover the costs of performing the record checks.

    Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.

    By Senators Palumbo and Stollings:

    Senate Bill No. 212--A Bill to amend and reenact §3-5-17 of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-6-9 of said code, all relating to primary elections and nominating procedures; canvassing and certifying election returns; recount procedures; conduct and administration of elections and board of canvassers; requiring a quorum of the board of canvassers to be present; authorizing the chief circuit court judge to appoint a person to the board of canvassers to make a quorum; and requiring at least one member of the board of canvassers be a commissioner of the county commission for that county.

    Referred to the Committee on the Judiciary.

    By Senators Palumbo and McCabe:

    Senate Bill No. 213--A Bill to amend and reenact §3-10-7 and §3-10-8 of the Code of West Virginia, 1931, as amended, all relating to authorizing a county commission to temporarily fill vacancies in the offices of the clerk of the county commission, prosecuting attorney, sheriff, assessor and county surveyor; and permitting the temporary successors to serve a maximum of thirty days.

    Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.

    By Senators Stollings and Snyder:

    Senate Bill No. 214--A Bill to amend and reenact §30-3-10 of the Code of West Virginia, 1931, as amended, relating generally to requirements of applicants for a license to practice medicine and surgery or podiatry; eliminating the need for personal interview with the Board of Medicine in certain circumstances; and clarifying that a personal interview by the Board of Medicine of all applicants is not required.

    Referred to the Committee on Government Organization.

    By Senators Carmichael and Blair:

    Senate Bill No. 215--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-27, relating to limiting the amount of punitive damages recoverable in a personal injury or wrongful death action.

    Referred to the Committee on the Judiciary.

    By Senators Carmichael and Blair:

    Senate Bill No. 216--A Bill to amend and reenact §21-5A-5 of the Code of West Virginia, 1931, as amended, relating to establishing prevailing hourly rates are to be used in connection with the construction of public improvements; and providing for review and appeal.

    Referred to the Committee on Labor; and then to the Committee on the Judiciary.

    By Senators Williams and Beach:

    Senate Bill No. 217--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-14C-5a, relating to reducing the wholesale tax on heating fuel, off-road fuels, kerosene and propane used for home heating purposes or off-road use to 4.85 percent; and providing an effective date.

    Referred to the Committee on Finance.

    By Senators Williams, Miller and Beach:

    Senate Bill No. 218--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-11-12, relating to including on the state personal income tax return a checkoff option to donate some or all of any tax refund to the Jackson’s Mill 4-H Camp Checkoff Program.

    Referred to the Committee on Agriculture and Rural Development; and then to the Committee on Finance.

    Senators McCabe, Wells, Palumbo, Walters, Plymale, Laird, Miller, Stollings and Williams offered the following resolution:

    Senate Resolution No. 12--Recognizing the statewide contributions of the Clay Center for the Arts and Sciences of West Virginia.

    Whereas, The Clay Center opened its doors on July 13, 2003, as one of only three venues in the country to combine science, visual and performing arts in one facility; and

    Whereas, The Clay Center’s Avampato Discovery Museum is West Virginia’s only interactive science museum; and

    Whereas, The Clay Center’s Juliet Museum of Art is one of just four public museums in West Virginia with a permanent art collection; and

    Whereas, More than fifty thousand students from fifty West Virginia counties and twenty-one counties in surrounding states have benefitted from the Clay Center’s science and art programs; and

    Whereas, More than 650 West Virginia students have received free instruments and music lessons through the Clay Community Arts Program; and

    Whereas, Through physical outreach presentations and virtual distance learning programs, close to 700 students from across the state have visited the Clay Center without ever leaving the classroom; and

    Whereas, More than 1.3 million people from forty-nine states have visited the Clay Center since its opening; and

    Whereas, Clay Center activities add approximately $16.4 million to West Virginia’s economy each year; and

    Whereas, Close to four hundred jobs are generated by the Clay Center; therefore, be it

    Resolved by the Senate:

    That the Senate hereby recognizes the statewide contributions of the Clay Center for the Arts and Sciences of West Virginia; and, be it

    Further Resolved, That on February 19, 2013, the Senate invites all members of the West Virginia Legislature and all citizens of West Virginia to join in recognizing the Clay Center for the Arts and Sciences of West Virginia and its contributions to our state; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Clay Center for the Arts and Sciences of West Virginia.

    At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.

    On motion of Senator Unger, the Senate recessed for one minute.

    Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.

    Senators Plymale, Stollings, Kirkendoll, Unger, Green and Williams offered the following resolution:

    Senate Resolution No. 13--Recognizing Kendyl Ryan, recipient of the national GEAR UP Youth of the Year Award.

    Whereas, West Virginia GEAR UP aims to significantly increase both the academic performance and the rigorous preparation of students for participation in post-secondary education; and

    Whereas, Kendyl Ryan, of Boone County, West Virginia, is a high school student at Scott High School and has been a participant with the West Virginia GEAR UP program since 2008; and

    Whereas, Kendyl Ryan has overcome many obstacles and challenges in her life and has developed into a young leader and role model to her siblings and peers; and

    Whereas, As a testament to her dedication and commitment to the GEAR UP program and her energetic and positive way she leads her life, Kendyl Ryan was nominated for the national GEAR UP Youth of the Year Award; and

    Whereas, At the national conference in Washington, D. C., among thousands of other applicants, Kendyl Ryan was chosen as the national GEAR UP Youth of the Year Award winner; and

    Whereas, It is fitting that the Senate recognizes Kendyl Ryan for her outstanding accomplishment, her work in the community, and for setting an example for all West Virginians of what can be accomplished with hard work, dedication and spirit; therefore, be it

    Resolved by the Senate:

    That the Senate hereby recognizes Kendyl Ryan, recipient of the national GEAR UP Youth of the Year Award; and, be it

    Further Resolved, That the Senate extends its best wishes to Kendyl Ryan and wishes her well on a bright future ahead; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Kendyl Ryan.

    At the request of Senator Stollings, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.

    On motion of Senator Unger, the Senate recessed for one minute.

    Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.

    Senators Sypolt, Unger, Plymale, Fitzsimmons, Beach and Carmichael offered the following resolution:

    Senate Resolution No. 14--Designating February 19, 2013, as “West Virginia Home School Day” at the Capitol.

    Whereas, The State of West Virginia is committed to excellence in education; and

    Whereas, The State of West Virginia recognizes that parental involvement and individualized attention to educational success are unique and basic components of home schooling; and

    Whereas, Home-schooled students exhibit self confidence and good citizenship and are prepared academically to meet the challenges of today’s society; and

    Whereas, Contemporary studies continue to confirm that children who are educated at home score exceptionally well on national achievement tests and score above the national average on SAT and ACT tests; and

    Whereas, Home-schooled students have shown to be competitive with publicly and privately schooled students at the college level; therefore, be it

    Resolved by the Senate:

    That the Senate hereby designates February 19, 2013, as “West Virginia Home School Day” at the Capitol; and, be it

    Further Resolved, That the Senate recognizes students, teachers and families involved with home schooling in West Virginia for their dedication to excellence in education; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia Home Educators Association and the Christian Home Educators of West Virginia.

    At the request of Senator Sypolt, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.

    On motion of Senator Unger, the Senate recessed for one minute.

    Upon expiration of the recess, the Senate reconvened and proceeded to the ninth order of business.

    Com. Sub. for Senate Bill No. 74, Replacing "other infamous offense" term relating to jury service disqualification.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    Com. Sub. for Senate Bill No. 116, Relating to crimes against property involving graffiti.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    The Senate proceeded to the thirteenth order of business.

    At the respective requests of Senators M. Hall and Nohe, the names of Senators M. Hall and Nohe were removed as sponsors of Senate Bill No. 206 (Repealing code allowing sale of healthy beverages and soft drinks in schools).

    Pending announcement of meetings of standing and select committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Wednesday, February 20, 2013, at 11 a.m.

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