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Senate Journal


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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2013

FOURTEENTH DAY

____________

Charleston, W. Va., Tuesday, February 26, 2013

    The Senate met at 11 a.m.

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

    Prayer was offered by the Reverend Cindy Briggs-Biondi, Associate Pastor, Dunbar United Methodist Church, Dunbar, West Virginia.

    Pending the reading of the Journal of Monday, February 25, 2013,

    On motion of Senator Boley, 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 passage by that body and requested the concurrence of the Senate in the passage of

    Eng. Com. Sub. for House Bill No. 2173--A Bill to amend and reenact §9-5-18 of the Code of West Virginia, 1931, as amended, relating to funeral expenses for indigent persons; restricting payments for funeral services to those provided by a funeral director licensed by the state of West Virginia; and restricting payments for burial services to those provided by a person or business entity authorized by West Virginia law.

    Referred to the Committee on Government Organization.

    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. 42--Requesting the Division of Highways to name all sections of the King Coal Highway, I-73/74, running through Mingo County, West Virginia, the “Mike Whitt Visionary Leadership Highway”.

    Referred to the Committee on Transportation and Infrastructure.

    The Senate proceeded to the fourth order of business.

    Senator Tucker, from the Committee on Banking and Insurance, submitted the following report, which was received:

    Your Committee on Banking and Insurance has had under consideration

    Senate Bill No. 26, Requiring health insurance coverage for hearing aids under certain circumstances.

    And reports back a committee substitute for same with the following title:

    Com. Sub. for Senate Bill No. 26 (originating in the Committee on Banking and Insurance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-7f; to amend said code by adding thereto a new section, designated §33-15-4k; to amend said code by adding thereto a new section, designated §33-16-3w; to amend said code by adding thereto a new section, designated §33-24-7l; to amend said code by adding thereto a new section, designated §33-25-8i; and to amend said code by adding thereto a new section, designated §33-25A-8k, all relating generally to requiring health insurance coverage of hearing aids for individuals under eighteen years of age; providing for an effective date for coverage; providing definitions; setting age limitations; providing for coverage limits and time frames; providing that the provisions are only required to the extent required by federal law; and modifying required benefits for accident and sickness insurance, group accident and sickness insurance, hospital medical and dental corporations, health care corporations, health maintenance organizations and under the West Virginia Public Employees Insurance Act.

    With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.

                             Respectfully submitted,

                               Gregory A. Tucker,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 26), under the original double committee reference, was then referred to the Committee on Finance.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Senate Bill No. 172, Relating to nonintoxicating beer distributor licensees.

    And reports back a committee substitute for same with the following title:

    Com. Sub. for Senate Bill No. 172 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §11-16-3 and §11-16-8 of the Code of West Virginia, 1931, as amended, all relating to the Nonintoxicating Beer Act generally; expanding the definition of “person” for purposes of holding a nonintoxicating beer distributorship; allowing trusts, limited liability companies and associations to hold a distributor’s license; and requiring certain disclosures by applicants that are trusts, limited liability companies or associations.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    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. 202, Creating Spay Neuter Assistance Fund.

    And reports back a committee substitute for same with the following title:

    Com. Sub. for Senate Bill No. 202 (originating in the Committee on Agriculture and Rural Development)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-20C-1, §19-20C-2 and §19-20C-3, all relating to establishing the West Virginia Spay Neuter Program and Fund; designating the Commissioner of the Department of Agriculture to manage the program and fund; providing grants to nonprofit spay neuter programs in state; limiting administrative expenses of fund; requiring annual reporting; and authorizing rulemaking.

    With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.

                             Respectfully submitted,

                               Ronald F. Miller,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 202), under the original double committee reference, was then referred to the Committee on Finance.

    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. 222, Authorizing Commissioner of Agriculture promulgate legislative rule relating to animal disease control.

    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.

    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. 261, Authorizing Commissioner of Agriculture promulgate legislative rule relating to poultry litter and manure movement into primary poultry breeder rearing areas.

    And reports the same back with the recommendation that it do pass; but under the original triple committee reference first be referred to the Committee on Finance; and then to the Committee on the Judiciary.

                             Respectfully submitted,

                               Ronald F. Miller,

                                 Chair.

    The bill, under the original triple committee reference, was referred to the Committee on Finance; and then to the Committee on the Judiciary.

    Senator Tucker, from the Committee on Banking and Insurance, submitted the following report, which was received:

    Your Committee on Banking and Insurance has had under consideration

    Senate Bill No. 270, Authorizing Insurance Commissioner promulgate legislative rule relating to provider-sponsored networks.

    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; and then to the Committee on the Judiciary.

                             Respectfully submitted,

                               Gregory A. Tucker,

                                 Chair.

    The bill, under the original triple committee reference, was referred to the Committee on Finance; and then to the Committee on the Judiciary, with an amendment from the Committee on Banking and Insurance pending.

    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. 321, Authorizing Board of Veterinary Medicine promulgate legislative rule relating to organization and operation and licensing of veterinarians.

    And reports the same back with the recommendation that it do pass; but under the original triple committee reference first be referred to the Committee on Government Organization; and then to the Committee on the Judiciary.

                             Respectfully submitted,

                               Ronald F. Miller,

                                 Chair.

    The bill, under the original triple committee reference, was referred to the Committee on Government Organization; and then to the Committee on the Judiciary.

    The Senate proceeded to the sixth order of business.

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

    By Senators Unger, Kessler (Mr. President), D. Hall, Cookman, Cann, Laird, Beach, Fitzsimmons, Jenkins and Williams:

    Senate Bill No. 369--A Bill to amend and reenact §61-7-6 and §61-7-6a of the Code of West Virginia, 1931, as amended, all relating to allowing a resident of another state to carry a handgun in West Virginia if the person holds a valid permit or license to possess or carry a handgun from the other state and the other state allows residents of West Virginia who are licensed in West Virginia to carry a concealed deadly weapon to carry a concealed deadly weapon in that state.

    Referred to the Committee on the Judiciary.

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

    Senate Bill No. 370--A Bill to amend and reenact §18-9A-7 and §18-9A-8a of the Code of West Virginia, 1931, as amended, all relating to the school aid formula; adjusting the foundation school program allowance for transportation costs; restricting the ten-percent additional percentage allowance for alternative-fuel vehicles to school buses using compressed natural gas or propane; and adjusting the foundation allowance by reducing the maximum allocation for Regional Education Service Agencies (RESA).

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

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

    Senate Bill No. 371--A Bill to amend and reenact §25-1-15 of the Code of West Virginia, 1931, as amended; to amend and reenact §28-5-27 of said code; to amend said code by adding thereto two new sections, designated §31-20-5g and §31-20-5h; to amend and reenact §61-7-6 of said code; to amend and reenact §62-11A-1a of said code; to amend and reenact §62-11B-9 of said code; to amend and reenact §62-11C-2, §62-11C-3 and §62-11C-6 of said code; to amend said code by adding thereto a new section, designated §62-11C-10; to amend and reenact §62-12-6, §62-12-7, §62-12-9, §62-12-10, §62-12-13, §62-12-14a, §62-12-15, §62-12-17 and §62-12-19 of said code; to amend said code by adding thereto a new section, designated §62-12-29; to amend and reenact §62-15-2 of said code; and to amend said code by adding thereto a new section, designated §62-15-6a, all relating to public safety; requiring the Division of Corrections to perform graduated methods of mental health screens, appraisals and evaluations on persons committed to its custody; mandating a maximum of one year of supervised release for violent inmates; mandating a maximum of one hundred eighty days of supervised release for nonviolent inmates; requiring the Commissioner of Corrections to adopt policies regarding mandatory supervised release; requiring the Regional Jail Authority to utilize a standardized pretrial risk screening instrument adopted by the Supreme Court of Appeals of West Virginia; requiring the authority to develop and implement cognitive behavioral programming for inmates in regional jails committed to the custody of the Commissioner of Corrections; exempting parole officers from prohibitions against carrying concealed weapons; moving definition of “day report center” to section relating to conditions of release on probation; providing standards and limitations under which judges and magistrates may impose a period of supervision or participation in community corrections; clarifying language regarding confinement and revocation for violations of the conditions of home incarceration; adding representative of the Bureau for Behavioral Health and Health Facilities to the community corrections subcommittee of the Governor’s Committee on Crime, Delinquency and Correction; providing that the community corrections subcommittee review, assess and report on the implementation of evidence-based practices in the criminal justice system; adding member with a background in substance abuse treatment and services to the community criminal justice boards of each county or combination of counties; providing oversight responsibility to Division of Justice and Community Services to implement standardized risk and needs assessment, evaluate effectiveness of other modifications to community corrections programs and provide annual report; requiring probation officers to conduct a standardized risk and needs assessment for individuals placed on probation and to supervise probationer and enforce probation according to the same; authorizing the Supreme Court of Appeals of West Virginia to adopt a standardized risk and needs assessment for use by probation officers; authorizing the Supreme Court of Appeals of West Virginia to adopt a standardized pretrial screening instrument for use by the Regional Jail Authority; providing standards and limitations under which judges may impose a term of reporting to a day report center or other community corrections program as a condition of probation; authorizing day reporting center programs to provide services based on the results of a person’s standardized risk and needs assessment; providing for graduated sanctions in response to violations of the conditions of release on probation other than absconding or committing a misdemeanor or felony; revising eligibility requirements for accelerated parole program; requiring that Division of Corrections’ policies and procedures for developing a rehabilitation treatment plan include the use of substance abuse assessment tools and prioritize treatment resources based on the risk and needs assessment and substance abuse assessment results; providing for rebuttable presumption that parole is appropriate for inmates completing the accelerated parole program and a rehabilitation treatment program; providing standards and limitations for Parole Board; outlining duties of the Division of Corrections to supervise, treat and provide support services for all people released on mandatory supervised release; removing temporal standard for requirement that the Parole Board have access to a copy of an inmate’s physical, mental or psychiatric examination; authorizing employment of a director of housing for released inmates with duties relating to the reduction of parole release delays; requiring parole officers to update the standardized risk and needs assessment for each person for whom an assessment has not been conducted for parole and to supervise each person according to the assessment and the commissioner’s supervision standards; authorizing the Commissioner of Corrections to issue a certificate authorizing a parole officer to carry firearms or concealed weapons; providing standards and limitations under which the Division of Corrections may order substance abuse treatment or impose a term of reporting to a day report center or other community corrections program as a condition or modification of parole; authorizing the Commissioner of Corrections to enter into a master agreement with the Division of Justice and Community Services to reimburse counties for use of the community corrections programs; providing for graduated sanctions in response to violations of the conditions of release on parole other than absconding or committing a misdemeanor or felony; providing a parolee with the right to a hearing, upon request, regarding whether he or she violated the conditions of his or her release on parole; providing for a Community Supervision Committee to be appointed by the Administrative Director of the Supreme Court of Appeals of West Virginia to coordinate the sharing of information for community supervision and requiring submittal of an annual report; revising definitions; providing standards and limitations under which judges may order treatment supervision for drug offenders; requiring the Division of Justice and Community Services to use appropriated funds to implement substance abuse treatment to serve those under treatment supervision in each judicial circuit; providing that the Division of Justice and Community Services is responsible for developing standards relating to quality and delivery of substance abuse services, requiring certain education and training, paying for drug abuse assessments and certified drug treatment from appropriated funds and requiring submittal of an annual report; outlining duties of treatment supervision service providers; and making technical changes.

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

    By Senators Laird, Beach, Miller, Prezioso, Unger, Stollings, Plymale, Cann, Fitzsimmons, Jenkins and Williams:

    Senate Bill No. 372--A Bill to amend and reenact §61-5-17 of the Code of West Virginia, 1931, as amended, relating to creating a criminal offense for interfering with or preventing a person from calling for assistance of emergency service personnel; and establishing penalties.

    Referred to the Committee on the Judiciary.

    By Senators Plymale (By Request) and Kessler (Mr. President):

    Senate Bill No. 373--A Bill to amend and reenact §61-11-26 of the Code of West Virginia, 1931, as amended, relating to modifying age-range requirement for expungement of certain criminal convictions.

    Referred to the Committee on the Judiciary.

    By Senator Unger:

    Senate Bill No. 374--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated §31F-1-101, §31F-1-102, §31F-1-103, §31F-2-201, §31F-2-202, §31F-2-203, §31F-3-301, §31F-4-401, §31F-4-402, §31F-4-403 and §31F-5-501, all relating to authorizing a corporation to elect to be a benefit corporation; authorizing a corporation to amend its articles of incorporation to include a statement that the corporation is a benefit corporation; authorizing a corporation to terminate status as a benefit corporation; authorizing the articles of a benefit corporation to identify as one of the purposes of the benefit corporation the creation of specific public benefits; establishing that a director shall not have a duty to a certain person; providing that a director shall have immunity from liability under certain circumstances; requiring a benefit corporation to deliver to each stockholder an annual report; defining terms; and generally relating to benefit corporations.

    Referred to the Committee on the Judiciary.

    By Senators Plymale, Jenkins, Unger, Stollings and Cookman:

    Senate Bill No. 375--A Bill to amend and reenact §49-6-10 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §49-6-10b, all relating to granting prosecuting attorneys and judges broad discretion in their respective responsibilities concerning the placement of children in cases of child neglect or abuse.

    Referred to the Committee on the Judiciary.

    By Senators Snyder, Unger, Cookman, Miller and Stollings:

    Senate Joint Resolution No. 6--Proposing an amendment to the Constitution of the State of West Virginia, amending section one-b, article X thereof, relating to homestead exemption increase; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

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

    Senators Kessler (Mr. President), Jenkins, Unger, Yost, D. Hall, Stollings, Plymale, Prezioso, Miller, Laird, Beach, Fitzsimmons and McCabe offered the following resolution:

    Senate Resolution No. 20--Designating February 26, 2013, as “Community Action Day”.

    Whereas, Community action agencies have been serving low-income families throughout our fifty-five counties for more than fifty years, striving to identify the causes of poverty and how to achieve self sufficiency; and

    Whereas, Community action agencies conduct numerous programs to meet the needs of low-income West Virginians including Head Start, weatherization, housing, energy assistance, home rehabilitation, job training and placement, nutrition for the elderly and children, education assistance, family mentoring and many others; and

    Whereas, The employees of community action agencies fight to improve the lives of all West Virginians and are gifted with the ability to see need and find fulfillment, to see sadness and find hope and to see helplessness and find strength; therefore, be it

    Resolved by the Senate:

    That the Senate hereby designates February 26, 2013, as “Community Action Day”; and, be it

    Further Resolved, That the Senate invites all members of the West Virginia Legislature and all citizens of West Virginia to join in recognizing the value and importance of community action programs in West Virginia; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia Community Action Partnership.

    At the request of Senator 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 proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 8, Requesting DOH name portion of Route 38 in Fayette County "Sizemore Moran Veterans Memorial Road".

    On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.

    Senate Concurrent Resolution No. 9, Requesting DOH name bridge in Boone County "Naval Chief Boatswain Fred L. Byrnside and Army Captain Dora Jo Chambers Byrnside Memorial Bridge".

    On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.

    Senate Concurrent Resolution No. 10, Requesting DOH name bridge in Lincoln County "Shelton Topping Bridge".

    On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.

    Senate Concurrent Resolution No. 11, Requesting DOH name portion of State Route 214 "Army Pvt. Parker Meikle Memorial Road".

    On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.

    Senate Concurrent Resolution No. 12, Requesting DOH name section of Lick Creek Road in Boone County "PFC Randall Bruce Miller Memorial Road".

    On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.

    The Senate proceeded to the eighth order of business.

    Eng. Com. Sub. for Senate Bill No. 60, Relating to name-change notice publication requirements.

    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, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (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 S. B. No. 60) passed with its title.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    Eng. Com. Sub. for Senate Bill No. 71, Requiring descriptions of easements and rights-of-way include width in addition to centerline; exception.

    On third reading, coming up in regular order, was reported by the Clerk.

    At the request of Senator Palumbo, unanimous consent was granted to offer amendments to the bill on third reading.

    Thereupon, on motion of Senator Palumbo, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:

    On page two, section five-a, lines five and six, by striking out all of subdivision (2) and inserting in lieu thereof a new subdivision, designated subdivision (2), to read as follows:

    “(2) Specification of centerline: Provided, That any deed or instrument, executed on or after September 1, 2013, that initially grants or reserves an easement or right-of-way using the centerline method must also include the width;”;

    And,

    On pages two and three, section five-a, lines twelve through twenty-three, by striking out all of subsection (b) and inserting in lieu thereof a new subsection, designated subsection (b), to read as follows:

    (b) Oil and gas, gas storage and mineral leases shall not be required to describe the easement, but shall describe the land on which the easement or right-of-way will be situate by source of title or reference to a tax map and parcel, recorded deed, recorded lease, plat or survey sufficient to reasonably identify and locate the property on which the easement or right-of-way is situate: Provided, That the easement or right-of-way is not invalid because of the failure of the easement or right-of-way to meet the requirements of this subsection or subsection (a) above.

    The bill, as just amended, was again ordered to engrossment.

    Engrossed Committee Substitute for Senate Bill No. 71 was then read a third time and put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (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 S. B. No. 71) passed.

    On motion of Senator Palumbo, the following amendment to the title of the bill was reported by the Clerk and adopted:

    Eng. Com. Sub. for Senate Bill No. 71--A Bill to amend and reenact §36-3-5a of the Code of West Virginia, 1931, as amended, relating to descriptions of easements and rights-of-way in deeds and similar instruments; and amending the centerline method of description to include width after a certain date.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    Eng. Com. Sub. for Senate Bill No. 76, Permitting certain voters who have moved to vote for President and Vice President.

    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, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (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 S. B. No. 76) passed with its title.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    Eng. Senate Bill No. 82, Requiring rate-paying residential customer on public service board.

    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, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (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. S. B. No. 82) passed with its title.

    Senator Unger moved that the bill take effect July 1, 2013.

    On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (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. S. B. No. 82) takes effect July 1, 2013.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

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

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

    On motion of Senator Unger, the Senate adjourned until tomorrow, Wednesday, February 27, 2013, at 11 a.m.

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