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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2013

FIFTEENTH DAY

____________

Charleston, W. Va., Wednesday, February 27, 2013

    The Senate met at 11 a.m.

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

    Prayer was offered by Dr. Mervin Smith, District Superintendent of the West Virginia South District Church of the Nazarene, Charleston, West Virginia.

    Pending the reading of the Journal of Tuesday, February 26, 2013,

    On motion of Senator Beach, 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 fourth order of business.

    Senator Beach, 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 Bill No. 123, Authorizing operation of low-speed vehicles in municipalities.

    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,

                               Robert D. Beach

                                 Chair.

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

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Senate Bill No. 197, Expiring funds from State Fund, General Revenue, and making supplementary appropriations to various accounts.

    And reports the same back with the recommendation that it do pass.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 219, Authorizing Department of Administration promulgate legislative rule relating to selecting design-builders under Design-Build Procurement Act.

    Senate Bill No. 220, Authorizing Department of Administration promulgate legislative rule relating to state-owned vehicles.

    Senate Bill No. 223, Authorizing Board of Architects promulgate legislative rule relating to registration of architects.

    Senate Bill No. 224, Authorizing Athletic Commission promulgate legislative rule relating to mixed martial arts.

    Senate Bill No. 235, Authorizing Board of Dental Examiners promulgate legislative rule relating to board.

    Senate Bill No. 237, Authorizing Board of Dental Examiners promulgate legislative rule relating to continuing education requirements.

    Senate Bill No. 254, Authorizing Governor's Committee on Crime, Delinquency and Correction promulgate legislative rule relating to protocol for law-enforcement response to stalking.

    Senate Bill No. 255, Authorizing Governor's Committee on Crime, Delinquency and Correction promulgate legislative rule relating to protocol for law-enforcement response to child abuse and neglect.

    Senate Bill No. 291, Authorizing Board of Optometry promulgate legislative rule relating to continuing education.

    Senate Bill No. 298, Authorizing Division of Protective Services promulgate legislative rule relating to contracted police or security services.

    Senate Bill No. 302, Authorizing Real Estate Appraiser Licensing and Certification Board promulgate legislative rule relating to requirements for licensure and certification.

    Senate Bill No. 303, Authorizing Real Estate Appraiser Licensing and Certification Board promulgate legislative rule relating to renewal of licensure--qualifications for renewal.

    Senate Bill No. 320, Authorizing Treasurer's Office promulgate legislative rule relating to enforcement of Uniform Unclaimed Property Act.

    And,

    Senate Bill No. 322, Authorizing Board of Veterinary Medicine promulgate legislative rule relating to schedule of fees.

    And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    The bills, under the original double committee references, were then referred to the Committee on the Judiciary.

    Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:

    Your Committee on Health and Human Resources has had under consideration

    Senate Bill No. 238, Authorizing Board of Dental Examiners promulgate legislative rule relating to expanded duties of dental hygienists and dental assistants.

    Senate Bill No. 262, Authorizing Health Care Authority promulgate legislative rule relating to WV Health Information Network.

    And,

    Senate Bill No. 296, Authorizing Board of Pharmacy promulgate legislative rule relating to ephedrine and pseudoephedrine control.

    And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

    The bills, under the original double committee references, were then referred to the Committee on the Judiciary.

    Senator Facemire, 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 Bill No. 239, Authorizing DEP promulgate legislative rule relating to permits for construction and major modification of major stationary sources for prevention of significant deterioration of air quality.

    Senate Bill No. 240, Authorizing DEP promulgate legislative rule relating to standards of performance for new stationary sources.

    Senate Bill No. 241, Authorizing DEP promulgate legislative rule relating to control of air pollution from combustion of solid waste.

    Senate Bill No. 242, Authorizing DEP promulgate legislative rule relating to control of air pollution from hazardous waste treatment, storage and disposal facilities.

    Senate Bill No. 243, Authorizing DEP promulgate legislative rule relating to requirements for operating permits.

    And,

    Senate Bill No. 244, Authorizing DEP promulgate legislative rule relating to emission standards for hazardous air pollutants.

    And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Douglas E. Facemire,

                                 Chair.

    The bills, under the original double committee references, were then referred to the Committee on the Judiciary.

    Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 253, Authorizing Governor's Committee on Crime, Delinquency and Correction promulgate legislative rule relating to law-enforcement training and certification standards.

    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 the Judiciary.

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Government Organization pending.

    Senator Laird, from the Committee on Natural Resources, submitted the following report, which was received:

    Your Committee on Natural Resources has had under consideration

    Senate Bill No. 256, Authorizing Hatfield-McCoy Regional Recreation Authority promulgate legislative rule relating to rules for use of facility.

    Senate Bill No. 282, Authorizing DNR promulgate legislative rule relating to special boating.

    Senate Bill No. 283, Authorizing DNR promulgate legislative rule relating to special motorboating.

    Senate Bill No. 284, Authorizing DNR promulgate legislative rule relating to defining terms used in all hunting and trapping rules.

    Senate Bill No. 285, Authorizing DNR promulgate legislative rule relating to prohibitions when hunting and trapping.

    Senate Bill No. 286, Authorizing DNR promulgate legislative rule relating to deer hunting.

    Senate Bill No. 287, Authorizing DNR promulgate legislative rule relating to general trapping.

    Senate Bill No. 288, Authorizing DNR promulgate legislative rule relating to special waterfowl hunting.

    And,

    Senate Bill No. 289, Authorizing DNR promulgate legislative rule relating to special fishing.

    And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               William R. Laird IV,

                                 Chair.

    The bills, under the original double committee references, were then referred to the Committee on the Judiciary.

    Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:

    Your Committee on Health and Human Resources has had under consideration

    Senate Bill No. 266, Authorizing DHHR promulgate legislative rule relating to fees for services.

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

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

    On motion of Senator Stollings, the bill (S. B. No. 266) contained in the foregoing report from the Committee on Health and Human Resources was referred to the Committee on Finance; and then, under the original double committee reference, to the Committee on the Judiciary.

    Senator Laird, from the Committee on Natural Resources, submitted the following report, which was received:

    Your Committee on Natural Resources has had under consideration

    Senate Bill No. 290, Authorizing DNR promulgate legislative rule relating to falconry.

    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 the Judiciary.

                             Respectfully submitted,

                               William R. Laird IV,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Natural Resources pending.

    Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:

    Your Committee on Health and Human Resources has had under consideration

    Senate Bill No. 293, Authorizing Board of Optometry promulgate legislative rule relating to schedule of fees.

    Senate Bill No. 304, Authorizing Board of Examiners for Registered Professional Nurses promulgate legislative rule relating to fees for services rendered by board and supplemental renewal fee for Center for Nursing.

    And,

    Senate Bill No. 312, Authorizing Bureau of Senior Services promulgate legislative rule relating to in-home care worker registry.

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

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

    The bills, under the original triple committee references, were referred to the Committee on Finance; and then to the Committee on the Judiciary.

    Senator Beach, 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. 3, Requesting DOH name bridge in Boone County "Army Sergeant Junior Elwood Dunlap Memorial Bridge".

    Senate Concurrent Resolution No. 4, Requesting DOH name bridge in Boone County "James 'Eddie' Mooney Memorial Bridge".

    And,

    Senate Concurrent Resolution No. 6, Requesting DOH name bridge in Wayne County "Wayne County Veterans Memorial Bridge".

    And reports the same back with the recommendation that they each be adopted.

                             Respectfully submitted,

                               Robert D. Beach,

                                 Chair.

    At the request of Senator Unger, unanimous consent being granted, the resolutions (S. C. R. Nos. 3, 4 and 6) contained in the preceding report from the Committee on Transportation and Infrastructure were taken up for immediate consideration and considered simultaneously.

    The question being on the adoption of the resolutions, the same was put and prevailed.

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

    Senator Beach, 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. 5, Requesting DOH name bridge in Wetzel County "Sgt. Norman R. Cunningham Memorial Bridge".

    And reports back a committee substitute for same as follows:

    Com. Sub. for Senate Concurrent Resolution No. 5 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name the Reader Bridge in Wetzel County, bridge number 52-48-0.01, the “Army Sgt. Norman R. Cunningham Memorial Bridge”.

    Whereas, Sgt. Norman R. Cunningham was born on September 11, 1926, in Rymer, Marion County, West Virginia; and

    Whereas, Sgt. Cunningham attended Pine Grove High School; and

    Whereas, Sgt. Cunningham was drafted in 1944, at the age of 18, into the United States Army’s 77th Infantry Division; and

    Whereas, Sgt. Cunningham became a member of the Army Air Corps and served during World War II until 1947, including at Okinawa and Yokohama, Japan; and

    Whereas, During Sgt. Cunningham’s service in Japan, he attempted to save the lives of two young girls from drowning, and was recognized by the community for his efforts; and

    Whereas, Sgt. Cunningham returned home and married Martha Lou Brown of Piney, West Virginia, on January 17, 1948; and

    Whereas, Sgt. Cunningham reenlisted in the United States Air Force in 1951, and went on to serve in the Korean War with the 2750th Medical Group in France and the 75th Transport Squadron; and

    Whereas, After leaving the military in 1953, Sgt. Cunningham worked for Consolidated Natural Gas for over thirty-five years until his retirement; and

    Whereas, Sgt. Cunningham also operated a meat cutting, wrapping and storage business in Reader, and often provided his services free of charge to those who could not afford them; and

    Whereas, In 1969, Sgt. Cunningham received an award from the American Red Cross for saving the life of a Reader, West Virginia, girl after nearly drowning in Fishing Creek, just below the Reader Bridge; and

    Whereas, Sgt. Cunningham was known to all who knew and loved him as Mr. Haney, because he enjoyed buying, selling and trading anything and everything; and

    Whereas, Sgt. Cunningham was an active member of Trinity United Methodist Church of Reader and a member of the Benton M. Lowe Post 81 American Legion of Pine Grove; and

    Whereas, Sgt. Cunningham passed away in January, 2013, leaving behind his beloved wife, five children, thirteen grandchildren and fifteen great grandchildren; and

    Whereas, It is fitting and proper that the military service of Sgt. Cunningham, his service to the Reader community and his life-saving rescue under the Reader Bridge be honored by naming the Reader Bridge in Wetzel County, bridge number 52-48-0.01, the “Army Sgt. Norman R. Cunningham Memorial Bridge”; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name the Reader Bridge in Wetzel County, bridge number 52-48-0.01, the “Army Sgt. Norman R. Cunningham Memorial Bridge”; and, be it

    Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “Army Sgt. Norman R. Cunningham Memorial Bridge”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the surviving family of Sgt. Norman R. Cunningham.

    With the recommendation that the committee substitute be adopted.

                             Respectfully submitted,

                               Robert D. Beach,

                                 Chair.

    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 Senator Kirkendoll:

    Senate Bill No. 376--A Bill to amend and reenact §17C-5A-2 of the Code of West Virginia, 1931, as amended, relating to hearings before the Office of Administrative Hearings; specifying methods of service; providing permissible hearing locations; deleting the requirement that the Office of Administrative Hearings shall send hearing notices to certain witnesses; deleting an instance of a duplication of an element for driving under the influence; clarifying that the Office of Administrative Hearings shall rescind or modify the order of the Commissioner of the Division of Motor Vehicles in certain cases; noting that the Office of Administrative Hearings is not a party to an appeal; stating that a party filing an appeal is financially responsible for the transcription of the hearing and transmission of file copy; and stating that the court shall provide a copy of its final order to the Office of Administrative Hearings.

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

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

    Senate Bill No. 377--A Bill to amend and reenact §11-15A-1 of the Code of West Virginia, 1931, as amended, relating to further defining a “retailer engaging in business in this state” for purposes of sales and use taxes; specifying that any retailer in a unitary business with an entity in this state is included within the definition; and providing effective date.

    Referred to the Committee on Finance.

    By Senators D. Hall, Kessler (Mr. President), Cann, Edgell, Facemire, Green, Unger, Williams, Fitzsimmons and Plymale:

    Senate Bill No. 378--A Bill to amend and enact §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 increasing salaries of those magistrates and their staffs whose salaries were reduced as a result of the 2010 census to precensus amounts; providing an effective date; and providing that the salary increase is retroactive to January 1, 2013.

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

    By Senators Beach, Kessler (Mr. President), Blair, Boley, D. Hall, Miller, Fitzsimmons, Laird and Sypolt:

    Senate Bill No. 379--A Bill to amend and reenact §30-7-15a, §30-7-15b and §30-7-15c of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-15-7, §30-15-7a, §30-15-7b and §30-15-7c of said code, all relating to expanding prescriptive authority of advanced nurse practitioners and certified nurse-midwives; and removing the requirement for collaborative relationships with physicians.

    Referred to the Committee on Health and Human Resources; and then to the Committee on Government Organization.

    By Senators Barnes, Kessler (Mr. President), Blair, Boley, Cann, Carmichael, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost, Palumbo, Beach and Plymale:

    Senate Bill No. 380--A Bill to amend and reenact §21A-2C-2, §21A-2C-3 and §21A-2C-4 of the Code of West Virginia, 1931, as amended, all relating to the Military Incentive Program; and including all veterans’ of armed conflict.

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

    By Senators Williams, Barnes, Blair, Cookman, Sypolt and Stollings:

    Senate Bill No. 381--A Bill to amend and reenact §51-2A-3 of the Code of West Virginia, 1931, as amended, relating to courts and their officers; family courts; and adding one family court judge to the twenty-third family court circuit.

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

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

    Senate Bill No. 382--A Bill to amend and reenact §44-10-3 of the Code of West Virginia, 1931, as amended, relating generally to clarifying and modifying the process of appointing and terminating guardians for minors.

    Referred to the Committee on the Judiciary.

    By Senators Cookman, Stollings, Plymale and Palumbo:

    Senate Bill No. 383--A Bill to amend and reenact §29-21-9 and §29-21-20 of the Code of West Virginia, 1931, as amended, all relating to Public Defender Services; authorizing family court judges to appoint counsel in contempt cases when jail commitment is possible; and providing immunity to attorney appointed by family court judges.

    Referred to the Committee on the Judiciary.

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

    Senate Bill No. 384--A Bill to amend and reenact §49-5-2 of the Code of West Virginia, 1931, as amended, relating to juvenile proceedings; and increasing the number of certified legal education credits required to serve as a court-appointed attorney in juvenile cases.

    Referred to the Committee on the Judiciary.

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

    Senate Bill No. 385--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-6-9a, relating to authorizing a family court judge to order a child to be taken into custody in emergency situations which occur in the presence of the judge; and providing procedures when a child is ordered taken into emergency custody.

    Referred to the Committee on the Judiciary.

    By Senators Cookman, Plymale and Palumbo:

    Senate Bill No. 386--A Bill to amend and reenact §53-8-4 of the Code of West Virginia, 1931, as amended, relating generally to personal safety orders; limiting the issuance of personal safety orders for harassment; and establishing the proper venue for issuance of a personal safety order.

    Referred to the Committee on the Judiciary.

    By Senators Cookman, Unger, Plymale and Palumbo:

    Senate Bill No. 387--A Bill to amend and reenact §51-2A-7 of the Code of West Virginia, 1931, as amended, relating generally to the powers of family court judges; and granting family court judges the authority to compel and supervise the production of criminal background investigations when appropriate.

    Referred to the Committee on the Judiciary.

    By Senators Cookman, Unger, Plymale and Palumbo:

    Senate Bill No. 388--A Bill to amend and reenact §62-15-7 of the Code of West Virginia, 1931, as amended, relating generally to requiring the Department of Health and Human Resources to pay for properly licensed, certified or court-approved programs for adult drug offenders participating in drug courts.

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

    By Senators Beach, Kirkendoll, Miller and Williams:

    Senate Bill No. 389--A Bill to amend and reenact §16-9A-2, §16-9A-3, §16-9A-7 and §16-9A-8 of the Code of West Virginia, 1931, as amended, all relating to defining “alternative nicotine product” and “electronic cigarette”; prohibiting the sale of alternative nicotine products to individuals under eighteen years of age; prohibiting the use and possession of alternative nicotine products by an individual under eighteen years of age; adding alternative nicotine products to the list of products for which unannounced inspections may be conducted to ensure compliance with sales restrictions; and restricting the sale of alternative nicotine products in vending machines.

    Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.

    By Senator Carmichael:

    Senate Bill No. 390--A Bill to amend and reenact §55-7-24 of the Code of West Virginia, 1931, as amended, relating to increasing the threshold of a defendant’s liability in a tort action involving more than one defendant, from thirty percent at fault or less to sixty percent at fault or less, to qualify for several liability and not joint and several liability.

    Referred to the Committee on the Judiciary.

    By Senators Plymale and Unger:

    Senate Bill No. 391--A Bill to amend and reenact §5F-2-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §5F-2-8, all relating to transferring the Division of Early Care and Education and the Head Start State Collaborative from the Bureau for Children and Families within the Department of Health and Human Resources to the Department of Education and the Arts.

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

    By Senators D. Hall, Green and McCabe:

    Senate Bill No. 392--A Bill to repeal §11-12-86 of the Code of West Virginia, 1931, as amended; to repeal §29-3-23, §29-3-24, §29-3-25 and §29-3-26 of said code; to amend said code by adding thereto a new article, designated §29-3E-1, §29-3E-2, §29-3E-3, §29-3E-4, §29-3E-5, §29-3E-6, §29-3E-7, §29-3E-8, §29-3E-9, §29-3E-10, §29-3E-11, §29-3E-12 and §29-3E-13; and to amend and reenact §61-3E-1 and §61-3E-11 of said code, all relating to the regulation of fireworks; defining terms; setting forth the State Fire Marshal’s authority; requiring a registration, certification or permit; establishing the requirements for a registration, certification and permit; establishing a special revenue account; setting forth the State Fire Marshal’s rule-making authority; providing authority to investigate complaints; and providing criminal penalties.

    Referred to the Committee on the Judiciary.

    By Senators Williams, Laird and Sypolt:

    Senate Bill No. 393--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §37-12-3, relating to exempting licensed surveyors from liability for defamation or slander of title when performing their professional duties; and providing an exception.

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

    Senators Stollings, Kessler (Mr. President), Unger, Snyder, Jenkins, D. Hall, Laird, Prezioso, Williams and McCabe offered the following resolution:

    Senate Resolution No. 21--Designating February 27, 2013, as “Disability Advocacy Day”.

    Whereas, There are more than 400,000 West Virginians with disabilities; and

    Whereas, People with disabilities have the right to live, work and fully participate in their communities and realize their dreams; and

    Whereas, People with disabilities have the right to equal opportunity to live full productive lives as valued citizens in the community of their choice; and

    Whereas, People with disabilities have the right to receive supports they need to exercise self determination, achieve independence and become productive employees in the workplace; and

    Whereas, West Virginia’s citizens with disabilities have banded together in a collective group, called the Fair Shake Network, to help bring their concerns to the forefront of public awareness; and

    Whereas, The Fair Shake Network has developed a statewide network concerned with all types of disabilities and all age groups, providing opportunities for people to learn from each other and take action together; and

    Whereas, The Fair Shake Network has become a credible source of information for policymakers, advocates and the public on policies and programs that impact people with disabilities; and

    Whereas, Such organizations as the Appalachian Center for Independent Living, Mountain State Centers for Independent Living, Northern West Virginia Center for Independent Living, West Virginia Developmental Disabilities Council, West Virginia Statewide Independent Living Council, West Virginia Division of Rehabilitation Services, West Virginia Parent Training and Information Project, West Virginia University Center for Excellence in Disabilities, Upper Potomac Area Agency on Aging, West Virginia Alliance for Sustainable Families, Van Lifts Unlimited, West Virginia Human Rights Commission, Job Squad, Autism Training Center, West Virginia State Rehabilitation Council, West Virginia Mental Health Consumers Association, West Virginia Commission for the Deaf and Hard of Hearing and West Virginia Advocates have joined together to help increase public awareness of issues involving the many concerns of West Virginians with disabilities; and

    Whereas, The purpose of Disability Advocacy Day is to increase the awareness and understanding of legislators, administrators, policymakers and the public of the public policy issues that are important to people with disabilities; therefore, be it

    Resolved by the Senate:

    That the Senate hereby designates February 27, 2013, as “Disability Advocacy Day”; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of the Fair Shake Network.

    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 proceeded to the tenth order of business.

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

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

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

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Thursday, February 28, 2013, at 11 a.m.

____________

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