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SENATE (2013)(RS):| Bills Introduced | Bill History | Topical Index | Committee Schedule | Calendar | Journal | Menu |

Senate Journal


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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2013

TWENTY-FIRST DAY

____________

Charleston, W. Va., Tuesday, March 5, 2013

    The Senate met at 11 a.m.

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

    Prayer was offered by the Honorable Ronald F. Miller, a senator from the tenth district and Pastor, Shuck Memorial Baptist Church, Lewisburg, West Virginia, and West Point Baptist Church, Asbury, West Virginia.

    Pending the reading of the Journal of Monday, March 4, 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, to take effect from passage, and requested the concurrence of the Senate in the passage of

    Eng. House Bill No. 2586--A Bill to amend and reenact §30-6-8 of the Code of West Virginia, 1931, as amended, relating to qualifications for a license to practice embalming.

    Referred to the Committee on Government Organization.

    The Senate proceeded to the fourth order of business.

    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. 139, Requiring sellers of precious metals and gems present photo ID to dealers.

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

    Com. Sub. for Senate Bill No. 139 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §61-3-51 of the Code of West Virginia, 1931, as amended, relating to regulation of certain purchases of precious metals and gems generally; requiring purchasers to comply with applicable licensing and permitting requirements; exempting bullion purchases from the provisions of this section; requiring sellers of precious metals and gems to provide photo identification to dealers; defining terms; requiring the purchasers to maintain information on precious metal transactions for three years; and establishing criminal penalties including business debarment.

    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. 229, Authorizing Conservation Committee promulgate legislative rule relating to operation of State Conservation Committee and conservation districts.

    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 Natural Resources; 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 Natural Resources; and then to the Committee on the Judiciary, with an amendment from the Committee on Agriculture and Rural Development pending.

    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. 270, Authorizing Insurance Commissioner promulgate legislative rule relating to provider-sponsored networks.

    With an amendment from the Committee on Banking and Insurance pending;

    And reports the same back with the recommendation that it do pass as amended by the Committee on Banking and Insurance to which the bill was first referred; but under the original triple committee reference first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

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

    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. 276, Authorizing Lottery Commission promulgate legislative rule relating to state lottery rules.

    Senate Bill No. 299, Authorizing Racing Commission promulgate legislative rule relating to thoroughbred racing.

    And,

    Senate Bill No. 319, Authorizing State Tax Department promulgate legislative rule relating to valuation of commercial and industrial real and personal property for ad valorem property tax purposes.

    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,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    The bills, under the original double committee references, were 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. 341, Requiring livestock be enclosed by fence.

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

    Com. Sub. for Senate Bill No. 341 (originating in the Committee on Agriculture and Rural Development)--A Bill to repeal §19-17-5, §19-17-6, §19-17-7, §19-17-8, §19-17-10 and §19-17-11 of the Code of West Virginia, 1931, as amended; and to amend and reenact §19-17-1, §19-17-2, §19-17-3 and §19-17-4 of said code, all relating to requiring livestock be enclosed by a fence; stating that fences are for grazing and livestock purposes; clarifying the procedures adjoining landowners shall follow to build, maintain and repair partition fences; requiring adjoining landowners to pay for a just proportion of the cost of partition fence; requiring notice; providing an exception for emergency repairs; providing dispute resolution and civil actions; and authorizing the Commissioner of Agriculture to promulgate rules and emergency rules.

    With the recommendation that the committee substitute 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 (Com. Sub. for S. B. No. 341), 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. 412, Relating to removal of elected county conservation district supervisors from office.

    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 Tucker and Plymale:

    Senate Bill No. 433--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §27-1A-12, relating to creating an informal dispute resolution process available to providers or licensees of the Department of Health and Human Resources.

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

    By Senators Tucker, Fitzsimmons, Laird, Miller, Snyder, Walters, Yost, Kessler (Mr. President), Sypolt and Plymale:

    Senate Bill No. 434--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-20-18a, relating to prohibiting insurers from increasing premiums following payment of a claim when event resulting in claim did not result from negligent acts of omissions of insured.

    Referred to the Committee on Banking and Insurance.

    By Senators Snyder, Miller, Kessler (Mr. President), Jenkins, Yost, Stollings, Plymale, McCabe, Fitzsimmons, Palumbo and Beach:

    Senate Bill No. 435--A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as amended, relating to continuing the Municipal Home Rule Pilot Program; legislative findings; authorizing certain municipalities to participate in the program; changing the membership of the Municipal Home Rule Board; clarifying the powers and duties of the board; written plan requirements for municipalities; ordinance requirements for municipalities; powers and duties of the participating municipalities; prohibiting certain acts by participating municipalities; amending the written plan; termination date of the pilot program; reporting requirements; and the effect of ordinances passed by the municipalities participating in the pilot program.

    Referred to the Committee on Government Organization.

    By Senators Prezioso and Facemire:

    Senate Bill No. 436--A Bill to amend and reenact §11-21-8g of the Code of West Virginia, 1931, as amended, relating to eliminating eligibility of expenses for qualified rehabilitated building investment credit for residential structures; and specifying effective dates.

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

    By Senators Unger, Beach and Yost:

    Senate Bill No. 437--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-20-26, relating to protecting dogs by creating regulations for commercial dog breeding operations; providing definitions; providing exceptions; allowing commercial breeders to sell dogs only as household pets; requiring a business license if required by the locality; authorizing county commissions to charge a fee to a commercial dog breeder to obtain an annual permit to operate; limiting the amount of the fee which may be charged; providing for the responsibilities of the commercial dog breeder; setting forth the requirements for maintaining adequate housing facilities and primary enclosures; providing for inspections by animal control officers or law-enforcement officers; prohibiting a commercial dog breeder to operate if convicted of animal cruelty; providing for no exemption from these provisions for a facility licensed by the United States Department of Agriculture; and providing criminal penalties.

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

    By Senators Plymale, Wells and McCabe:

    Senate Bill No. 438--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18B-3F-1, §18B-3F-2, §18B-3F-3, §18B-3F-4, §18B-3F-5, §18B-3F-6, §18B-3F-7, §18B-3F-8 and §18B-3F-9, all relating to reorganization and consolidation of community and technical colleges; providing definitions; legislative findings; requiring development of a strategic reorganization plan; establishing an administrative planning committee; committee membership, terms of offices, powers and duties; providing for appointment of an institutional board of governors, president and other officers; specifying certain duties; providing for transfer of assets and liabilities, operating budgets, orders, policies and procedures; setting forth employee rights and benefits; and requiring notification of employment status by certain date under certain circumstances.

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

    By Senators Prezioso, Facemire and Plymale:

    Senate Bill No. 439--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-10-26, relating to correction of certain erroneous distributions, transfers, allocations, overpayments or underpayments; and specifying immunity of agencies, subdivisions and instrumentalities of this state from any fine, penalty, assessment or imposition as a result of, or attributable to, the erroneous distribution, transfer, allocation, overpayment or underpayment of moneys.

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

    By Senators Prezioso, Facemire, Stollings and Plymale:

    Senate Bill No. 440--A Bill to amend and reenact §11-10-5s of the Code of West Virginia, 1931, as amended, relating to disclosure of confidential taxpayer information; authorizing the disclosure of specified tax information by the Tax Commissioner to the Attorney General; authorizing the disclosure of specified tax information by the Attorney General to specified persons relevant to enforcement of Tobacco Master Settlement Agreement; authorizing the Tax Commissioner to enter into a written agreement with the State Auditor for disclosure of confidential tax information to the State Auditor to facilitate the State Auditor's participation in federal and state offset programs to collect unpaid taxes; and providing for protection and limited use of confidential information.

    Referred to the Committee on the Judiciary.

    By Senators Prezioso, Facemire, Stollings, Plymale and McCabe:

    Senate Bill No. 441--A Bill to amend and reenact §11-10-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §38-10C-2 of said code, all relating to the withdrawal of state tax liens recorded prematurely, inadvertently or erroneously.

    Referred to the Committee on the Judiciary.

    By Senators Unger, Kessler (Mr. President), D. Hall, Fitzsimmons and Beach:

    Senate Bill No. 442--A Bill to amend and reenact §20-2-37 of the Code of West Virginia, 1931, as amended, relating to allowing shooters who are in possession of a firearm in or near the woods to not have to possess a valid hunting license.

    Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.

    By Senators Tucker, Miller, Snyder, Walters and Kessler (Mr. President):

    Senate Bill No. 443--A Bill to amend and reenact §17D-4-2 of the Code of West Virginia, 1931, as amended, relating to increasing the minimum proof of financial responsibility in motor vehicle insurance coverage.

    Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.

    By Senators Plymale, Jenkins and Beach:

    Senate Bill No. 444--A Bill to amend and reenact §17D-4-2 of the Code of West Virginia, 1931, as amended, relating to increasing the minimum proof of financial responsibility in motor vehicle insurance coverage.

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

    By Senators Prezioso, Facemire, Stollings, Plymale, McCabe and Beach:

    Senate Bill No. 445--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-10-5bb, relating to the collection of taxes; requiring the Lottery Commission to offset certain lottery prizes against the state tax liabilities of the prize winner; and authorizing an agreement between the Tax Department and the Lottery Commission for the purpose of establishing collection procedures.

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

    By Senators Prezioso, Facemire and Beach:

    Senate Bill No. 446--A Bill to amend and reenact §11-14B-14 of the Code of West Virginia, 1931, as amended, relating to conformity with the International Fuel Tax Agreement; and specifying that on and after July 1, 2013, specified provisions of the International Fuel Tax Agreement, as amended and in effect on that date, apply to motor fuel taxes collected under the International Fuel Tax Agreement.

    Referred to the Committee on Finance.

    By Senator Barnes:

    Senate Bill No. 447--A Bill to amend and reenact §21-5A-5 of the Code of West Virginia, 1931, as amended, relating to providing that the prevailing hourly rate of wages as determined by the Division of Labor may not exceed the wage as determined by the federal Davis-Bacon Act for a given locality.

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

    By Senators Beach, Plymale, Fitzsimmons and Williams:

    Senate Bill No. 448--A Bill to amend and reenact §17A-6-10c of the Code of West Virginia, 1931, as amended, relating to authorizing the commissioner to issue no more than ten additional special demonstration plates, upon a showing of need, to new and used motor vehicle dealers engaged in the business of selling trailers, truck-tractors, road-tractors or trucks and that demonstrate the motor vehicles under actual work conditions to potential purchasers.

    Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.

    By Senators Carmichael and Blair:

    Senate Bill No. 449--A Bill to amend and reenact §22-15A-5 and §22-15A-22 of the Code of West Virginia, 1931, as amended, all relating to repealing the requirement that covered electronic devices may not be disposed of in a solid waste landfill in West Virginia.

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

    By Senator Carmichael:

    Senate Bill No. 450--A Bill to repeal §55-7-13 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §55-7-13a, §55-7-13b and §55-7-13c, all relating to comparative fault; abolishing joint liability; providing that damages be allocated to any defendant held liable in direct proportion to that defendant’s percentage of fault; and providing for method of assessing fault of the parties.

    Referred to the Committee on the Judiciary.

    By Senator Beach:

    Senate Bill No. 451--A Bill to amend and reenact §29-3-16a of the Code of West Virginia, 1931, as amended, relating to carbon monoxide detectors in residential units; and clarifying that carbon monoxide detectors are not required unless a structure contains fuel-burning appliances or equipment that emit carbon monoxide byproducts.

    Referred to the Committee on the Judiciary.

    By Senator Beach:

    Senate Bill No. 452--A Bill to amend and reenact §30-7-3 of the Code of West Virginia, 1931, as amended, relating to increasing the membership of the Board of Examiners for Registered Professional Nurses from five to ten members.

    Referred to the Committee on Government Organization.

    By Senator Beach:

    Senate Bill No. 453--A Bill to amend and reenact §50-1-2 of the Code of West Virginia, 1931, as amended, relating to requiring the Supreme Court of Appeals to reimplement the number of magistrates in each county by July 1, 2013.

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

    Senators Snyder, Kessler (Mr. President), Beach, Cann, Edgell, Fitzsimmons, Green, Laird, McCabe, Miller, Tucker, Unger, Wells, Yost, Plymale, Palumbo and Williams offered the following resolution:

    Senate Resolution No. 24--Opposing the United States Supreme Court's interpretation of the Constitution in Citizens United v. Federal Election Commission regarding the constitutional rights of corporations; supporting an amendment to the Constitution to provide that corporations are not entitled to the entirety of protections or rights of natural persons, specifically so that the expenditure of corporate money to influence the electoral process is no longer a form of constitutionally protected speech; and calling on Congress to begin the process of amending the Constitution.

    Whereas, In 2010 the United States Supreme Court issued its decision in Citizens United v. Federal Election Commission, holding that independent spending on elections by corporations and other groups could not be limited by government regulations; and

    Whereas, This decision rolled back the legal restrictions on corporate spending in the electoral process, allowing for the unlimited corporate spending to influence elections, candidate selection and policy decisions; and

    Whereas, In reaching this decision, a narrow majority of the Supreme Court, relying on and expanding prior decisions, interpreted the First Amendment of the Constitution to afford corporations the same free speech protections as natural persons; and

    Whereas, The Supreme Court relied on other prior decisions which afforded the spending of money to influence elections the full protection of the First Amendment and disregarded the distorting and corrupting effects of unlimited money in elections; and

    Whereas, In his eloquent dissent, Justice John Paul Stevens rightly recognized that, "corporations have no consciences, no beliefs, no feelings, no thoughts, no desires. Corporations help structure and facilitate the activities of human beings, to be sure, and their ‘personhood’ often serves as a useful legal fiction. But they are not themselves members of ‘We the People’ by whom and for whom our Constitution was established"; and

    Whereas, The court's decision in Citizens United severely hampers the ability of federal, state and local governments to enact reasonable campaign finance reforms and regulations regarding corporate political activity; and

    Whereas, Corporations should not be afforded the entirety of protections or rights of natural persons, such that the expenditure of corporate money to influence the electoral process is a form of constitutionally protected speech; and

    Whereas, In 2012 the same narrow majority of the Supreme Court voted to strike down longstanding campaign finance laws in the State of Montana without hearing any evidence or argument on that state's own history and experience with corporate spending and corruption; and

    Whereas, Several proposed amendments to the Constitution have been introduced in Congress that would allow government to regulate the raising and spending of money by corporations to influence elections; and

    Whereas, On Election Day, 2012, over six million voters across the United States, including the states of Colorado and Montana, had the opportunity to vote on state and local ballot measures calling for a constitutional amendment to limit money in politics, and all proposed initiatives passed overwhelmingly, averaging seventy-five percent support; therefore, be it

    Resolved by the Senate:

    That the Senate opposes the United States Supreme Court's interpretation of the Constitution in Citizens United v. Federal Election Commission regarding the constitutional rights of corporations; supports an amendment to the Constitution to provide that corporations are not entitled to the entirety of protections or rights of natural persons, specifically so that the expenditure of corporate money to influence the electoral process is no longer a form of constitutionally protected speech; and calls on Congress to begin the process of amending the Constitution; and, be it

    Further Resolved, That the Senate respectfully opposes the United States Supreme Court's interpretation of the Constitution in Citizens United v. Federal Election Commission and related cases allowing unlimited corporate election spending; and, be it

    Further Resolved, That the Senate supports an amendment to the United States Constitution to establish that corporations are not entitled to the same rights and protection as natural persons under the Constitution; and, be it

    Further Resolved, That such an amendment should assure the power of the federal, state and local governments to limit, regulate and require disclosure of sources of all money spent to influence elections; and, be it

    Further Resolved, That the Senate charges the West Virginia Congressional Delegation with the duty to support such an amendment, to work diligently towards its passage and to vote at all stages to advance such legislation in the Congress; and, be it

    Further Resolved, That the Senate declares its intention to ratify such an amendment if and when the Congress shall submit it to the states; and, be it

    Further Resolved, That the Clerk is hereby directed to deliver a copy of this resolution to the Vice President of the United States and the President pro tempore of the United States Senate, to the Speaker of the House of Representatives, to the Majority and Minority Leaders of both houses of Congress and to each United States Senator and Member of the House of Representatives from West Virginia.

    Which, under the rules, lies over one day.

    The Senate proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 15, Requesting DOH name Logan County Route 5/12 "Private First Class Troy Franklin Tomblin Memorial Highway".

    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. 47, Creating General Livestock Trespass Law.

    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. 47) 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. 194, Repealing code relating to Medicaid program contract procedure.

    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. 194) passed.

    The following amendment to the title of the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:

    Eng. Senate Bill No. 194--A Bill to repeal §9-2-9b of the Code of West Virginia, 1931, as amended, relating to contract procedures for the Medicaid program; and eliminating Department of Health and Human Resources’ exemption for contracts for the Medicaid program from purchasing requirements.

    Senator Unger moved that the bill take effect from passage.

    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. 194) takes effect from passage.

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

    Eng. Senate Bill No. 214, Eliminating interview requirement for certain medical licensee applicants.

    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. 214) 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. 214) takes effect July 1, 2013.

    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. 335, Permitting certain hospitals exemption from certificate of need.

    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. 335) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    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. Com. Sub. for S. B. No. 335) takes effect from passage.

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

    Eng. Senate Bill No. 338, Relating to liability of possessor of real property for harm to trespasser.

    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. 338) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    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. 338) takes effect from passage.

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

    The Senate proceeded to the ninth order of business.

    Com. Sub. for Com. Sub. for Senate Bill No. 101, Clarifying Medical Professional Liability Act applies to nursing homes and their health care providers.

    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 eleventh order of business and the introduction of guests.

    The Senate then proceeded to the twelfth order of business.

    Remarks were made by Senators Chafin and Miller.

    Thereafter, at the request of Senator Cole, and by unanimous consent, the remarks by Senator Chafin were ordered printed in the Appendix to the Journal.

    Pending announcement of meetings of standing and select committees of the Senate, including a minority party caucus,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Wednesday, March 6, 2013, at 11 a.m.

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