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SENATE (2014)(RS):| Bills Introduced | Bill History | Topical Index | Committee Schedule | Calendar | Journal | Menu |

Senate Journal



Day 014 (Part 8-)
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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2014

TWENTY-FIRST DAY

____________

Charleston, W. Va., Tuesday, January 28, 2014

    The Senate met at 11 a.m.

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

    Prayer was offered by Bishop Joe Thomas, Nondenominational Fellowship Pentecostal Ministries, Charleston, West Virginia.

    Pending the reading of the Journal of Monday, January 27, 2014,

    On motion of Senator D. Hall, 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. House Bill No. 4006--A Bill to amend and reenact §61-8C-3 of the Code of West Virginia, 1931, as amended, relating to crimes pertaining to the possession, transmission, transportation, distribution and exhibiting of material depicting minors in sexually explicit conduct; adding the accessing of such materials with intent to view as a defined offense; creating an enhanced felony offense and penalty for possessing, accessing with intent to view, transporting, receiving or distributing files or materials which contain more than five hundred images in digital, photographic or video format which depict minors engaging in sexually explicit conduct; providing enhanced criminal penalties when the offender was previously convicted of a sexual offense when the victim was a child; and establishing criminal penalties for second or subsequent violations.

    Referred to the Committee on the Judiciary.

    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. 4177--A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2014, to the Department of Health and Human Resources, Human Rights Commission, fund 8725, fiscal year 2014, organization 0510, to the Department of Military Affairs and Public Safety, Adjutant General - West Virginia National Guard Counterdrug Forfeiture Fund, fund 8785, fiscal year 2014 organization 0603, to the Department of Military Affairs and Public Safety, West Virginia State Police, fund 8741, fiscal year 2014, organization 0612, and to the Department of Veterans’ Assistance, fund 8858, fiscal year 2014, organization 0613, by supplementing and amending chapter four, Acts of the Legislature, regular session, 2013, known as the budget bill.

    Referred to the Committee on Finance.

    The Senate proceeded to the fourth order of business.

    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. 166, Authorizing Tax Department promulgate legislative rule relating to municipal sales and service and use tax administration.

    And,

    Senate Bill No. 167, Authorizing Tax Department promulgate legislative rule relating to special reclamation tax credit.

    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 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. 177, Authorizing Insurance Commissioner promulgate legislative rule relating to utilization review and benefit determination.

    And has amended same.

    Senate Bill No. 178, Authorizing Insurance Commissioner promulgate legislative rule relating to health plan insurer internal grievance procedure.

    And has amended same.

    And,

    Senate Bill No. 179, Authorizing Insurance Commissioner promulgate legislative rule relating to external review of adverse health insurance determinations.

    And has amended same.

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

                             Respectfully submitted, 

                               Gregory A. Tucker,

                                 Chair.

    The bills, under the original double committee references, were then referred to the Committee on the Judiciary, with amendments from the Committee on Banking and Insurance pending.

    Senator Wells, from the Committee on Military, submitted the following report, which was received:

    Your Committee on Military has had under consideration

    Senate Bill No. 280, Expanding Military Incentive Program to all economically disadvantaged veterans.

    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 Finance.

                             Respectfully submitted,

                               Erik P. Wells,

                                 Chair.

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

    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. 349, Prohibiting nonrenewal or cancellation of certain property insurance coverage policies.

    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,

                               Gregory A. Tucker,

                                 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 Banking and Insurance pending.

    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. 402, Permitting recovery of service charge and fees charged to Tax Commissioner by financial institutions.

    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 Finance.

                             Respectfully submitted,

                               Gregory A. Tucker,

                                 Chair.

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

    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 Palumbo, Cookman, Laird, Barnes, Unger, Kessler (Mr. President), Tucker, Plymale, Stollings, Wells, M. Hall and Chafin:

    Senate Bill No. 440--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §62-1G-1, §62-1G-2, §62-1G-3, §62-1G-4, §62-1G-5 and §62-1G-6, all relating to the requirement of the electronic audio and video or audio recording of all law-enforcement questioning of felony suspects; creating a presumption of inadmissability to statements taken which are not in compliance with the article; setting forth exceptions thereto; requiring preservation of electronic recordings; and establishing an effective date.

    Referred to the Committee on the Judiciary.

    By Senator Beach:

    Senate Bill No. 441--A Bill to amend and reenact §3-1-5 and §3-1-29 of the Code of West Virginia, 1931, as amended, all relating to establishing voting precincts and changing the composition of standard receiving boards; increasing the limit on the size of voting precincts to three thousand registered voters in urban areas and one thousand five hundred in rural areas; permitting precincts in urban or rural areas to have fewer than the minimum numbers of registered voters allowed; permitting an increase in the size of standard receiving boards in enlarged precincts; providing an option to have more poll workers and commissioners; and permitting fewer poll workers in precincts during a municipal election where there is no simultaneous state or county election.

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

    By Senators Beach, Kessler (Mr. President), Fitzsimmons and Williams:

    Senate Bill No. 442--A Bill to amend and reenact §61-6-19 of the Code of West Virginia, 1931, as amended, relating to permitting those individuals who have been issued concealed weapons permits to keep loaded firearms in their motor vehicles on the State Capitol Complex grounds if the vehicles are locked and the weapons are out of normal view.

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

    By Senators Kirkendoll, Cann, Edgell and Carmichael:

    Senate Bill No. 443--A Bill to amend and reenact §15-2A-2, §15-2A-5 and §15-2A-11a of the Code of West Virginia, 1931, as amended, all relating to the West Virginia State Police Retirement System; providing definitions; removing the requirement to set the employer contribution rate by legislative rule; requiring that a disability retirant’s annuity be terminated when the board determines that the recipient has engaged in substantial gainful activity; requiring that a partially disabled retirant’s annuity be terminated when they become employed as a law-enforcement officer; providing for reapplication of disability retirement within ninety days of effective termination; and clarifying that application for regular retirement benefits may be made by those terminated upon meeting eligibility requirements.

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

    By Senators Kirkendoll, Cann, Edgell, Carmichael and Plymale:

    Senate Bill No. 444--A Bill to amend and reenact §5-10-2, §5-10-31 and §5-10-48 of the Code of West Virginia, 1931, as amended, all relating to the Public Employees Retirement System; defining “compensation” and “employee” in this article; removing the requirement to set employer contribution rate by legislative rule; and allowing employee and employer retirement contributions to be credited to the participating public employer when a retirant is reemployed for less than one year.

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

    By Senators Beach, Kessler (Mr. President), Fitzsimmons, Williams and Cann:

    Senate Bill No. 445--A Bill to amend and reenact §20-2-5 and §20-2-6a of the Code of West Virginia, 1931, as amended, all relating to clarifying circumstances under which a person may possess certain firearms while afield engaging in outdoor recreational activities.

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

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

    Senate Concurrent Resolution No. 19--Requesting the Division of Highways to name bridge number 022-11/00-7.59, known as the Branchland Beam Span, located 0.12 miles north of State Route 10 in Lincoln County, the "Sergeant Paul Norman Chapman Memorial Bridge".

    Whereas, Paul Norman Chapman was born October 18, 1919, in Lincoln County, the son of Albert and Norma Chapman of Branchland, Lincoln County. He had a brother, Corporal Lyle Chapman, and sister, Virginia Chapman. He graduated from Guyan Valley High School. He enlisted in the United States Army in Huntington, West Virginia, at age twenty. He was mortally wounded while effecting a landing under fire at Casablanca on November 9, 1942. An award of the Purple Heart was made posthumously; and

    Whereas, Sergeant Paul Norman Chapman made the ultimate sacrifice for his country and in doing so represented Branchland, Lincoln County, West Virginia, and his country with the highest levels of honor and courage and his sacrifice should not go unnoticed, and naming the bridge in Lincoln County for him is an appropriate recognition of his ultimate sacrifice for state and country; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name bridge number 022-11/00-7.59, known as the Branchland Beam Span, located 0.12 miles north of State Route 10 in Lincoln County, the "Sergeant Paul Norman Chapman Memorial Bridge"; and, be it

    Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Sergeant Paul Norman Chapman 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 the surviving family members of Sergeant Paul Norman Chapman.

    Which, under the rules, lies over one day.

    Senators Kessler (Mr. President), Unger, Barnes, Blair, Cann, Carmichael, Cole, M. Hall, Kirkendoll, Laird, McCabe, Miller, Palumbo, Stollings, Sypolt, Walters, Wells, Williams, Yost, Snyder, Tucker, Plymale, Prezioso, Cookman, Fitzsimmons, Jenkins and D. Hall offered the following resolution:

    Senate Concurrent Resolution No. 20--Recognizing the value and importance of the state's innovation industry, which is interested in realizing the long-term economic opportunities that an innovation-based economy can provide our state's citizens.

    Whereas, Research and innovation continue to be bedrocks of America’s economic strength and vitality; and

    Whereas, Facilitating innovation-based economic development and the growth of entrepreneurial companies are critical to our state's future and prosperity; and

    Whereas, In 2013, West Virginia continued to make good progress toward a broader, more roust innovation economy; and

    Whereas, Entrepreneurs and small businesses create the vast majority of the new jobs in the United States; and

    Whereas, Research and development activities being done in federally funded, university and private laboratories in our state are important for new discoveries, scientific and engineering solutions and potential commercialization opportunities; and

    Whereas, Recent studies point to the need for states to nurture research and development activities, develop innovation assets and grow businesses to diversify their economies; and

    Whereas, A technology-based economic development study by the Battelle Technology Partnership Practice highlighted four key innovation clusters where West Virginia should focus its innovation efforts; and

    Whereas, These four key innovation clusters are advanced energy, chemicals/advanced materials, biometrics and identity management and biotechnology; and

    Whereas, Innovations in manufacturing, such as 3D printing, are opening new opportunities for West Virginia's small manufacturing firms to develop new products and processes to improve their bottom lines; and

    Whereas, There is growing interest in entrepreneurship across our state as business plan competitions are attracting record-setting numbers of applications and other groups are exploring ways to bring entrepreneurship education into the K-12 system; and

    Whereas, Improving access to risk capital is a critical need that is being addressed by existing and new public and private programs, such as the West Virginia Capital Access Program, the 1NNOVA Fund, the West Virginia Growth Investment LLC and the Appalachian Community Capital; and

    Whereas, More than one hundred organizations, agencies and companies are working together to help advance the state's innovation and entrepreneurship potential and capacity; and

    Whereas, West Virginia has developed an integrated ecosystem of organizations, agencies and financial firms working collaboratively to spur innovation enterprises and jobs; and

    Whereas, Many of these innovation drivers are here at the Capitol today as part of the “Innovation & Entrepreneurship Day” hosted by Industries of the Future--West Virginia and TechConnect WV; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby recognizes the value and importance of the state's innovation industry, which is interested in realizing the long-term economic opportunities that an innovation-based economy can provide our state's citizens; and, be it

    Further Resolved, That the innovation industry is interested in realizing the long-term economic opportunities that an innovation-based economy can provide our state's citizens; and, be it

    Further Resolved, That the Legislature expresses its strong support for continued R&D advancements and applauds the collaborative efforts that are demonstrated by the organizations, agencies and companies that are supporting “Innovation & Entrepreneurship Day” at the Capitol; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to Industries of the Future--West Virginia and TechConnect WV.

    Which, under the rules, lies over one day.

    The Senate proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 18, Recognizing additional higher education funding cuts to be detrimental.

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

    Senate Resolution No. 9, Urging construction of state veterans' nursing home in Beckley.

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

    The Senate proceeded to the eighth order of business.

    Eng. Com. Sub. for Senate Bill No. 12, Relating to expedited partner therapy treatment.

    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, 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)--33.

    The nays were: None.

    Absent: Facemire--1.

    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. 12) 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. 196, Authorizing Division of Rehabilitation Services promulgate legislative rule relating to Ron Yost Personal Assistance Services Act 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, 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)--33.

    The nays were: None.

    Absent: Facemire--1.

    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. 196) 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, 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)--33.

    The nays were: None.

    Absent: Facemire--1.

    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. 196) 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. 208, Relating to Rural Health Initiative Act.

    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, 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)--33.

    The nays were: None.

    Absent: Facemire--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 208) passed.

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

    Eng. Senate Bill No. 208--A Bill to repeal §18B-16-7, §18B-16-8 and §18B-16-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18B-16-1, §18B-16-2, §18B-16-3, §18B-16-4, §18B-16-5 and §18B-16-6 of said code, all relating to continuing the Rural Health Initiative; setting forth legislative findings, purpose and definitions; modifying goals; discontinuing the Rural Health Advisory Panel and assigning certain of its duties to the Vice Chancellor for Health Sciences; deleting the requirement for creation of primary health care education sites; clarifying certain funding mechanisms and audit and reporting requirements; strengthening accountability measures; updating names; making technical corrections; and deleting obsolete language.

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

    Eng. Senate Bill No. 209, Allowing special needs students to participate in graduation ceremonies.

    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, 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)--33.

    The nays were: None.

    Absent: Facemire--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 209) 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, 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)--33.

    The nays were: None.

    Absent: Facemire--1.

    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. 209) 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. 251, Implementing terms of Uniform Arbitration Act.

    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, 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)--32.

    The nays were: Fitzsimmons--1.

    Absent: Facemire--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 251) passed with its title.

    Senator Unger moved that the bill take effect July 1, 2014.

    On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, 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)--32.

    The nays were: Fitzsimmons--1.

    Absent: Facemire--1.

    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. 251) takes effect July 1, 2014.

    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. 310, Adjusting penalties for willful failure to pay child support.

    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, 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)--33.

    The nays were: None.

    Absent: Facemire--1.

    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. 310) 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. 316, Relating to tolling with regard to civil actions.

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

    At the request of Senator Palumbo, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.

    Eng. Senate Bill No. 341, Making supplementary appropriation from State Excess Lottery Revenue Fund to Division of Human Services.

    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, 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)--33.

    The nays were: None.

    Absent: Facemire--1.

    So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 341) 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, 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)--33.

    The nays were: None.

    Absent: Facemire--1.

    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. 341) 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. 359, Removing hand canvassing requirements of electronic voting machines.

    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, 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)--33.

    The nays were: None.

    Absent: Facemire--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 359) 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, 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)--33.

    The nays were: None.

    Absent: Facemire--1.

    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. 359) takes effect from passage.

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

    Eng. Com. Sub. for Com. Sub. for Senate Bill No. 373, Relating to water resources protection.

    On third reading, coming up in regular order, was read a third time and put upon its passage.

    Pending extended discussion,

    The question being “Shall Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 373 pass?”

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, 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)--33.

    The nays were: None.

    Absent: Facemire--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 373) passed with its title.

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

    Thereafter, at the request of Senator Sypolt, and by unanimous consent, the remarks by Senators Wells, Walters, Kirkendoll, Jenkins, M. Hall and Cann regarding the passage of Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 373 were ordered printed in the Appendix to the Journal.

    At the request of Senator Prezioso, unanimous consent being granted, the remarks by Senator Unger regarding the passage of Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 373 were ordered printed in the Appendix to the Journal.

    At the request of Senator Walters, and by unanimous consent, the remarks by Senator Green regarding the passage of Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 373 pass were ordered printed in the Appendix to the Journal.

    The Senate proceeded to the ninth order of business.

    Senate Bill No. 394, Redesignating Health Sciences Scholarship Program as Health Sciences Service Program.

    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 twelfth order of business.

    Remarks were made by Senator Stollings.

    On motion of Senator Unger, a leave of absence for the day was granted Senator Facemire.

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Wednesday, January 29, 2014, at 11 a.m.

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