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Senate Journal


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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2013

TWENTY-THIRD DAY

____________

Charleston, W. Va., Thursday, March 7, 2013

    The Senate met at 11 a.m.

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

    Prayer was offered by Minister Donnie Chapman, Dunbar Church of Christ, Dunbar, West Virginia.

    Members of the American Mountain Theater in Elkins, West Virginia, proceeded in the singing of “The Star-Spangled Banner”.

    Pending the reading of the Journal of Wednesday, March 6, 2013,

    On motion of Senator Chafin, 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.

    At the request of Senator Unger, and by unanimous consent, the provisions of rule number fifty-four of the Rules of the Senate, relating to persons entitled to the privileges of the floor, were suspended in order to grant Joshua Byers, Publisher/Editor of the Williamson Daily News, privileges of the floor for the day.

    The Senate proceeded to the third order of business.

    A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

    Eng. Com. Sub. for House Bill No. 2585--A Bill to amend and reenact §11-3-15c and §11-3-15d of the Code of West Virginia, 1931, as amended, relating to increasing the time to file a petition in response to notice of an increased assessment of certain real and personal property.

    Referred to the Committee on the Judiciary.

    The Senate proceeded to the fourth order of business.

    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. 102, Authorizing PSC promulgate rules establishing capacity improvement fee requirements.

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

    Com. Sub. for Senate Bill No. 102 (originating in the Committee on Government Organization)--A Bill to amend and reenact §24-2-2 of the Code of West Virginia, 1931, as amended, relating generally to the power of the Public Service Commission to regulate public utilities; and authorizing the Public Service Commission to promulgate rules establishing requirements for capacity improvement fees.

    And,

    Senate Bill No. 106, Relating to Bureau of Senior Services in-home care worker registry.

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

    Com. Sub. for Senate Bill No. 106 (originating in the Committee on Government Organization)--A Bill to amend and reenact §16-5P-15 of the Code of West Virginia, 1931, as amended, relating to the in-home care registry maintained by the Bureau of Senior Services; eliminating the requirement of a rule-established fee schedule; and requiring in-home care registry applicants to obtain a criminal background check as determined in legislative rule by the bureau.

    With the recommendation that the two committee substitutes 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 (Com. Sub. for S. B. Nos. 102 and 106), under the original double committee references, were then referred 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 Bill No. 103, Creating WV Commuter Rail Access Act.

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

    Com. Sub. for Senate Bill No. 103 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-18A-1, §29-18A-2, §29-18A-3, §29-18A-4 and §29-18A-5, all relating to creating the West Virginia Commuter Rail Access Act; definitions; agreement with other states requirement; verifications; and authorizing a tax credit to a railroad in lieu of payment of track access fees commencing July 1, 2014.

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

                             Respectfully submitted,

                               Robert D. Beach,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 103), under the original double committee reference, was then referred to the Committee on Finance.

    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. 107, Relating to selection of state agency administrative hearing examiners.

    And,

    Senate Bill No. 347, Requiring Public Employees Grievance Board provide training seminars to certain persons.

    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 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. 127, Requiring PSC annually report on broadband markets.

    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 Government Organization.

                             Respectfully submitted,

                               Robert D. Beach,

                                 Chair.

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

    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. 146, Collecting unpaid magistrate court charges through income tax refund withholding.

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

    Com. Sub. for Senate Bill No. 146 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §50-3-2c, relating to permitting magistrate courts to collect unpaid costs, fines, fees, forfeitures, restitution and penalties it has imposed on a defendant; permitting those unpaid amounts to be deducted from a defendant’s income tax refund; providing a process for deducting and distributing those unpaid amounts; creating the Magistrate Fines and Fees Collection Fund; permitting the Tax Commissioner to charge an administrative fee; and providing rule-making authority.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 146), under the original double committee reference, was then referred to the Committee on Finance.

    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. 157, Exempting certain nonresidents from Class D license requirement.

    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. 248, Authorizing DEP promulgate legislative rule relating to water pollution control permit fee schedules.

    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,

                               Roman W. Prezioso, Jr.,

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

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

    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. 314, Authorizing Board of Social Work promulgate legislative rule relating to qualifications for profession of social work.

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

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    The bill, under the original triple committee reference, was 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. 360, Issuing deputy sheriffs ballistic vest upon law-enforcement certification.

    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,

                               Herb Snyder,

                                 Chair.

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

    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. 386, Relating to Personal Safety Act.

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

    Com. Sub. for Senate Bill No. 386 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §53-8-4 of the Code of West Virginia, 1931, as amended, relating generally to personal safety orders; clarifying the grounds for issuance of a personal safety order for harassment; and establishing venue for issuance of a personal safety order.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    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. 387, Relating to family court judge supervision of criminal background investigations.

    And,

    Senate Bill No. 423, Providing certain convicted persons reduction in sentence.

    And reports the same back with the recommendation that they each do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    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. 9, Requesting DOH name bridge in Boone County "Naval Chief Boatswain Fred L. Byrnside and Army Captain Dora Jo Chambers Byrnside Memorial Bridge".

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

    And,

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

    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. 9, 11 and 12) 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

    House Concurrent Resolution No. 42, The "Mike Whitt Visionary Leadership Highway".

    And has amended same.

    And reports the same back with the recommendation that it be adopted, as amended.

                             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 Senators Miller, Williams, Stollings, Kessler (Mr. President) and Beach:

    Senate Bill No. 470--A Bill to amend and reenact §60-8-3 of the Code of West Virginia, 1931, as amended, relating to permitting farm wineries to sell samples and wine during the operation of fairs or festivals on Sunday mornings.

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

    By Senator Stollings:

    Senate Bill No. 471--A Bill to amend and reenact §18A-4-8 of the Code of West Virginia, 1931, as amended, relating to clarifying the definition of “years of employment” for retirement purposes from a county board of education.

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

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

    Senate Bill No. 472--A Bill to amend and reenact §22-11-6 of the Code of West Virginia, 1931, as amended, relating to protecting state waters; legislative findings; and an implementation plan to establish state-specific selenium criteria.

    Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.

    By Senators Chafin and Beach:

    Senate Bill No. 473--A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to providing that the Commissioner of the Division of Highways may issue ten-year vehicle registration plates to recipients of the Bronze Star Medal.

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

    By Senator Chafin:

    Senate Bill No. 474--A Bill to amend and reenact §36-8-2 of the Code of West Virginia, 1931, as amended, relating to clarifying that there must be five years of continuous inactivity of a noninterest-bearing demand, savings or time deposit before it may be presumed to be abandoned for unclaimed property purposes; and clarifying that there must be seven years of continuous inactivity of an interest-bearing demand, savings or time deposit before it may be presumed to be abandoned for unclaimed property purposes.

    Referred to the Committee on Banking and Insurance; and then to the Committee on Government Organization.

    By Senators Chafin, Barnes, Beach, Carmichael, Cole, Green, D. Hall, Laird, McCabe, Miller, Nohe, Sypolt, Walters, Williams, Stollings, Kessler (Mr. President) and Unger:

    Senate Bill No. 475--A Bill to amend and reenact §17-16A-13 of the Code of West Virginia, 1931, as amended, relating to requiring the West Virginia Parkways, Economic Development and Tourism Authority to transfer a certain portion of the revenues generated from its operation of the highway formerly known as the West Virginia Turnpike to the county commissions where that highway is located.

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

    By Senators Barnes, Blair, Cole, Cookman, Green, Sypolt, Williams, Stollings and D. Hall:

    Senate Bill No. 476--A Bill to amend and reenact §20-2-58 of the Code of West Virginia, 1931, as amended, relating to providing an exception to allow a homeowner or tenant to discharge a firearm in a lawful manner within five hundred feet of a dwelling house in which that person lives if no other dwelling house is located within five hundred feet of the person shooting; and raising the distance within which a person can discharge a firearm from a school or church from four hundred feet to five hundred feet.

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

    By Senator Palumbo:

    Senate Bill No. 477--A Bill to repeal §3-2-24 of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-2-5, §3-2-6, §3-2-7, §3-2-10 and §3-2-11 of said code, all relating to electronic registration of voters.

    Referred to the Committee on the Judiciary.

    By Senators Miller, Laird, Barnes and Williams:

    Senate Bill No. 478--A Bill to amend and reenact §29-22A-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §29-22B-332 of said code; and to amend and reenact §29-25-2 and §29-25-24 of said code, all relating to deleting those video lottery games which allow players an option to select replacement symbols or numbers or additional symbols or numbers after the game is initiated and in the course of play from the definition of “video lottery game”; and permitting an employee of an historic resort hotel to wager at the gaming facility of that historic hotel.

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

    By Senator Snyder:

    Senate Bill No. 479--A Bill to amend and reenact §31D-15-1532 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §31D-15-1533; to amend and reenact §31E-14-1432 of said code; and to amend and reenact §59-1-2 of said code, all relating to providing a procedure for foreign profit and nonprofit corporations to reinstate in the statutory manner provided for limited liability companies.

    Referred to the Committee on the Judiciary.

    By Senators Blair, Snyder and Unger:

    Senate Bill No. 480--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §60-6A-1 and §60-6A-2, all relating to requiring that bartenders be licensed by the Alcohol Beverage Control Commissioner.

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

    By Senators Palumbo, Unger, Jenkins and Tucker:

    Senate Bill No. 481--A Bill to amend and reenact §27-4-1 of the Code of West Virginia, 1931, as amended, relating to juvenile mental health, intellectual disability and addiction; permitting acceptance of a notarized application in lieu of in-person application for certain voluntary hospitalization; allowing use of article five, chapter twenty-seven of said code for juveniles in certain situations; requiring parents or guardians to transport minors for voluntary hospitalization; creating exceptions to that requirement by affidavit to circuit court, mental hygiene commissioner or magistrate court; requiring transfer by county sheriff upon order of circuit court, mental hygiene commissioner or magistrate court; providing for payment of voluntary hospitalization for juveniles in certain circumstances; and requiring mental health facilities to make their application immediately accessible in certain situations.

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

    By Senator Palumbo:

    Senate Bill No. 482--A Bill to amend and reenact §3-2-30 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §59-1-2b, all relating to the preparation and sale of voter registration lists; exempting certain voter data from being provided; permitting voter lists be obtained for noncommercial purposes at a cost of the actual costs of producing the list; setting forth the fees to be charged for the sale of voter registration lists; setting forth the types of lists and services that are available; requiring the net proceeds from the voter registration list sales be deposited in the State Election Fund; and clarifying that the Secretary of State may share voter information with those authorized to receive the information.

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

    By Senators Plymale, Stollings, Unger, Beach and Tucker:

    Senate Bill No. 483--A Bill to amend and reenact §33-3-33 of the Code of West Virginia, 1931, as amended, relating to taking back the surcharge on fire and casualty insurance policies to one percent and have this surcharge benefit volunteer and part-volunteer fire departments.

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

    Senators Barnes, Cookman, Tucker, Stollings, Unger and Plymale offered the following resolution:

    Senate Concurrent Resolution No. 17--Requesting the Division of Highways to name bridge number 42-5/5-0.04 on Route 5/5 in Randolph County the "Army Captain Bernard Francis Jones Memorial Bridge".

    Whereas, Captain Jones was born in Coalton and graduated from Coalton High School in 1958; and

    Whereas, Captain Jones enlisted in the United States Army in the autumn of 1958 and served until 1961; and

    Whereas, Upon his return home Captain Jones attended Davis and Elkins College; and

    Whereas, Captain Jones reenlisted in the United States Army, attended Officer Candidate School and received an officer’s commission; and

    Whereas, Captain Jones served with Advisory Team 91 in Vietnam from 1965 until his death in 1967; and

    Whereas, Captain Jones was awarded the Bronze Star, Air Medal, Army Commendation Medal, Good Conduct Medal, Purple Heart, National Defense Service Medal, Vietnam Service Medal, Combat Infantry Medal, Republic of Vietnam Campaign Medal, Parachutist Badge and Expert Rifle Badge; and

    Whereas, It is fitting to honor Captain Jones for his commitment, dedication and service to his country and his state and having made the ultimate sacrifice; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name bridge number 42-5/5-0.04 on Route 5/5 in Randolph County the "Army Captain Bernard Francis Jones 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 "Army Captain Bernard Francis Jones 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 family of Captain Bernard Francis Jones.

    Which, under the rules, lies over one day.

    Senators Cann, Facemire, Stollings, Kessler (Mr. President), Unger, D. Hall and Plymale offered the following resolution:

    Senate Resolution No. 27--Recognizing the Southern Area Public Library, recipient of the Bill and Melinda Gates Foundation’s 2013 Best Small Library in America.

    Whereas, The Southern Area Public Library, located in Lost Creek, West Virginia, is under the direction of Mary Beth Stenger; and

    Whereas, Of the 175 public libraries in West Virginia, the Southern Area Public Library is the smallest with a service population of 498; and

    Whereas, Since 1984, the Southern Area Public Library has been located in a former bank building facing Main Street, and has seen technology updates, new books and movies, renovations and a flow of nearly eight thousand people through its doors; and

    Whereas, The Southern Area Public Library holds 10,706 books and videos, houses eight computers, serves as a meeting place for a book club, knitting group and children’s art classes and offers programs that the entire community can participate in, all of which make it a central gathering place for the citizens of Lost Creek; and

    Whereas, Because of its activity, energy, growth and community engagement, the Southern Area Public Library was chosen as the 2013 Best Small Library in America by the Bill and Melinda Gates Foundation, and was awarded a prize of $20,000; and

    Whereas, With the recognition afforded to it by the Bill and Melinda Gates Foundation, the Southern Area Public Library, which has already been transformed from a good, traditional public library into a modern, bustling center of community activity, information and learning, will now be able to further its progression and its community initiatives; therefore, be it

    Resolved by the Senate:

    That the Senate hereby recognizes the Southern Area Public Library, recipient of the Bill and Melinda Gates Foundation’s 2013 Best Small Library in America; and, be it

    Further Resolved, That the Senate acknowledges the dedication and commitment of Mary Beth Stenger in making the Southern Area Public Library the heart of Lost Creek and something that all West Virginians should be proud of; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Mary Beth Stenger, Director of the Southern Area Public Library.

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

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

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

    Senate Concurrent Resolution No. 16, Requesting DOH name County Route 5/07 in Logan County "Army PFC James Edward Workman Memorial Road".

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

    The Senate proceeded to the ninth order of business.

    Com. Sub. for Senate Bill No. 139, Regulating certain purchases of precious metals and gems.

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

    On motion of Senator Unger, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.

    On suspending the constitutional rule, 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.

    Engrossed Committee Substitute for Senate Bill No. 139 was then read a third time and put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 139) passed with its title.

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

    Com. Sub. for Senate Bill No. 435, Continuing Municipal Home Rule Pilot Program.

    On second reading, coming up in regular order, was read a second time.

    On motions of Senators Jenkins and Plymale, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:

    On page four, section five-a, line thirty-nine, by changing the period to a colon and inserting the following proviso: Provided, That the four municipalities participating in the pilot program on July 1, 2012, are hereby authorized to continue in the pilot program and may amend current written plans and/or submit new written plans in accordance with the provisions of this section: Provided, however, That if any of the four municipalities participating in the pilot program on July 1, 2012, do not want to participate in the pilot program, then the municipality must submit a written letter to the board indicating the municipality’s desire not to participate.;

    And,

    On page six, section five-a, line eighty-two, after the word “participate” by inserting the words “or continue to participate”.

    On motions of Senators Snyder and Miller, the following amendments to the bill (Com. Sub. for S. B. No. 435) were next reported by the Clerk, considered simultaneously, and adopted:

    On page four, section five-a, line thirty-six, by striking out the word “ten” and inserting in lieu thereof the word “fourteen”;

    On page five, section five-a, line sixty-six, after the word “ten” by inserting the word “new”;

    And,

    On page eight, section five-a, line one hundred fifteen, after the word “ten” by inserting the word “new”.

    The bill (Com. Sub. for S. B. No. 435), as amended, was then ordered to engrossment and third reading.

    On motion of Senator Unger, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.

    On suspending the constitutional rule, 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.

    Engrossed Committee Substitute for Senate Bill No. 435 was then read a third time and put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 435) 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. Com. Sub. for S. B. No. 435) takes effect July 1, 2013.

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

    The Senate proceeded to the tenth order of business.

    Senate Bill No. 125, Permitting Monongalia County Commission to levy special district excise tax.

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

    The Senate proceeded to the twelfth order of business.

    Remarks were made by Senator Barnes.

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Friday, March 8, 2013, at 11 a.m.

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