Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home
SENATE (2014)(RS):| Bills Introduced | Bill History | Topical Index | Committee Schedule | Calendar | Journal | Menu |

Senate Journal


Day 1
Day 2
Day 3
Day 6
Day 7
Day 8
Day 9
Day 10
Day 13
Day 14
Day 15
Day 16
Day 17
Day 20
Day 21
Day 22
Day 23
Day 24
Day 27
Day 28
Day 29
Day 30
Day 31
Day 34
Day 35
Day 36
Day 37
Day 38
Day 41
Day 42
Day 43
Day 44
Day 45
Day 48
Day 49
Day 50
Day 51
Day 52
Day 55
Day 56
Day 57
Day 58
Day 59
Day 60
Day 61
Day 62
Day 63
Day 64
Day 65
Day 66

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2014

TWENTY-THIRD DAY

____________

Charleston, W. Va., Thursday, January 30, 2014

    The Senate met at 11 a.m.

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

    Prayer was offered by the Reverend Frank Shomo, Elizabeth Memorial United Methodist Church, Charleston, West Virginia.

    Pending the reading of the Journal of Wednesday, January 29, 2014,

    On motion of Senator Facemire, 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 Clerk presented a communication from the Development Office, submitting its annual Neighborhood Investment Program report as required by chapter eleven, article thirteen-j, section four-a of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

    The Senate proceeded to the third order of business.

    A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of

    Eng. Senate Bill No. 346, Making supplementary appropriation from Lottery Net Profits to DNR and Bureau of Senior Services.

    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. Com. Sub. for House Bill No. 2954--A Bill to amend and reenact §22A-11-2 of the Code of West Virginia, 1931, as amended, relating to requiring that members of the Mine Safety Technology Task Force, except ex officio members are paid the same compensation and expense reimbursement as members of the Legislature are paid for each day or portion thereof engaged in the discharge of their interim duties.

    Referred to the Committee on Energy, Industry and Mining; then to the Committee on Government Organization; and then to the Committee on Finance.

    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. 2966--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-5G-1, §21-5G-2, §21-5G-3 and §21-5G-4, all relating to employment and privacy protection; prohibiting an employer from requesting or requiring that an employee or applicant disclose any user name, password, or other means for accessing a personal account or service through certain electronic communications devices; prohibiting an employer from taking or threatening to take, certain disciplinary actions for an employee’s refusal to disclose certain password and related information; prohibiting an employer from failing or refusing to hire an applicant as a result of the applicant’s refusal to disclose certain password and related information; prohibiting an employee from downloading certain unauthorized information or data to certain Web sites or Web-based accounts; providing that an employer is not prevented from conducting certain investigations for certain purposes, including gathering information needed for compliance with mandatory state or federal regulations; and duties not created under this article.

    Referred to the Committee on Labor; then to the Committee on Government Organization; and then 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. Com. Sub. for House Bill No. 4002--A Bill to repeal §11-1C-5b of the Code of West Virginia, 1931, as amended; to repeal §18-9A-2a of said code; and to amend and reenact §18-9A-2 and §18-9A-11 of said code, all relating to the computation of local share for public school support purposes; repealing, retrospectively to June 30, 2013, provisions requiring the use of assumed assessed real property values that are based upon an assessment ratio study instead of actual real property values for the purpose of the computation of local share for public school support purposes; repealing, retrospectively to June 30, 2013, provisions that require that the annual amount of local share for which a county board of education is responsible be increased where, during the prior year, the real property assessments in that county were not at least fifty-four percent of market value as indicated by the assessment ratio study; revising definitions; reducing the amount deducted as an allowance for usual losses in collections, due to discounts, exonerations, delinquencies and the like, for purposes of calculating local share; expressing legislative intent to continue the computation of local share for public school support based upon actual real property values rather assumed assessed real property values; expressing legislative intent that the annual amount of local share for which a county board of education is responsible continue to be computed without reference to whether the real property assessments in that county were at least fifty-four percent of market value in the prior year; and removing provisions requiring county school boards to provide funding for public libraries from local share.

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

    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. 4139--A Bill to amend and reenact §48-9-209 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §48-9-209a, all relating to restricted parental rights of child custody and visitation when a child was conceived as a result of a sexual assault or sexual abuse; denying custody and visitation rights to a natural parent convicted of sexual assault when a child is produced as a result of the offense, unless the victim or guardian consents and it is in the best interests of the child; providing limited exceptions when the biological parents cohabit; creating a rebuttable presumption against the granting of sole or joint custody to the perpetrator of the offense under certain circumstances; providing a mechanism to petition the court for consideration of additional factors and protections in a parenting plan when a child is the product of a sexual assault or sexual abuse; burden of proof to met by the petitioner; and clarifying the natural parent’s continuing support obligations.

    Referred to the Select Committee on Children and Poverty; and then 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. 32, Authorizing Legislative Auditor to collect sunrise application review fees.

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

    Com. Sub. for Senate Bill No. 32 (originating in the Committee on Government Organization)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §4-2-4a; and to amend said code by adding thereto a new section, designated §30-1A-2a, all relating to the sunrise application review process; authorizing the Legislative Auditor to establish and charge fees for the sunrise application review process; and reporting requirements.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Herb Snyder,

                                 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. 165, Authorizing Office of Administrative Hearings promulgate legislative rule relating to appeal procedures.

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

    Com. Sub. for Senate Bill No. 165 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Transportation; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing the Office of Administrative Hearings to promulgate a legislative rule relating to appeal procedures; and authorizing the Commissioner of Highways to promulgate a legislative rule relating to the transportation of hazardous wastes upon the roads and highways.

    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. 257, Relating to real property possessor’s liability for harm to trespassers.

    And,

    Senate Bill No. 380, Redefining "all-terrain and utility terrain vehicles".

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 314, Appropriating hotel occupancy tax proceeds to counties with no more than one hospital.

    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,

                               Herb Snyder,

                                 Chair.

    At the request of Senator Prezioso, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Government Organization.

    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. 325, Providing State Fire Marshal serve at will and pleasure of Fire Commission.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    Senator Williams, from the Committee on Economic Development, submitted the following report, which was received:

    Your Committee on Economic Development has had under consideration

    Senate Bill No. 328, Terminating Strategic Research and Development Tax Credit.

    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,

                               Bob Williams,

                                 Chair.

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

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

    Your Committee on Natural Resources has had under consideration

    Senate Bill No. 353, Relating to timber theft in state forests.

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

    Com. Sub. for Senate Bill No. 353 (originating in the Committee on Natural Resources)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1A-3b, relating to timber theft in state forests; providing the Division of Forestry authority to investigate and enforce timber theft violations in state forests; and setting forth criminal and civil penalties.

    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,

                               William R. Laird IV,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 353), under the original double 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. 356, Relating to purchasing reforms.

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

    Com. Sub. for Senate Bill No. 356 (originating in the Committee on Government Organization)--A Bill to amend and reenact §5A-1-1 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §5A-1-10; to amend and reenact §5A-3-1, §5A-3-3, §5A-3-4, §5A-3-5, §5A-3-11, §5A-3-17, §5A-3-28, §5A-3-30 and §5A-3-31 of said code; and to amend said code by adding thereto three new sections, designated §5A-3-10d, §5A-3-10e and §5A-3-60, all relating generally to purchasing; revising the definition of “commodities”; eliminating the definition of “contractual services”; defining “contract”, “grant”, “procurement”, “public funds” and “services”; revising the definition of “vendor”; requiring state spending units to purchase commodities and services on a competitive basis; authorizing the Secretary of the Department of Administration to issue a notice to cease and desist when purchases are not made on a competitive basis; clarifying the purposes and policies of the Purchasing Division; clarifying the applicability of the article; clarifying that procurements must include adequate specifications and descriptions; authorizing the Director of Purchasing to issue a notice to cease and desist when purchases are not made on a competitive basis; adding the term “services” to where “commodities” is referenced throughout the code; removing reference to “contractual services”; authorizing reverse auctions for purchasing commodities; defining “reverse auction”; permitting third-party vendors to administer reverse auctions; affording the Director of the Purchasing Division rule-making authority to implement reverse auctions; authorizing master contracts and the direct order process for the direct procurement of certain commodities; defining “information technology”, “state”, “master agreement”, “prequalified vendor” and the “direct ordering process”; requiring approval of the Director of the Purchasing Division for master contracts, direct order of commodities pursuant to a master contract anticipated to cost in excess of $50,000 and information technology procurements anticipated to cost in excess of $1,000,000; affording the Director of the Purchasing Division rule-making authority to establish procedures regarding master contracts, preapproval, the direct ordering process and related matters; clarifying circumstances in which grants are exempt from competitive bidding requirements; imposing personal liability upon spending officers and other responsible individuals who have knowingly and willfully violated competitive bidding requirements; expanding criminal penalties for undermining competition; requiring certain executive department officials to attend annual training on purchasing procedures; and making technical corrections.

    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,

                               Herb Snyder,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 356), under the original double committee reference, was then referred to the Committee on the Judiciary.

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

    Your Committee on Natural Resources has had under consideration

    Senate Bill No. 357, Relating to Logging Sediment Control Act civil and criminal penalties.

    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,

                               William R. Laird IV,

                                 Chair.

    The bill, under the original double 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. 393, Amending funding levels and date Governor may borrow from Revenue Shortfall Reserve Fund.

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

    Com. Sub. for Senate Bill No. 393 (originating in the Committee on Government Organization)--A Bill to amend and reenact §11B-2-20 of the Code of West Virginia, 1931, as amended, relating to the Revenue Shortfall Reserve Fund; increasing the percentage of surplus revenue paid into the fund for fiscal years 2014 and 2015; and changing the October 31 deadline that the Governor may borrow money from the fund to April 1 for a limited period.

    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,

                               Herb Snyder,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 393), under the original double committee reference, was then referred to the Committee on Finance.

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

    Your Committee on the Judiciary has had under consideration

    Senate Bill No. 408, Relating to parole.

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

    Com. Sub. for Senate Bill No. 408 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §62-12-13 of the Code of West Virginia, 1931, as amended, relating to powers and duties of the Parole Board; eligibility for parole; clarifying the procedures for granting parole; and clarifying that a parole-eligible inmate is entitled to a timely parole hearing regardless on where he or she is housed.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 415, Changing due date of certain county commission tax reports.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    Senator Williams, from the Committee on Economic Development, submitted the following report, which was received:

    Your Committee on Economic Development has had under consideration

    Eng. Com. Sub. for House Bill No. 4175, West Virginia Small Business Emergency Act.

    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,

                               Bob Williams,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Economic Development pending.

    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 Walters, Blair, Carmichael, McCabe, Palumbo and Wells:

    Senate Bill No. 450--A Bill to amend and reenact §60-1-5 of the Code of West Virginia, 1931, as amended, relating to the sale and consumption of alcoholic liquors in outdoor dining areas adjoining an ABCA-licensed facility.

    Referred to the Committee on the Judiciary.

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

    Senate Bill No. 451--A Bill to amend and reenact §5-10-27 of the Code of West Virginia, 1931, as amended; to amend and reenact §7-14D-20 and §7-14D-21 of said code; to amend and reenact §8-22A-22 and §8-22A-23 of said code; to amend and reenact §15-2-33 of said code; to amend and reenact §15-2A-12 of said code; and to amend and reenact §16-5V-25 and §16-5V-26 of said code, all relating to retirement burial and scholarship benefits awarded on behalf of deceased uniformed service officers as they relate to the distribution of marital property under a qualified domestic relations order.

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

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

    Senate Bill No. 452--A Bill to amend and reenact §5-13-2 and §5-13-4 of the Code of West Virginia, 1931, as amended, all relating to the Teachers Retirement System annuity calculation for reciprocal service credit; defining “teachers final average salary”; and providing procedure for annuity calculation for reciprocal service.

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

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

    Senate Bill No. 453--A Bill to amend and reenact §18-7A-14, §18-7A-17, §18-7A-18 and §18-7A-18a of the Code of West Virginia, 1931, as amended, all relating to employer remittance and reporting of Teachers Retirement System member contributions to the retirement board; providing procedure for contributions by members and employers; requiring payment of compounded interest by members of the Public Employees Retirement System when granting service credit in the Teachers Retirement System; closing the Teachers Employers Contribution Collection Account on or before June 30, 2014; transferring any balance of employer contributions to the Teachers Retirement System Fund; depositing employer contributions through state appropriations to the Teachers Retirement System Fund beginning July 1, 2014; and directing additional funds from the Teachers Employers Contribution Collection Account to the Teachers Retirement System Fund.

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

    By Senators Miller, Cookman, D. Hall, Laird, Tucker, Williams and Snyder:

    Senate Bill No. 454--A Bill to amend and reenact §22-14-3 of the Code of West Virginia, 1931, as amended, relating to dams; and defining the owner of a dam for purposes of the Dam Control Act.

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

    By Senators Unger, Plymale, Stollings, Kessler (Mr. President), Yost, Edgell, Laird, Kirkendoll, Cann, Miller, Beach and Fitzsimmons:

    Senate Bill No. 455--A Bill to amend and reenact §18-2-7a of the Code of West Virginia, 1931, as amended, relating to creation of the West Virginia Move to Improve Act; establishing legislative findings; providing for integration of thirty minutes of moderate to vigorous physical activity in school day; setting minimum amount of moderate to vigorous physical exercise in physical education classes; defining terms; removing expired requirements; requiring accountability for the physical education and physical activity required herein; and providing for collaboration with teachers and administrators in establishing rules or policy to effectuate the professional development opportunities and training required by this act.

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

    Senators Cookman, Plymale and Blair offered the following resolution:

    Senate Concurrent Resolution No. 22--Requesting the Division of Highways to name the I-81 Exit 23 overpass in DOH District 5 the “Deputy John L. Burkett III Memorial Overpass”.

    Whereas, John L. Burkett III of Falling Waters, Berkeley County, West Virginia, was born in 1973, the son of John and Jackie Burkett; and

    Whereas, John L. Burkett III was a one-year veteran of the Berkeley County Sheriff’s Department on January 31, 2001, when he was assigned to extradite a felon from Pennsylvania back to Berkeley County for adjudication on West Virginia charges; and

    Whereas, While carrying out his assignment, Deputy John L. Burkett III was struck head on by an impaired driver going northbound in the southbound lane; and

    Whereas, Deputy John L. Burkett III was immediately killed as a result of this collision, leaving behind his parents and host of family and friends, all of whom miss him sorely; and

    Whereas, Deputy Burkett was survived by his mother and father, who he resided with at the time of his death; and

    Whereas, It is fitting and proper to honor Deputy John L. Burkett III and his family for his service to his community and state by naming this overpass in his memory as an everlasting tribute to his sacrifice; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name the I-81 Exit 23 overpass in DOH District 5, the “Deputy John L. Burkett III Memorial Overpass”; and, be it

    Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “Deputy John L. Burkett III Memorial Overpass”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways.

    Which, under the rules, lies over one day.

    The Senate proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 21, Requesting DOH name bridge in Raleigh County "Army PFC Shelby Dean Stover Memorial Bridge".

    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. 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 was granted to offer amendments to the bill on third reading.

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

    On page two, section twenty-one, line fourteen, by striking out the word “ninety” and inserting in lieu thereof the words “one hundred eighty”;

    And,

    On page three, section twenty-one, line nineteen, by striking out the word “ninety-day” and inserting in lieu thereof the words “one hundred eighty-days”.

    The bill, as just amended, 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. 316) 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. 316) 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. 394, Redesignating Health Sciences Scholarship Program as Health Sciences Service Program.

    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. 394) passed with its title.

    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.

    The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading.

    Com. Sub. for Senate Bill No. 267, Ensuring state courts' jurisdiction of fraudulent or unauthorized purchasing card use.

    Com. Sub. for Com. Sub. for Senate Bill No. 381, Requiring CPR and Heimlich maneuver instruction in public schools.

    Com. Sub. for Senate Bill No. 405, Requiring presiding judge's permission to release juror qualification forms after trial's conclusion.

    And,

    Senate Bill No. 435, Correcting code reference relating to handgun safety training for certain court personnel.

    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 Senator Miller.

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

    On motion of Senator Unger, the Senate adjourned until tomorrow, Friday, January 31, 2014, at 10 a.m.

____________

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ***