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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2013

TWENTY-SEVENTH DAY

____________

Charleston, W. Va., Monday, March 11, 2013

    The Senate met at 11 a.m.

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

    Prayer was offered by the Reverend Christopher Turner, St. Agnes Catholic Church, Charleston, West Virginia.

    Pending the reading of the Journal of Friday, March 8, 2013,

    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 Senate then 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 adoption of

    Senate Concurrent Resolution No. 3, Requesting DOH name bridge in Boone County "Army Sergeant Junior Elwood Dunlap Memorial Bridge".

    A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of

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

    A message from The Clerk of the House of Delegates announced the amendment by that body, adoption as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to

    Com. Sub. for Senate Concurrent Resolution No. 5, Requesting DOH name bridge in Wetzel County "Army Sgt. Norman R. Cunningham Memorial Bridge".

    On motion of Senator Unger, the message on the resolution was taken up for immediate consideration.

    The following House of Delegates amendment to the resolution was reported by the Clerk:

    On page two, in the thirteenth Whereas clause, by striking out “2013” and inserting in lieu thereof “2012”.

    On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the resolution.

    The question being on the adoption of the resolution (Com. Sub. for S. C. R. No. 5), as amended by the House of Delegates, the same was put and prevailed.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

    A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of

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

    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. 2351--A Bill to amend and reenact §17C-19-3 of the Code of West Virginia, 1931, as amended, relating to requiring an arresting law enforcement officer to promptly present before a magistrate or court an individual charged with driving with a suspended or revoked license, and providing the option to issue a citation if a magistrate or court is not on duty or reasonably available.

    Referred to the Committee on Judiciary.

    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. 2450--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-2-12, relating to county assessors; granting licensed real estate appraiser limited access to assessor review documents to determine comparable market value; and authorizing a fee.

    Referred 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 and requested the concurrence of the Senate in the passage of

    Eng. Com. Sub. for House Bill No. 2579--A Bill to amend and reenact §22-11-6 of the Code of West Virginia, 1931, as amended, relating to protecting state waters; providing legislative findings; revising implementation plan to establish state specific selenium criteria; and directing study to develop state-specific selenium criteria.

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

    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. 2764--A Bill to amend and reenact §18-8-4 of the Code of West Virginia, 1931, as amended, relating to compulsory school attendance; and extending the authority and duties of attendance directors to assistant attendance directors.

    Referred to the Committee on Education.

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

    Com. Sub. for House Concurrent Resolution No. 5--Requesting the Division of Highways to rename the Middleburg Bridge over the Guyandotte River, near the Middleburg settlement, Logan County, bridge number 23-10/73-0.01, the “USMC First Class Lieutenant Edward I. Eiland Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

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

    Com. Sub. for House Concurrent Resolution No. 9--Requesting that bridge number 42-46-1.54 on County Route 46 between Czar and Helvetia, Randolph County, West Virginia, be named the “Army Specialist 4th Class Garry Lee Burgess Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

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

    Com. Sub. for House Concurrent Resolution No. 15--Requesting the Division of Highways to name the bridge on Route 119, in Chapmanville, Logan County, at Garrett Fork, bridge number 23-7-0.33, as the “Navy Chief Boatswain’s Mate Curtis Emmet Lowe Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

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

    House Concurrent Resolution No. 24--Requesting the Division of Highways to name the bridge on County Route 23, in Pax, Fayette County, towards the Lively area, bridge number 10-23-6.25, as the “Rex Lane Mullins Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

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

    House Concurrent Resolution No. 26--Requesting the Division of Highways to name the section of Route 3 and Route 214 where they come together to create a triangular area in Yawkey in Lincoln County, the "Army Corporal Richard D. McGhee Memorial Triangle”.

    Referred to the Committee on Transportation and Infrastructure.

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

    House Concurrent Resolution No. 31--Requesting the Division of Highways to name a portion of Pine Swamp Road between the intersection of U.S. 220 and the intersection of Stoney Run Road in Mineral County the "WWII 78th Lightning Division Road”.

    Referred to the Committee on Transportation and Infrastructure.

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

    House Concurrent Resolution No. 33--Requesting the Division of Highways to name the access road to the Armed Forces Readiness Center located in Fairmont, Marion County, West Virginia, currently known as a spur of Lafayette Street, "201st Artillery Drive”.

    Referred to the Committee on Transportation and Infrastructure.

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

    House Concurrent Resolution No. 39--Requesting the Division of Highways to name the bridge located at Barrackville, West Virginia, locally called the "Maple Point Bridge", which travels over Buffalo Creek, specifically bridge number 25A183 the "PFC Harry Sine, Jr. Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

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

    Com. Sub. for House Concurrent Resolution No. 54--Requesting the Division of Highways to name the bridge located at Chapmanville, Logan County, West Virginia, specifically bridge number 23-3.015 the "Army Sergeant First Class Thomas Clyde Farley Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    The Senate proceeded to the fourth order of business.

    Senator Jenkins, from the Committee on Pensions, submitted the following report, which was received:

    Your Committee on Pensions has had under consideration

    Senate Bill No. 406, Relating to Deputy Sheriff Retirement System Act.

    Senate Bill No. 418, Relating to Emergency Medical Services Retirement System Act.

    Senate Bill No. 419, Relating to Teachers Retirement System.

    Senate Bill No. 430, Defining "employment term" in Teachers' Defined Contribution Retirement System.

    Senate Bill No. 431, Relating to public employer liability for delinquent retirement contributions.

    And,

    Senate Bill No. 469, Clarifying service credit for certain PERS members.

    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 Finance.

                             Respectfully submitted,

                               Evan H. Jenkins,

                                 Chair.

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

    Senator Jenkins, from the Committee on Pensions, submitted the following report, which was received:

    Your Committee on Pensions has had under consideration

    Senate Bill No. 432, Relating generally to State Treasurer's Office.

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

    Com. Sub. for Senate Bill No. 432, (originating in the Committee on Pensions)--A Bill to repeal §12-1-12c of the Code of West Virginia, 1931, as amended; to repeal §12-6B-1, §12-6B-2, §12-6B-3 and §12-6B-4 of said code; to repeal §48-2-604 of said code; to amend and reenact §5-10B-3 and §5-10B-13 of said code; to amend said code by adding thereto a new section, designated §5-10B-14; to amend and reenact §12-1-3, §12-1-8, §12-1-11 and §12-1-12b of said code; to amend and reenact §12-2-2 and §12-2-3 of said code; to amend and reenact §12-3-1 of said code; to amend and reenact §12-3A-3 of said code; to amend and reenact §12-5-4 of said code; to amend and reenact §12-6A-1, §12-6A-2, §12-6A-3, §12-6A-4, §12-6A-5, §12-6A-6 and §12-6A-7 of said code; to amend and reenact §12-6C-7 and §12-6C-9 of said code; to amend and reenact §33-3-14d of said code; and to amend and reenact §36-8-13 of said code, all relating to the State Treasurer's Office; authorizing certain organizations exempt from taxation within West Virginia to participate in the deferred compensation plan in accordance with the Internal Revenue Code; authorizing qualified domestic relations orders and Roth accounts within the deferred compensation plan in accordance with the Internal Revenue Code; authorizing financial institutions to offer products in addition to certificates of deposit; updating references to investing authorities to include the Board of Treasury Investments; raising the amount of eligible deposits from $100,000 to the amount insured by a federal agency; deleting archaic language pertaining to eligible depositories; amending language pertaining to what constitutes a conflict of interest for applicants and employees of the Treasurer's Office in connection with financial institutions by prohibiting those persons with a defined conflict from participating in the selection of or in contract negotiations with a depository; authorizing depositories to submit reports in an electronic format; clarifying that payments under the CMIA are interest payments; changing the CMIA report from a quarterly report to an annual report since the calculation is only prepared annually; changing the requirement that deposits are required within twenty-four hours to one business day; establishing standards for receipting of moneys, including reviewing of internal controls by auditors and the Treasurer and ensuring copies of audits are submitted to the Legislative Auditor; ensuring confidential information in internal control procedures is redacted before release; clarifying the definitions of federal, special and general revenue funds; eliminating reference to the chief inspector of public offices; changing the report to the Legislative Auditor for accounts outside the Treasury from quarterly to an annual report; clarifying that investments are managed by the Board of Treasury Investments in addition to the Investment Management Board; conforming language pertaining to determining the amount of federal funds in stale state checks to the capabilities of the Enterprise Resource Planning System; clarifying that the Treasurer determines the competitive bidding of banking, investment and related goods and services required for treasury operations; authorizing the Treasurer to develop procedures for storing, retaining and disposing of records for his or her office; ensuring the Director of the Division of Archives and History receives records with historical value; clarifying that the Treasurer is responsible for earnings received on securities, not just interest; consolidating the Debt Capacity Division into the Debt Management Division; amending legislative findings to acknowledge the importance of monitoring the debt of the state and its spending units; continuing Division of Debt Management as the central information source for debt issued by the state and its spending units; expanding the definition of “debt” to include debentures, lease purchases, mortgages, securitizations and other types of obligations with specific amounts owed and payable on demand or on determinable dates; defining “debt impact report”, “moral obligation bond”, “net tax supported debt” and “tax supported debt”; amending definition of “spending unit”; eliminating requirement for developing a long-term debt plan; clarifying the division is responsible for continuously evaluating debt and debt service requirements and reviewing all proposed debt offerings of the state and its spending units; clarifying the division is to issue a debt impact report if requested by the Governor, Senate President or Speaker of the House of Delegates and that the report shall not restrict the Governor, Legislature or spending unit; requiring the division to monitor continuing disclosure requirements and post-issuance compliance issues; eliminating requirement that the Debt Management Division provide staff for the Debt Capacity Division; clarifying the reporting requirements of the division and the spending units; requiring the division to prepare and issue the debt capacity report; clarifying the Treasurer promulgates the rules; reducing the blanket bond amount required for the Board of Treasury Investments from $50 million to at least $10 million, as set by the board; updating language pertaining to rating agencies to nationally recognized statistical rating organizations; permitting investment in corporate debt in investment-grade securities and in money-market and other fixed-income funds; authorizing the board to make loans specified by the Legislature and to offer an equipment and software financing program for state government entities; removing requirement that direct or guaranteed obligations of the United States constitute at least fifteen percent of the consolidated fund; providing that securities falling out of compliance with the code do not have to be sold if the investment manager and investment consultant recommend retention; satisfying amounts due to and from policemen's and firemen's pension and relief funds and the Teachers Retirement System; authorizing expenses related to operations and programs of the Office of the Treasurer from the Unclaimed Property Fund; authorizing transfer of moneys from the Unclaimed Property Trust Fund for payment to policemen's and firemen's pension and relief funds; and making various technical clean-up revisions.

    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,

                               Evan H. Jenkins,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 432), 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 Plymale and Stollings:

    Senate Bill No. 493--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17A-13-1, §17A-13-2, §17A-13-3, §17A-13-4 and §17A-13-5, all relating generally to standards for conversion and retrofits of alternative-fuel motor vehicles; defining key terms for such standards; setting forth conversion and retrofit standards for the conversion of diesel and gasoline vehicles to alternative fuels; and setting forth training requirements for facilities converting and retrofitting vehicles to be capable of running on compressed natural gas.

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

    By Senators Laird, Cookman, Miller, Snyder, Stollings, Wells, Yost, Plymale and Fitzsimmons:

    Senate Bill No. 494--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §25-8-1, relating to authorizing the Division of Corrections to implement a responsible parent program pilot project; setting forth requirements to participate in the program; setting forth program goals; and requiring a report.

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

    By Senators Williams and Sypolt:

    Senate Bill No. 495--A Bill to amend and reenact §5B-2G-6 of the Code of West Virginia, 1931, as amended, relating to providing public notice, comment and a hearing prior to real property acquisitions by the West Virginia Outdoor Heritage Conservation Fund Board.

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

    By Senators Facemire, Laird, Blair and Plymale:

    Senate Bill No. 496--A Bill finding and declaring certain claims against the state and its agencies to be moral obligations of the state; and directing the Auditor to issue warrants for the payment thereof.

    Referred to the Committee on Finance.

    Senators Chafin, Yost, Green and Stollings offered the following resolution:

    Senate Concurrent Resolution No. 18--Requesting the Division of Highways to name a stretch of highway in Wyoming County, West Virginia, on State Route 20, just across the Wyoming County line approximately one mile to just past Ikes Fork Freewill Baptist Church, the “David and Janet Lee Memorial Highway”.

    Whereas, David E. Lee, Sr., was born in Ikes Fork, West Virginia, May 16, 1927, the youngest son of John and Millie Lee. He served in the United States Air Force and was a proud veteran of World War II and the Korean War. He married his beloved wife Janet December 9, 1949, and they shared fifty-three wonderful years together until her death in 2004. After his military service, David utilized the GI Bill and graduated from Marshall College in 1959. After working for the IRS in Chicago, Illinois, David and Janet moved back to West Virginia in 1963 where they remained until their deaths. David began a thirty-year teaching career in 1963 at Coal Mountain School, Huff Consolidated and Baileysville High School where he touched the lives of the many students he taught and coached. He served two terms on the Wyoming County Board of Education after his retirement, continuing to be an advocate for the students and public education. Affectionately known as “Poppy”, David cherished his four sons, David Jr., Dale, Dean and Dante, and his grandchildren, JL, Tiffany, Chelsea, Aaron, Danielle, Jessica, Brittany, Drew and Kendra and his great grandchildren, John David, Katie, Isabella and Colton. David was active in his church and community and was always willing to help his neighbors. Janet Rife Lee was born September 13, 1933, the daughter of John and Cara Rife. She owned a restaurant and flower shop until she became a cook in the Wyoming County school system and at the Wyoming County Jail. Known for her great cooking, she served the students with a smile and a special touch of believing in them. She devoted her life to David and her boys as well as her grandchildren. She was active in her church and community and was a compassionate shoulder for those in need. They say “behind every great man is an even greater woman pushing him”. That was never more true than for David and Janet. She was truly the strong force that kept the family together. David passed away on April 16, 2012; and

    Whereas, It is fitting to honor David and Janet Lee by naming a stretch of highway in Wyoming County, West Virginia, on State Route 20, just across the Wyoming County line approximately one mile to just past Ikes Fork Freewill Baptist Church, for David and Janet Lee; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Division of Highways to name a stretch of highway in Wyoming County, West Virginia, on State Route 20, just across the Wyoming County line approximately one mile to just past Ikes Fork Freewill Baptist Church, the “David and Janet Lee Memorial Highway”; and, be it

    Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the stretch of highway as the “David and Janet Lee Memorial Highway”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the surviving widow, children and relatives of David and Janet Lee.

    Which, under the rules, lies over one day.

    Senators Kessler (Mr. President), Unger, Yost, Miller, Laird, Plymale, McCabe, Wells, Fitzsimmons, Jenkins, Green, Williams and Stollings offered the following resolution:

    Senate Resolution No. 28--Designating March 11, 2013, as “Innovation and Entrepreneurship Day at the Capitol”.

    Whereas, Research and innovation continue to be bed rocks of this nation’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, Seventy percent of U. S. growth in the last fifty years has been due to technology and innovation, and new-economy jobs now make up more than one third of total jobs; 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, More than eighty 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; therefore, be it

    Resolved by the Senate:

    That the Senate hereby designates March 11, 2013, as “Innovation and Entrepreneurship Day at the Capitol”; and, be it

    Further Resolved, That the Senate recognizes the value and importance of the state’s innovation industry and 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 Senate expresses its strong support for continued research and development advancements and applauds the collaborative efforts that are demonstrated by the organizations, agencies and companies that are supporting “Innovation and Entrepreneurship Day at the Capitol”; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of “Innovation and Entrepreneurship Day at the Capitol”.

    At the request of Senator Unger, 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 resumed business under the sixth order.

    Senators Unger, Snyder, Kessler (Mr. President), Miller, Laird, Plymale, McCabe, Green, Williams and Stollings offered the following resolution:

    Senate Resolution No. 29--Recognizing Leadership Jefferson for its service, dedication and commitment to Jefferson County.

    Whereas, The objective of Leadership Jefferson is to promote knowledge and awareness of the problems, opportunities and issues facing Jefferson County; and

    Whereas, Leadership Jefferson is designed to provide a series of educational and participatory experiences, as well as an opportunity for dialogue and the development of a correlation among participants in order to encourage local participation in the growth of Jefferson County; and

    Whereas, The membership of Leadership Jefferson includes individuals from nearly every facet of Jefferson County’s business, professional, religious, governmental, educational, civic, the arts, organized labor and minority organizations who demonstrate a commitment to the community; and

    Whereas, The 2013 membership of Leadership Jefferson consists of Michael Anderson, City of Ranson; Kerry Asam, Bavarian Inn; Linda Blanc, WVUH-East Jefferson Memorial Hospital; Cathy Boyer, Customs Border Protection; Reese Clabaugh, Reese’s Landscape Nursery; Autumn Cook, Harpers Ferry NHP; Arlene Fernandez-Anderson, WVUH-East Jefferson Memorial Hospital; Todd Fraser, Customs Border Protection; John Gonano, River & Trail Outfitters; John Guiney, Harpers Ferry NHP; Jeanie Hamilton, MidAtlantic Farm Credit; Ryan Jones, Harpers Ferry NHP; Andrew Lee, Harpers Ferry NHP; Rob Losey, Bloomery Plantation Distillery; Amanda Mullins, River Riders; Neal Nilsen, Ask Neal; Shepherd Ogden, JC Development Authority; Sterling Porter, Kingdom Life Cathedral Ministries; John Reisenweber, JC Development Authority; Patrick Rinard, Hampton Inn; Jeni Sales, City of Charles Town; Matt See, American Public University; Jack Shaw, Shepherd University; William Strider, City of Ranson; Amanda Thomas, Teacher of the Year; and Kareem Washington, Hollywood Casino; therefore, be it

    Resolved by the Senate:

    That the Senate hereby recognizes Leadership Jefferson for its service, dedication and commitment to Jefferson County; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials of Leadership Jefferson.

    At the request of Senator Unger, 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 resumed business under the sixth order.

    Senators Chafin, Unger, Yost, McCabe, Wells and Williams offered the following resolution:

    Senate Resolution No. 30--Congratulating the Saint Agnes School Lady Vikings Basketball Team for winning the 2013 Kanawha Valley Church League Elementary Girls’ Division Championship.

    Whereas, The Lady Vikings completed an amazing 2013 basketball season, finishing with a perfect record of 19-0 and winning the Kanawha Valley Church League Elementary Girls’ Division Championship; and

    Whereas, The Lady Vikings are led by coaches Phil Monroe and Tony O’Leary; and

    Whereas, The Lady Vikings team consisted of players Skylar Bishop, Claire Bunn, Carly Chafin, Chloe Greathouse, Julia Preservati, Kelly Hayes, Madeline Hunt, Acacia Johnson, Elizabeth Kay, Alexandra Macia, Megan Thornburg and Sophia Veazy; and

    Whereas, The Lady Vikings displayed their strong will, fierce determination, camaraderie and faith for an entire season and will be remembered as one of the best teams ever assembled in Kanawha Valley Church League basketball history; and

    Whereas, The Lady Vikings were most ably supported by their classmates, faculty and families throughout the season, without whose generous support their perfect season could not have been achieved; therefore, be it

    Resolved by the Senate:

    That the Senate hereby congratulates the Saint Agnes School Lady Vikings Basketball Team for winning the 2013 Kanawha Valley Church League Elementary Girls’ Division Championship; and, be it

    Further Resolved, That the Senate acknowledges the dedication and commitment of each individual coach and player, which resulted in the Lady Vikings’ undefeated championship season; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Saint Agnes School Lady Vikings Basketball Team.

    At the request of Senator Chafin, 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, at the request of Senator Barnes, and by unanimous consent, returned to the second order of business and the introduction of guests.

    The Senate then proceeded to the eighth order of business.

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

    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. 125) passed with its title.

    Senator Unger moved that the bill take effect from passage.

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

    The nays were: None.

    Absent: None.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 125) takes effect from passage.

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

    The Senate proceeded to the ninth order of business.

    Com. Sub. for Senate Bill No. 386, Relating to personal safety orders.

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

    Senate Bill No. 387, Relating to family court judge supervision of criminal background investigations.

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

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

    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 tenth order of business.

    Com. Sub. for Senate Bill No. 200, Relating to Eyewitness Identification Act.

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

    Com. Sub. for Senate Bill No. 372, Creating criminal offense for interfering with emergency service call.

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

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Tuesday, March 12, 2013, at 11 a.m.

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