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Senate Journal



Day 014 (Part 8-)
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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2014

TWENTY-SEVENTH DAY

____________

Charleston, W. Va., Monday, February 3, 2014

    The Senate met at 1 p.m.

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

    Prayer was offered by the Reverend Father Leon Alexander, Blessed John XXIII Pastoral Center, Charleston, West Virginia.

    Pending the reading of the Journal of Friday, January 31, 2014,

    On motion of Senator M. Hall, the Journal was approved and the further reading thereof dispensed with.

    The Senate proceeded to the second order of business and the introduction of guests.

    The Clerk presented a communication from the State Lottery Commission, submitting its annual report, in accordance with chapter twenty-nine, article twenty-two, section twenty of the code of West Virginia.

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

    The Clerk presented a communication from the Board of Respiratory Care, submitting its annual report as required by chapter thirty, article one, section twelve of the code of West Virginia.

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

    The Senate proceeded to the fourth order of business.

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

    Your Committee on the Judiciary has had under consideration

    Com. Sub. for Senate Bill No. 353 (originating in the Committee on Natural Resources), Relating to timber theft in state forests.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 353 (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 §19-1A-3b, relating to creating the offense of timber theft from state forests; providing the Division of Forestry authority to investigate and enforce timber theft violations in state forests; directing the Division of Forestry to create and maintain a central registry of information relating to timber theft from state forests; clarifying that treble damages are applicable to state forest timber thefts; and setting forth criminal and civil penalties.

    With the recommendation that the committee substitute for committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

    Your Committee on Pensions has had under consideration

    Senate Bill No. 443, Relating to SPRS.

    Senate Bill No. 444, Relating to PERS.

    Senate Bill No. 452, Relating to TRS annuity calculation of member with reciprocal service credit.

    And,

    Senate Bill No. 453, Relating to TRS.

    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,

                               Art Kirkendoll,

                                 Chair.

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

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

    Your Committee on Pensions has had under consideration

    Senate Bill No. 451, Relating to distribution of certain retirement benefits of deceased uniformed service officers under qualified domestic relations order.

    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,

                               Art Kirkendoll,

                                 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 Pensions pending.

    The Senate proceeded to the sixth order of business.

    On motions for leave, severally made, the following bills and joint resolution were introduced, read by their titles, and referred to the appropriate committees:

    By Senators D. Hall and Green:

    Senate Bill No. 464--A Bill to amend and reenact §6-2-21 of the Code of West Virginia, 1931, as amended, relating to prohibiting officers from taking bonds for persons in custody or from acting as a bail bondsman.

    Referred to the Committee on the Judiciary.

    By Senators Laird, Plymale, McCabe, Yost, Wells, Carmichael, Fitzsimmons and Edgell:

    Senate Bill No. 465--A Bill to amend and reenact §10-1-2 of the Code of West Virginia, 1931, as amended, relating to permitting counties to impose an additional levy on property within the county for the sole purpose of funding public libraries.

    Referred to the Committee on the Judiciary.

    By Senators D. Hall, Tucker, Barnes, Green, Cann, Carmichael, Nohe, Stollings, Williams, Beach and Kessler (Mr. President):

    Senate Bill No. 466--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §46A-6M-1, §46A-6M-2, §46A-6M-3, §46A-6M-4, §46A-6M-5 and §46A-6M-6, all relating generally to providing consumers with the right to cancel residential roofing contracts where the contract is expected to be paid from a property and casualty insurance policy; providing definitions; establishing a consumer's right to cancel; creating standard disclosure and notice requirements; providing rules for the proscribed cancellation period; prohibiting certain acts; and misdemeanor criminal offense and penalty.

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

    By Senators Barnes and Sypolt:

    Senate Bill No. 467--A Bill to amend and reenact §61-11-26 of the Code of West Virginia, 1931, as amended, relating to preventing certain current or former spouses, current or former sexual or intimate partners, parents, guardians and household members from seeking to have their criminal records expunged.

    Referred to the Committee on the Judiciary.

    By Senators Miller, Yost, Prezioso, Wells, Carmichael, Snyder, Fitzsimmons, Nohe, Jenkins, D. Hall and Edgell:

    Senate Bill No. 468--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-1G-10, relating to providing for the awarding of a West Virginia Veterans Medal and ribbon and a West Virginia Service Cross and ribbon to certain qualifying West Virginia veterans; and rules.

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

    By Senators Miller, Yost, Wells, Carmichael, Snyder, Nohe, Williams, Jenkins, D. Hall, Edgell, Stollings, Laird and Sypolt:

    Senate Bill No. 469--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1-11, relating to granting the Department of Agriculture the authority to create and maintain a program to encourage, support and develop West Virginia veterans into the field of agriculture; creating the Veterans and Warriors to Agriculture Fund; making findings and establishing intent; exempting the Department of Agriculture from certain competitive bidding requirements; requiring state departments to work together; setting forth funding requirements; and setting forth disbursements.

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

    By Senators Cookman, Miller, Snyder, Fitzsimmons, Williams, D. Hall and Stollings:

    Senate Bill No. 470--A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §52-2-16, relating to grand jury juror questionnaire forms; protecting the information contained in the forms; and requiring written permission of the circuit court to release the questionnaires.

    Referred to the Committee on the Judiciary.

    By Senators Miller, Kessler (Mr. President), Beach, Cann, Edgell, Kirkendoll, Snyder, Unger, Walters, Williams, Yost, Wells, Cookman and Stollings:

    Senate Bill No. 471--A Bill to amend and reenact §24-2F-3, §24-2F-4, §24-2F-5, §24-2F-6 and §24-2F-10 of the Code of West Virginia, 1931, as amended, all relating to alternative and renewable energy portfolio standards; defining terms; establishing standards for the sale of electricity generated from solar renewable energy resources; providing for compliance assessments; creating a system of tradable solar renewable energy resource credits; providing for the awarding of solar renewable energy resource credits based upon electricity generated or purchased from solar renewable energy resource facilities; and establishing a distributed solar renewable energy requirement.

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

    By Senators Kessler (Mr. President), Wells, McCabe, Snyder, Fitzsimmons and Cookman:

    Senate Bill No. 472--A Bill to amend and reenact §5-11-2, §5-11-3, §5-11-4, §5-11-8, §5-11-9 and §5-11-13 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5-11A-3, §5-11A-5, §5-11A-6 and §5-11A-7 of said code, all relating to unlawful discriminatory practices; prohibiting discrimination based upon age or sexual orientation; and defining “sexual orientation”.

    Referred to the Committee on the Judiciary.

    By Senators Sypolt, Blair, Cookman, Williams, Plymale, McCabe, Nohe and Stollings:

    Senate Bill No. 473--A Bill to amend and reenact §17-2A-19 of the Code of West Virginia, 1931, as amended, relating to the sale of real property by the Division of Highways; and providing that property not necessary or desirable for highway purposes must be offered first to public service districts or municipalities for a public utility use without having to follow the public auction provisions of this section.

    Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Government Organization.

    By Senators Cann, Beach, D. Hall, Kirkendoll, Plymale and Edgell:

    Senate Bill No. 474--A Bill to amend and reenact §22-15-8 of the Code of West Virginia, 1931, as amended, relating to allowing the disposal of drill cuttings and associated drilling waste generated from well sites in commercial solid waste facilities; if the drilling waste is placed in a separate cell dedicated solely for those wastes permitting the disposal even if it results in the facility going over its maximum monthly permitted limits; and providing that the facility may not refuse municipal waste until its monthly limit is reached.

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

    By Senators M. Hall and Carmichael:

    Senate Bill No. 475--A Bill to amend and reenact §51-2-1 of the Code of West Virginia, 1931, as amended, relating to authorizing an additional circuit court judge for the fifth judicial circuit consisting of Mason, Jackson, Roane and Calhoun counties.

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

    By Senators Plymale and Chafin:

    Senate Bill No. 476--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 Tucker, Beach, Cann, Edgell, Fitzsimmons, Green, D. Hall, Miller, Palumbo, Plymale, Snyder, Williams, Kessler (Mr. President), Yost, Wells, Nohe, Cookman and Stollings:

    Senate Bill No. 477--A Bill to amend and reenact §18A-4-14 of the Code of West Virginia, 1931, as amended, relating to daily planning periods for certain school employees; providing that teachers determine the use of time of a planning period; and providing for a definition of “meeting” for purposes of this section.

    Referred to the Committee on Education.

    By Senators D. Hall, Williams and Sypolt:

    Senate Bill No. 478--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1-4e, relating to permitting the sale of raw milk; and authorizing rulemaking.

    Referred to the Committee on Agriculture and Rural Development; and then to the Committee on Health and Human Resources.

    By Senators Barnes, Blair, Cann, Carmichael, Cole, Facemire, Green, D. Hall, M. Hall, Kirkendoll, Laird, Plymale, Sypolt, Tucker, Walters, Wells, Williams, Yost, Prezioso, Nohe, Miller, Jenkins, Edgell and Stollings:

    Senate Joint Resolution No. 9--Proposing an amendment to the Constitution of the State of West Virginia, amending article III thereof, by adding thereto a new section, designated section 23, relating to the right to hunt and fish; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

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

    Senators Stollings, Kirkendoll, Cole, Chafin, Jenkins and Wells offered the following resolution:

    Senate Concurrent Resolution No. 23--Requesting the Division of Highways to name bridge number 3-17-8.80, locally known as the Low Gap Bridge, crossing the Spruce Fork of the Little Coal River on Route 17 in Low Gap, Boone County, the “U. S. Marine PFC Marshall Lee King Memorial Bridge”.

    Whereas, PFC King was born on July 5, 1924, in Coalwood, McDowell County, and grew up in Low Gap, Boone County; and

    Whereas, PFC King was killed in action on May 19, 1945, on the Ryukyu Islands of Okinawa; and

    Whereas, During his time serving our nation, PFC King was awarded the Purple Heart, the Asiatic-Pacific Campaign Medal and World War II Victory Medal; and

    Whereas, It is fitting and proper that PFC King be remembered and acknowledged for his courageous action and dedicated service to his country; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name bridge number 3-17-8.80, locally known as the Low Gap Bridge, crossing the Spruce Fork of the Little Coal River on Route 17 in Low Gap, Boone County, the “U. S. Marine PFC Marshall Lee King Memorial Bridge”; and, be it

    Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge proclaiming it the “U. S. Marine PFC Marshall Lee King 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 Commissioner of the Division of Highways and to the surviving family of PFC Marshall Lee King.

    Which, under the rules, lies over one day.

    Senators Walters, Barnes, Blair, Boley, Carmichael, Cole, M. Hall, Jenkins, Nohe and Sypolt offered the following resolution:

    Senate Resolution No. 12--Amending Senate Rule No. 28, relating to committee proceedings and setting of committee agendas.

    Resolved by the Senate:

    That Senate Rule No. 28 be amended to read as follows:

Committees

    28. All standing committees shall be appointed by the President. The President shall designate the chairperson of each standing committee and may also designate a vice chairperson of any standing committee when the President may deem it advisable.

    The chairperson of each standing committee of the Senate shall cause a record to be kept of every meeting of such committee, wherein shall be entered:

    (a) The time and place of each committee meeting and every hearing had before the committee.

    (b) The attendance of members of the committee at each meeting thereof.

    (c) The name of any person appearing before the committee and the interest represented by him or her.

    (d) The vote of each member of the committee when a yea and nay vote is taken.

    (e) The chairperson of each standing committee of the Senate shall cause to be published a committee agenda, which shall include and specifically state which bills, resolutions, concurrent resolutions or joint resolutions which will be brought before the respective committee during its meeting. The committee agenda shall be published no later than twenty-four hours prior to the commencement of the committee meeting at which a given bill, resolution, concurrent resolution or joint resolution will be considered. The chairperson may remove any item from consideration by the committee following publication of the committee agenda, but no bill, resolution, concurrent resolution or joint resolution shall be considered by a standing committee of the Senate which has not appeared on a published committee agenda, by reference to its number, at least twenty-four hours prior to the commencement of the meeting at which said bill, resolution, concurrent resolution or joint resolution shall have appeared by its number. Any agenda published under this rule shall be publicly posted and visible near the entrance to the clerk's office, and copies shall be made available to any person requesting such. The foregoing committee agenda requirements do not apply to the final seventy-two hours of the regular session.

    Any member of such standing committee may cause a notation to be made upon the record aforesaid of the reason for his or her absence at any former meeting of the committee; and, in the absence of any such explanatory note, the presumption shall be that his or her absence was without reasonable cause.

    The chairperson of each standing committee shall, upon request, make the record of any yea and nay vote taken, in open or executive session, available for public inspection no later than the next legislative day after the close of the standing committee meeting at which such yea and nay vote was taken.

    The several standing committees shall have leave to report by bill, resolution or otherwise, any proposed legislation originating therein, as well as to report back a committee substitute for a Senate bill or resolution, or otherwise. A committee substitute, with the consent of the original sponsor, shall carry the name of the original sponsor. Reports of committees shall be advisory only. All committees shall submit their reports to the Senate in writing and the same shall be printed in the Journal.

    On the adjournment of each session of the Legislature, the chairperson of the respective committees shall deliver to the Clerk of the Senate the record book herein provided for, and it shall be the duty of such Clerk to preserve the same among the archives of his or her office.

    Which, under the rules, was referred to the Committee on Rules.

    Senators Barnes, Tucker, Plymale, Yost, Wells, D. Hall, Stollings, Williams, Miller and Sypolt offered the following resolution:

    Senate Resolution No. 13--Designating Monday, February 3, 2014, as Randolph County Day at the Legislature.

    Whereas, Randolph County was founded in 1787 and named in honor of Edmund Jennings Randolph; and

    Whereas, Randolph County makes vital contributions to the economy of West Virginia, particularly in the valuable hardwoods industry; and

    Whereas, Randolph County’s role in the West Virginia economy has grown and will continue to expand with the completion of Corridor H; and

    Whereas, Randolph County has a significant place in the history and formation of West Virginia, due to the importance of a major Civil War battle fought in the vicinity of Rich Mountain; and

    Whereas, Herman Guy Kump, a resident of Elkins in Randolph County, was elected the nineteenth Governor of the Great State of West Virginia and fought to support public education and the rights of property owners; and

    Whereas, Randolph County serves as a central hub in the Potomac Highlands for health care, education, commerce, the arts and tourism; and

    Whereas, Many citizens of Randolph County travel to the State Capitol on an annual basis during the legislative session to participate in the democratic process, in which they share their accomplishments, aspirations and concerns with lawmakers; and

    Whereas, It is fitting to recognize Randolph County for its economic, cultural, historic and future contributions to the State of West Virginia; therefore, be it

    Resolved by the Senate:

    That the Senate hereby designates Monday, February 3, 2014, as Randolph County Day at the Legislature; and, be it

    Further Resolved, That the Senate acknowledges the many important contributions the citizens of Randolph County make in the State of West Virginia and encourages those citizens to continue to participate in the democratic process; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials representing Randolph County.

    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, Plymale, Snyder, Yost, Prezioso, Wells, McCabe, Stollings, Williams and Miller offered the following resolution:

    Senate Resolution No. 14--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 2014 membership of Leadership Jefferson consists of Amy Allen, JCDA; Diane Armstrong, BCT; Melissa Baker, Frontier; Mauricia Blackwell, APUS; Mary Burns, Spirit of Jefferson; Daena Carter, Simplified Business Solutions; Debra Hovatter, Spilman, Thomas & Battle; Todd Husson, City National; Jane Jones, JCDA; Tim Lykins, Jefferson County Parks and Recreation; Joshua Miller, Jefferson Medical Center; Chris Puller, United Bank; Paul Rosner, Fast Cash Pawn; Karen Schnably, Teacher of the Year; Jennifer Seely, Shepherd University Wellness; Ben Williams; and Samantha Zubbuch, HFNHP; 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 proceeded to the eighth order of business.

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

    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 an amendment to the bill on third reading.

    Thereupon, on motion of Senator Palumbo, the following amendment to the bill was reported by the Clerk and adopted:

    By striking out everything after the enacting section and inserting in lieu thereof the following:

CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.

ARTICLE 9. SUPERVISION OF LOCAL GOVERNMENT OFFICES.

§6-9-2c. Fraudulent or unauthorized use of purchasing card prohibited; penalties.

    It is unlawful for any person to use a local government purchasing card, issued in accordance with the provisions of section two-a of this article, to make any purchase of goods or services in a manner which is contrary to the provisions of section two-a of this article or the rules promulgated pursuant to that section: Provided, That such action is a continuing offense beginning when the purchasing card is issued or obtained by the person and that jurisdiction to prosecute rests with any county where the card was issued, obtained, used fraudulently, used without authorization or where any substantial or material element of the offense occurred. Any person who violates the provisions of this section is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility not less than one year nor more than five years, or fined no more than $5,000, or both fined and imprisoned.

CHAPTER 12. PUBLIC MONEYS AND SECURITIES.

ARTICLE 3. APPROPRIATIONS, EXPENDITURES AND DEDUCTIONS.

§12-3-10b. Fraudulent or unauthorized use of purchasing card              prohibited; penalties.

    It is unlawful for any person to use a state purchase card, issued in accordance with the provisions of section ten-a of this article, to make any purchase of goods or services in a manner which is contrary to the provisions of section ten-a of this article or the rules promulgated pursuant to that section: Provided, That such action is a continuing offense beginning when the purchasing card is issued or obtained by the person and that jurisdiction to prosecute rests with any county where the card was issued, obtained, used fraudulently, used without authorization or where any substantial or material element of the offense occurred. Any person who violates the provisions of this section is guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary not less than one year nor more than five years, or fined no more than $5,000, or both fined and imprisoned.

    The bill, as just amended, was again ordered to engrossment.

    Engrossed Committee Substitute for Senate Bill No. 267 was then read a third time and put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--32.

    The nays were: None.

    Absent: Cann and Facemire--2.

    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. 267) passed.

    On motion of Senator Palumbo, the following amendment to the title of the bill was reported by the Clerk and adopted:

    Eng. Com. Sub. for Senate Bill No. 267--A Bill to amend and reenact §6-9-2c of the Code of West Virginia, 1931, as amended; and to amend and reenact §12-3-10b of said code, all relating to fraudulent or unauthorized use of purchasing cards; ensuring that the courts of West Virginia have jurisdiction over fraudulent or unauthorized use of purchasing cards; establishing jurisdiction; and defining the conduct as a continuing offense.

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

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

    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, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--32.

    The nays were: None.

    Absent: Cann and Facemire--2.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 381) passed.

    On motion of Senator Stollings, the following amendment to the title of the bill was reported by the Clerk and adopted:

    Eng. Com. Sub. for Com. Sub. for Senate Bill No. 381--A Bill to amend and reenact §18-2-9 of the Code of West Virginia, 1931, as amended, relating to required course of instruction in all public schools in West Virginia; and requiring instruction in cardiopulmonary resuscitation and care for conscious choking.

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

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

    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, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--32.

    The nays were: None.

    Absent: Cann and Facemire--2.

    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. 405) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, Blair, Boley, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--32.

    The nays were: None.

    Absent: Cann and Facemire--2.

    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. 405) 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. 435, Correcting code reference relating to handgun safety training for certain court personnel.

    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, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--32.

    The nays were: None.

    Absent: Cann and Facemire--2.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 435) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, Blair, Boley, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--32.

    The nays were: None.

    Absent: Cann and Facemire--2.

    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. 435) 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. 32, Authorizing Legislative Auditor to collect sunrise application review fee.

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

    Com. Sub. for Senate Bill No. 165, Authorizing Department of Transportation promulgate legislative rules.

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

    Senate Bill No. 257, Relating to real property possessor's liability for harm to trespassers.

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

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

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

    Senate Bill No. 325, Providing State Fire Marshal serve at will and pleasure of Fire Commission.

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

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

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

    Com. Sub. for Senate Bill No. 408, Relating to parole.

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

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

    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.

    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. 357, Relating to Logging Sediment Control Act civil and criminal penalties.

    Com. Sub. for Senate Bill No. 387, Clarifying duly authorized officers have legal custody of their prisoners while in WV.

    Com. Sub. for Com. Sub. for Senate Bill No. 395, Relating to operation and oversight of certain human services benefit programs.

    Eng. House Bill No. 4177, Making a supplementary appropriation to various agencies.

    And,

    Eng. House Bill No. 4182, Supplementing, amending, increasing, decreasing, and adding items of appropriations in various accounts.

    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 Carmichael.

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

    The Senate next proceeded to the thirteenth order of business.

    At the request of Senator Plymale, the name of Senator Plymale was removed as a sponsor of Senate Bill No. 440 (Creating O. C. Spaulding Electronic Recording Act).

    On motion of Senator Unger, leaves of absence for the day were granted Senators Cann and Facemire.

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

    On motion of Senator Unger, the Senate adjourned until tomorrow, Tuesday, February 4, 2014, at 11 a.m.

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