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Senate Journal


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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2013

TWENTY-EIGHTH DAY

____________

Charleston, W. Va., Tuesday, March 12, 2013

    The Senate met at 11 a.m.

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

    Prayer was offered by the Reverend Shauna Hyde, Associate Pastor, Christ Church United Methodist, Charleston, West Virginia.

    Pending the reading of the Journal of Monday, March 11, 2013,

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

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

    The Senate then proceeded to the third order of business.

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

    Eng. House Bill No. 2361--A Bill to amend and reenact §9A-4-2 of the Code of West Virginia, 1931, as amended, relating to including persons who served honorably in the National Guard and Reserves or who were discharged because of a service connected disability in the definition of “eligible veteran” for certain state training and employment preference benefits.

    Referred to the Committee on Military; 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. 2553--A Bill to amend and reenact §31B-8-809 of the Code of West Virginia, 1931, as amended; to amend and reenact §31D-14-1420 of said code; to amend and reenact §31D-15-1530 of said code; to amend and reenact §31E-13-1320 of said code; and to amend and reenact §31E-14-1430 of said code, all relating to the authority to conduct business in the state; authorizing the Secretary of State to administratively dissolve or revoke the certificate of authority of certain business entities; authorizing dissolution or revocation if a professional license has been revoked and that license is necessary for the continued operation of the business entity; and authorizing dissolution or revocation if the business entity is in default with the Bureau of Employment Programs.

    Referred 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. 2554--A Bill to amend and reenact §31D-15-1532 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §31D-15-1533; to amend and reenact §31E-14-1432 of said code; to amend said code by adding thereto a new section, designated §31E-14-1533; and to amend and reenact §59-1-2 of said code, all relating to providing a procedure for the Secretary of State to reinstate certificates of authority for foreign corporations; establishing a fee for reinstatement; and establishing a fee for parties to corporate mergers.

    Referred 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. 2760--A Bill to repeal §8-12-5a of the Code of West Virginia, 1931, as amended; to amend and reenact §7-1-3 of said code; to amend and reenact §8-12-5 of said code; and to amend said code, by adding thereto a new article, designated §61-7B-1, §61-7B-2, §61-7B-3, §61-7B-4, §61-7B-5 and §61-7B-6, all relating to crimes and punishment; jurisdiction, powers and duties of county commissions; general powers of municipalities and their governing bodies; uniform regulation of firearms, ammunition, and firearm accessories throughout West Virginia solely by the Legislature; legislative intent; definition; general rules relating to the regulation of firearms, ammunition and firearm accessories; remedies for unlawful regulation; providing for exceptions; and providing applicability, grand fathering clause and effective date.

    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 adoption by that body and requested the concurrence of the Senate in the adoption of

    Com. Sub. for House Concurrent Resolution No. 22--Requesting the Division of Highways to name a section of County Route 16, known as the Buffalo Creek Road, running through the unincorporated community of Lorado, Logan County, West Virginia, from the Lorado highway marker on the eastern edge of the community to the Lorado highway marker on the western edge of the community, the "Kerry Albright Road”.

    Referred to the Committee on Transportation and Infrastructure.

    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

    Senate Bill No. 159, Creating Real Property Transfer on Death Act.

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

    Com. Sub. for Senate Bill No. 159 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §36-12-1, §36-12-2, §36-12-3, §36-12-4, §36-12-5, §36-12-6, §36-12-7, §36-12-8, §36-12-9, §36-12-10, §36-12-11, §36-12-12, §36-12-13, §36-12-14, §36-12-15, §36-12-16 and §36-12-17, all relating to creating the Uniform Real Property Transfer on Death Act; authorizing the transfer of real property effective at the time of a transferor’s death; providing for applicability and nonexclusivity of this method of transferring real property; providing that a transfer on death deed is revocable and nontestamentary; establishing the capacity of transferor; setting forth requirements for a transfer of death deed; providing that transfer of death deed exempt from payment of excise tax on the privilege of transferring real estate; providing that notice, delivery, acceptance or consideration are not required; providing requirements for revocation of deed; setting forth the effect of transfer on death deed during a transferor’s life and effect of the deed at transferor’s death; providing for disclaimer; providing for liberal construction; providing for uniformity of application and construction; setting forth the article’s relation to the Electronic Signatures in Global and National Commerce Act; and defining terms.

    And,

    Senate Bill No. 427, Clarifying requirements for certain motor vehicle searches.

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

    Com. Sub. for Senate Bill No. 427 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §62-1A-10 of the Code of West Virginia, 1931, as amended, relating to clarifying requirements for certain motor vehicle searches.

    With the recommendation that the two committee substitutes 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. 368, Clarifying certain criminal conviction constitutes basis for voiding marriage.

    And reports the same back with the recommendation that it 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. 383, Authorizing family court judges appoint counsel in certain contempt cases.

    And has amended same.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    The Senate proceeded to the sixth order of business.

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

    By Senators Walters, Barnes, Green, D. Hall, Kirkendoll, Miller, Nohe, Stollings, Sypolt and Tucker:

    Senate Bill No. 497--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13DD-1, §11-13DD-2 and §11-13DD-3; to amend and reenact §15-5-21 of said code; to amend said code by adding thereto a new section, designated §17-2A-8d; and to amend and reenact §55-7D-1 of said code, all relating to improving state emergency preparedness; creating an emergency generator tax credit for natural gas-, propane-, gasoline- or diesel-fueled machines; requiring the Office of Emergency Services to coordinate with local radio and television stations to broadcast public service announcements with information as to the location of emergency shelters; authorizing the Commissioner of Highways to erect signs relating to emergency shelters; providing tax credits for use of emergency generators; and providing a protection from civil or criminal liability to persons donating food during times of emergencies.

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

    By Senator Palumbo:

    Senate Bill No. 498--A Bill to amend and reenact §11-16-24 of the Code of West Virginia, 1931, as amended; to amend and reenact §60-3A-28 of said code; to amend and reenact §60-7-13a of said code; and to amend and reenact §60-8-18 of said code, all relating to providing consistency for the location of the Alcohol Beverage Control Administration’s appeal hearings; and providing that appeals from the commissioner’s decision are to be brought in the circuit court of Kanawha County.

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

    By Senator Chafin:

    Senate Bill No. 499--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A-6-111, relating to general consumer protection; prohibiting surcharges by sellers on credit card usage by consumers as method of payment; and requiring sellers to make clear and conspicuous disclosure of all fees otherwise charged.

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

    By Senator Sypolt:

    Senate Bill No. 500--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-3pp, relating to authorizing certain counties to levy on ski lift tickets for funding local emergency medical services.

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

    By Senators Chafin, Barnes, Nohe and Fitzsimmons:

    Senate Bill No. 501--A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to permitting the Division of Motor Vehicles to issue special registration plates to family members of law-enforcement officers who have been killed in the line of duty.

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

    By Senators Palumbo, Kessler (Mr. President), Unger, Stollings, Cann and McCabe:

    Senate Bill No. 502--A Bill to amend and reenact §18-21-2 and §18-21-4 of the Code of West Virginia, 1931, as amended, all relating to clarifying the special community-based pilot demonstration project to improve outcomes for at-risk youth.

    Referred to the Committee on Education.

    By Senators Kessler (Mr. President), Yost, Wells, Cann, Nohe and Fitzsimmons:

    Senate Bill No. 503--A Bill to amend and reenact §7-3-2a of the Code of West Virginia, 1931, as amended, relating to requiring purchase and display of POW/MIA flag at county courthouses and other government buildings.

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

    By Senators Miller, Williams and D. Hall:

    Senate Bill No. 504--A Bill to repeal §19-4-26 and §19-4-30 of the Code of West Virginia, 1931, as amended; and to amend and reenact §19-4-1, §19-4-2, §19-4-6, §19-4-10, §19-4-19, §19-4-21 and §19-4-29 of said code, all relating to cooperative associations; permitting three or more persons producing agricultural products to form a profit or nonprofit cooperative association; providing that certain credit union provisions apply; permitting the association be managed by not fewer than three directors; requiring cooperative associations file annual reports with the Secretary of State; requiring the term cooperative or its abbreviation be in the name of the association; prohibiting a farmer’s marketing association from using the term cooperative or its abbreviation as part of its name unless certain conditions are met; stating that the business corporation or nonprofit corporation laws apply to cooperatives; clarifying definitions; and clarifying articles of incorporation and directors of cooperative associations.

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

    By Senators Snyder and Wells:

    Senate Bill No. 505--A Bill to amend and reenact §29A-2-7 of the Code of West Virginia, 1931, as amended, relating to publication of the State Register; providing that the State Register and its supplements will be available only in electronic format with limited exceptions; and providing that the fees collected for the sale of certain records will be deposited in equal amounts into the General Revenue Fund and the service fees and collections account.

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

    Senators Walters, Carmichael, Cole, Fitzsimmons, McCabe, Palumbo, Snyder, Sypolt, Wells, Yost, Kessler (Mr. President), Unger and Stollings offered the following resolution:

    Senate Concurrent Resolution No. 19--Requesting the Division of Highways to name bridge number 20-61-10.39, crossing Cabin Creek on United States Route 61, in Kanawha County, the “U. S. Army Sgt. Archie W. Searls Memorial Bridge”.

    Whereas, Archie W. Searls was born July 2, 1920, and lived a full life until he passed away on January 6, 2013; and

    Whereas, Archie W. Searls served his country in World War II, having served in the United States Army’s 3144th Signal Service Detachment; and

    Whereas, Archie W. Searls worked for Appalachian Power Company for forty-one years, working eleven years at the company’s Cabin Creek facility and an additional thirty years at the company’s Kanawha River Plant facility in Glasgow; and

    Whereas, Archie W. Searls served as a charter board member of the Chelyan Public Service District, now Kanawha Public Service District, and served multiple terms as president of the Public Service District, where he worked to provide the citizens of eastern Kanawha County with fresh potable water and sanitary sewer systems; and

    Whereas, Archie W. Searls served as a board member of the Kanawha Valley Regional Transportation Authority for fifteen years, where he also served multiple terms as President of the Transportation Authority, working to improve public transportation for all citizens of Kanawha County; and

    Whereas, Archie W. Searls was a lifelong member of the Chelyan United Methodist Church, where he served on the Administrative Council. He also gave freely of his time serving as the Chaplain for the East Bank High School football team for sixteen years, and continued to serve in this capacity for an additional fourteen years at Riverside High School; and

    Whereas, Archie W. Searls regularly volunteered at Heartland Healthcare Center for more than thirty years, helping care for senior citizens less fortunate than himself even in his advanced age; and

    Whereas, Archie W. Searls was a member of plethora fraternal organizations including Chelyan Masonic Lodge 158, where he served as a past master, Chelyan and Pratt Lions Clubs, Eastern Star, the Scottish Rite and Shrine of Charleston; and

    Whereas, Archie W. Searls was a lifelong resident of the Greater Chelyan area near East Bank, West Virginia, and naming a bridge after Archie W. Searls near his home would be a small tribute to a man who was very well thought of and who always placed his fellow citizens’ well being before his own; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Division of Highways to name bridge number 20-61-10.39, crossing Cabin Creek on United States Route 61, in Kanawha County, the “U. S. Army Sgt. Archie W. Searls Memorial Bridge”; and, be it

    Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “U. S. Army Sgt. Archie W. Searls Memorial Bridge”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the family of Archie W. Searls.

    Which, under the rules, lies over one day.

    Senators Chafin, Yost, Kessler (Mr. President), Unger, Stollings and D. Hall offered the following resolution:

    Senate Concurrent Resolution No. 20--Requesting the Division of Highways to name State Route 80, beginning at the intersection of Routes 52 and 80 in Iaeger and ending at the intersection of Routes 83 and 80 in Bradshaw, in McDowell County, the "Army PFC Phill G. McDonald Medal of Honor Recipient Memorial Highway".

    Whereas, PFC McDonald was born on September 13, 1941, to Oscar Fred and VanDora McDonald; and

    Whereas, PFC McDonald was raised in Avondale and had thirteen brothers and sisters; and

    Whereas, When PFC McDonald was about seventeen he moved to Greensboro, North Carolina, where his sister Alice resided and began working in a cedar plant; and

    Whereas, After moving to North Carolina PFC McDonald became active in the Central Assembly Church of God, taught Sunday School, sang in the choir, played the guitar and planned to become a minister; and

    Whereas, PFC McDonald joined the United States Army in Beckley, West Virginia, in 1967, took basic training at Fort Benning, Georgia, and served as a private first class in Company A, 1st Battalion, 14th Infantry Regiment, 4th Infantry Division; and

    Whereas, PFC McDonald was posthumously awarded the Medal of Honor by President Nixon during a special ceremony at the White House, for his actions during a June 7, 1968, firefight near Kontum City in the Republic of Vietnam, during which he was killed; and

    Whereas, PFC McDonald’s Medal of Honor Citation reads in full: “For conspicuous gallantry and intrepidity in action at the risk of his life above and beyond the call of duty. Pfc. McDonald distinguished himself while serving as a team leader with the First Platoon, Company A. While on a combat mission his platoon came under heavy barrage of automatic weapons fire from a concealed company-size enemy force. Volunteering to escort two wounded comrades to an evacuation point, McDonald crawled through intense fire to destroy with a grenade an enemy automatic weapon threatening the safety of the evacuation. Returning to his platoon, he again volunteered to provide covering fire for the maneuver of the platoon from its exposed position. Realizing the threat he posed, enemy gunners concentrated their fire on McDonald's position, seriously wounding him. Despite his painful wounds, McDonald recovered the weapon of a wounded machine gunner to provide accurate covering fire for the gunner's evacuation. When other soldiers were pinned down by a heavy volume of fire from a hostile machine gun to his front, McDonald crawled toward the enemy position to destroy it with grenades. He was mortally wounded in this intrepid action. McDonald's gallantry at the risk of his life which resulted in the saving of the lives of his comrades, is in keeping with the highest traditions of the military service and reflects great credit upon himself, his unit, and the U. S. Army”; and

    Whereas, PFC McDonald is McDowell County’s only Medal of Honor recipient; and

    Whereas, On February 23, 2012, during a special ceremony, PFC McDonald’s portrait and Medal of Honor citation were placed in the McDowell County Courthouse and in the hearts of all those who knew him; and

    Whereas, During that February 23, 2012, ceremony, VFW Post 1144, Iaeger, and American Legion Post 175, Bradshaw, combined to offer a 21-gun salute at the courthouse to honor PFC McDonald; and

    Whereas, It is fitting to honor Army PFC Phill G. McDonald for his commitment, dedication and service to his country and his state and having made the ultimate sacrifice; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name State Route 80, beginning at the intersection of Routes 52 and 80 in Iaeger and ending at the intersection of Routes 83 and 80 in Bradshaw, McDowell County, the "Army PFC Phill G. McDonald Medal of Honor Recipient Memorial Highway”; and, be it

    Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the highway as the "Army PFC Phill G. McDonald Medal of Honor Recipient 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 the family of Army PFC Phill G. McDonald.

    Which, under the rules, lies over one day.

    Senators Plymale, Yost, Kessler (Mr. President), Unger, Stollings and Jenkins offered the following resolution:

    Senate Resolution No. 31--Congratulating the Huntington High School wrestling team for winning the 2013 West Virginia AAA State Championship.

    Whereas, The Highlanders completed an amazing 2013 wrestling season, which resulted in Huntington High School’s first ever wrestling state championship; and

    Whereas, En route to winning the championship, the Highlanders defeated four-time defending champion Parkersburg South in impressive style, finishing with three individual state champions, placing ten out of fourteen wrestlers, and racking up 200 points; and

    Whereas, The Highlanders are led by head coach Rob Archer and assistant coaches John Dempsey, Steve Riner, Zack Fraley and Randy Edrington; and

    Whereas, The Highlanders team consists of wrestlers Jordan Allen (State Champion), Justin Arthur (State Champion and Most Outstanding Wrestler), Jacob Blackburn, Austin Budd, Nigale Cabell, Carter Capehart, Isaac Carpenter, Chase Childers, Paden Christian, Devin Dempsey, Dylan Dempsey, Jesse Donahoe, Andre Franklin, Logan Grass (State Champion), Stefan Gibbs, Alex Haddox, Trevor Johnson, Tucker Kennedy, Jacob Ketchum, Toney Kitts, Jason Martin, Kyle McCoy, Patrick Murphy, Aerison Parrish, Jeremy Perkins, Ian Preston, Tanner Ratcliff, Cody Shepherd, Johnathan Spence, Noah Toney, Billy Waldeck and Bryce Wooten; and

    Whereas, The Highlanders displayed their strong will and determination for an entire season and will be remembered as one of the most successful teams ever assembled in West Virginia high school wrestling history; therefore, be it

    Resolved by the Senate:

    That the Senate hereby congratulates the Huntington High School wrestling team for winning the 2013 West Virginia AAA State Championship; and, be it

    Further Resolved, That the Senate acknowledges the dedication and commitment of each individual coach and wrestler, which resulted in the Highlanders winning the first ever wrestling state championship for Huntington High School; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Huntington High School wrestling team.

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

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

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

    Senate Concurrent Resolution No. 18, Requesting DOH name portion of State Route 20 in Wyoming County "David and Janet Lee Memorial Highway".

    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. 386, Relating to personal safety orders.

    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. Com. Sub. for S. B. No. 386) 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. 386) 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. 387, Relating to family court judge supervision of criminal background investigations.

    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. 387) 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. 387) 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. 423, Providing certain convicted persons reduction in sentence.

    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. 423) 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. 423) 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. 200, Relating to Eyewitness Identification Act.

    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. 372, Creating criminal offense for interfering with emergency service call.

    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 eleventh order of business and the introduction of guests.

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

    On motion of Senator Unger, the Senate adjourned until tomorrow, Wednesday, March 13, 2013, at 11 a.m.

____________

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