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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

THIRTY-FIRST DAY

____________

Charleston, W. Va., Friday, February 7, 2014

    The Senate met at 10 a.m.

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

    Prayer was offered by Pastor Corbet May, St. John United Methodist Church, South Charleston, West Virginia.

    Pending the reading of the Journal of Thursday, February 6, 2014,

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

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

    At the request of Senator Unger, and by unanimous consent, Marshall Amores addressed the Senate on behalf of the Frasure-Singleton Student Legislative Program.

    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. 62, Relating to referral of drug court participants having co-occurring addiction and mental health issues.

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

    Com. Sub. for Senate Bill No. 62 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §62-15-7 of the Code of West Virginia, 1931, as amended, relating to authorizing drug courts to refer drug court participants who may have co-occurring addiction and mental illness conditions to properly licensed, certified mental health professionals for purposes of diagnosis and treatment; and directing the Department of Health and Human Resources to pay for the services using the Medicaid fee schedule if the participant is without insurance and unable to pay.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 62), under the original double committee reference, was then referred to the Committee on Finance.

    Senator Tucker, from the Committee on Banking and Insurance, submitted the following report, which was received:

    Your Committee on Banking and Insurance has had under consideration

    Senate Bill No. 88, Relating to claims for total loss and debris removal proceeds under farmers' mutual fire insurance companies.

    And,

    Senate Bill No. 437, Requiring mortgage brokers file certain reports with Division of Financial Institutions.

    And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Gregory A. Tucker,

                                 Chair.

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

    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. 133, Authorizing DEP promulgate legislative rule relating to permits for construction and major modification of major stationary sources which cause or contribute to nonattainment areas.

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

    Com. Sub. for Senate Bill No. 133 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Environmental Protection; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to horizontal well development; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to ambient air quality standards; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction and major modification of major stationary sources for the prevention of significant deterioration of air quality; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from the combustion of solid waste; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction and major modification of major stationary sources which cause or contribute to nonattainment areas; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from hazardous waste treatment, storage and disposal facilities; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements governing water quality standards; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to state certification of activities requiring federal licenses and permits; and authorizing the Department of Environmental Protection to promulgate a legislative rule relating to voluntary remediation and redevelopment.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    Senator Tucker, from the Committee on Banking and Insurance, submitted the following report, which was received:

    Your Committee on Banking and Insurance has had under consideration

    Senate Bill No. 383, Providing limited exemption from Safe Mortgage Licensing Act to certain residential real estate owners.

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

    Com. Sub. for Senate Bill No. 383 (originating in the Committee on Banking and Insurance)--A Bill to amend and reenact §31-17-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact §31-17A-2 of said code, all relating to permitting certain owners of residential real estate limited exemptions from the licensing requirements of the West Virginia Residential Mortgage Lender, Broker and Servicer Act and the West Virginia Safe Mortgage Licensing Act for self-financed home financing if the owner is not acting within the regular course of business; establishing reporting requirements; and authorizing the Division of Financial Institutions to impose civil administrative penalties for failure to timely report.

    And,

    Senate Bill No. 384, Prohibiting certain insurers require policyholders use mail-order pharmacy.

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

    Com. Sub. for Senate Bill No. 384 (originating in the Committee on Banking and Insurance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-15-22; to amend and reenact §33-16-3q of said code; to amend and reenact §33-24-7h of said code; to amend and reenact §33-25-8f of said code; and to amend and reenact §33-25A-8g of said code, all relating generally to accident and sickness insurance, group accident and sickness insurance, hospital service corporations, medical service corporations, dental service corporations, health service corporations, health care corporations and health maintenance organizations; prohibiting certain contracts of insurance from requiring subscribers to obtain prescription drugs from a mail-order pharmacy in order to obtain benefits for drugs; permitting a covered person to fill any prescription at any mail-order pharmacy or network participating nonmail-order pharmacy under certain circumstances; prohibiting special copayments, fees or other condition on any covered person who elects to purchase drugs from a network participating nonmail-order pharmacy; describing the scope of the prohibitions; and permitting certain legislative rulemaking by the Insurance Commissioner.

    With the recommendation that the two committee substitutes do pass; but under the original double committee references first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Gregory A. Tucker,

                                 Chair.

    The bills (Com. Sub. for S. B. Nos. 383 and 384), under the original double committee references, were then referred to the Committee on the Judiciary.

    Senator Tucker, from the Committee on Banking and Insurance, submitted the following report, which was received:

    Your Committee on Banking and Insurance has had under consideration

    Senate Bill No. 407, Providing renewal of lapsed managing general insurance agent licenses.

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

                             Respectfully submitted,

                               Gregory A. Tucker,

                                 Chair.

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

    Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:

    Your Committee on Health and Human Resources has had under consideration

    Senate Bill No. 456, Extending expiration date for health care provider tax on eligible acute care hospitals.

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

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

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

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

    Your Committee on the Judiciary has had under consideration

    Senate Bill No. 458, Imposing additional circuit court fees to fund low-income persons' civil legal services.

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

    Com. Sub. for Senate Bill No. 458 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §59-1-11 of the Code of West Virginia, 1931, as amended, relating to certain fees in the circuit courts of the state to be dedicated to the support of civil legal services for low-income persons by depositing certain fees in the pre-existing Fund for Civil Legal Services for Low Income Persons; requiring the civil action filing fee apply to removal of cases from magistrate court; increasing the civil action filing fee; creating a new fee associated with certain civil court filings; and creating exceptions.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

    Senator Plymale, from the Committee on Education, submitted the following report, which was received:

    Your Committee on Education has had under consideration

    Senate Bill No. 483, Renaming administrative heads of Potomac campus of WVU and WVU Institute of Technology.

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

                             Respectfully submitted,

                               Robert H. Plymale,

                                 Chair.

    Senator Plymale, from the Committee on Education, submitted the following report, which was received:

    Your Committee on Education has had under consideration

    Senate Concurrent Resolution No. 18, Recognizing additional higher education funding cuts to be detrimental.

    And reports the same back with the recommendation that it be adopted; but with the further recommendation that it first be referred to the Committee on Rules.

                             Respectfully submitted,

                               Robert H. Plymale,

                                 Chair.

    At the request of Senator Plymale, unanimous consent being granted, the resolution (S. C. R. No. 18) contained in the preceding report from the Committee on Education was taken up for immediate consideration.

    On motion of Senator Plymale, the resolution was referred to the Committee on Rules.

    Senator Tucker, from the Committee on Banking and Insurance, submitted the following report, which was received:

    Your Committee on Banking and Insurance has had under consideration

    House Concurrent Resolution No. 42, Biggert-Waters Flood Insurance Reform Act of 2012.

    And has amended same.

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

                             Respectfully submitted,

                               Gregory A. Tucker,

                                 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 Unger, Jenkins and Kessler (Mr. President):

    Senate Bill No. 508--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-3E-1, §29-3E-2 and §29-3E-3, all relating to the establishment of the Volunteer Departments Loan Fund within the State Treasurer’s Office; providing the power of the State Fire Commission to withdraw money from the fund; and providing amounts that the State Fire Commission may loan to volunteer departments.

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

    By Senators Stollings, Laird and Miller:

    Senate Bill No. 509--A Bill to amend and reenact §33-46-2 and §33-46-18 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto four new sections, designated §33-46-21, §33-46-22, §33-46-23 and §33-46-24, all relating to the regulation of pharmacy benefits managers; defining terms; providing that pharmacy benefits managers conducting audits for public health programs are not exempt from pharmacy audit restrictions; imposing restrictions upon audits conducted by pharmacy benefits managers; providing an internal review process applicable to disputed findings of a pharmacy benefits manager upon audit; requiring pharmacy benefits managers to provide notice to purchasers, pharmacists and pharmacies of information relating to maximum allowable costs; and requiring pharmacy benefits managers to provide a process relating to the appropriate use of maximum allowable cost pricing.

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

    By Senators Plymale, Stollings, D. Hall, Wells and McCabe:

    Senate Bill No. 510--A Bill to amend and reenact §18B-18A-1, §18B-18A-2, §18B-18A-3, §18B-18A-9, §18B-18A-11 and §18B-18A-12 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Research Trust Fund; increasing the recipients of the fund to include all state land grant institutions of higher education; providing for the redistribution of moneys; providing for a $25 million transfer from the General Revenue Fund, under certain conditions, into the West Virginia Research Trust Fund; setting forth deadline and consequences for failure to obtain matching funds and donations; providing for rulemaking; and requiring reporting.

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

    By Senators M. Hall, Barnes, Blair, Carmichael, Cole, Jenkins, Nohe, Sypolt and Walters:

    Senate Bill No. 511--A Bill to amend and reenact §4-2-1, §4-2-2, §4-2-4, §4-2-8 and §4-2-10 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §4-2-13, all relating to the Legislative Auditor; requiring that the Legislative Auditor conduct audits of all spending units, including members of the Board of Public Works and the Legislature, within at least two years of the effective date of this section, if practicable, but no later than four years from the effective date of this section, and thereafter on a regular basis; requiring public disclosure of any and all reviews performed pursuant to this section; and permitting the Legislative Auditor to seek the assistance of the Attorney General’s Office in performing the duties set forth within this section.

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

    By Senators Carmichael, M. Hall, Plymale, D. Hall and Nohe:

    Senate Bill No. 512--A Bill to amend and reenact §11-10-14a of the Code of West Virginia, 1931, as amended, relating to including on the state personal income tax return a checkoff option to donate some or all of any tax refund to the Cedar Lakes Foundation Checkoff Program.

    Referred to the Committee on Finance.

    By Senators Cookman, Plymale, Wells, Edgell, Stollings, Beach and D. Hall:

    Senate Bill No. 513--A Bill to amend and reenact §18-20-5 of the Code of West Virginia, 1931, as amended, relating to more equitable distribution to county boards of reimbursement of the costs of serving high-cost/high-acuity special needs students; eliminating requirement for annual review of rules, policies and standards and federal law and report to Legislative Oversight Commission; defining high-cost/high-acuity special needs; and providing for method of fund disbursement.

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

    By Senators Carmichael and Cole:

    Senate Bill No. 514--A Bill to amend and reenact §14-2A-3 of the Code of West Virginia, 1931, as amended, relating to eliminating the eligibility of the cleanup of real property damaged by a methamphetamine laboratory as an allowable compensation award pursuant to the West Virginia Crime Victims Compensation Act.

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

    Senators Kirkendoll, Stollings, Unger and Jenkins offered the following resolution:

    Senate Concurrent Resolution No. 28--Requesting the Division of Highways to name the stretch of road on CR 10/17, approximately at mile post 1.22 as measured on Google Earth from the intersection of CR 10/17 and CR 710/6, a distance of 0.78 miles beyond the indicated point in Lyburn, Logan County, the “Joshua Walls Memorial Highway”.

    Whereas, Joshua Walls was born October 16, 1987, to Terry (deceased) and Diana Walls. He had three sisters: Shawn Walls, Sandy Walls and Terri Walls, all deceased. He died January 18, 2012. Josh was a graduate of Man High School, class of 2005, attended Lyburn Freewill Baptist Church and was loved; and

    Whereas, Josh, his father and his sister Terri all passed away from the same disease, dyskeratosis congenita. It was believed that Josh would not live past the age of eighteen, but he lived to be twenty-four years of age. He rarely complained about his illness. It is only fitting that we honor Joshua Walls and provide awareness of the disease that took his life, for his dedicated and selfless contributions to his community and Logan County in the face of this debilitating disease; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name the stretch of road on CR 10/17, approximately at mile post 1.22 as measured on Google Earth from the intersection of CR 10/17 and CR 710/6, a distance of 0.78 miles beyond the indicated point in Lyburn, Logan County, the “Joshua Walls 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 road as the “Joshua Walls 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 relatives of Joshua Walls.

    Which, under the rules, lies over one day.

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

    Senate Resolution No. 21--Urging Supervalu, Inc., to reconsider and reverse its decision to close its warehouse in Milton, West Virginia.

    Whereas, Supervalu, Inc., is a grocery industry leader, serving customers through more than three thousand four hundred owned, licensed, franchised and affiliated stores across the country; and

    Whereas, Supervalu, Inc., owns and operates a warehouse in Milton, West Virginia, employing nearly one hundred people with well-paying West Virginia jobs, where the rates range from $17.00 to a little over $21.00 per hour, in addition to health care and pension benefits; and

    Whereas, On Monday, January 13, 2014, Supervalu, Inc., notified union representatives and their employees that it intended to close the Milton, West Virginia, warehouse effective in April, 2014; and

    Whereas, The closure of this facility would be devastating not only to the individuals and families who would be directly affected, but to the local economy and to West Virginia’s economy; and

    Whereas, As the Milton, West Virginia, warehouse has been historically recognized as an efficient operation, the Senate is calling on Sam Duncan, President and Chief Executive Officer of Supervalu, Inc., and its board of directors to explore all options to keep the warehouse open for business; and

    Whereas, The Senate also calls on Sam Duncan, President and Chief Executive Officer of Supervalu, Inc., and its board of directors to work with our local, county, state and federal government leaders to save the jobs of these employees and to avoid the economic loss to West Virginia; therefore, be it

    Resolved by the Senate:

    That the Senate urges Supervalu, Inc., to reconsider and reverse its decision to close its warehouse in Milton, West Virginia; and, be it

    Further Resolved, That the Senate pledges its support in working with local, county and federal government leaders, as well as with Sam Duncan, President and Chief Executive Officer of Supervalu, Inc., and its board of directors to ensure the warehouse remains open for business; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Sam Duncan, President and Chief Executive Officer of Supervalu, Inc., and its board of directors.

    Which, under the rules, lies over one day.

Petitions

    Senator Blair presented a petition from Dechanile Davis and one hundred ninety-three members and patrons of the Ridgeley American Legion, supporting Senate Bill No. 382 (Exempting certain veterans' and active duty military organizations from indoor smoking regulations).

    Referred to the Committee on Military.

    At the request of Senator Unger, and by unanimous consent, the Senate returned to the fourth order of business.

    Senator Plymale, from the Committee on Education, submitted the following report, which was received:

    Your Committee on Education has had under consideration

    Senate Bill No. 515 (originating in the Committee on Education)--A Bill to repeal §18-11-6a of the Code of West Virginia, 1931, as amended, relating to abolishing obsolete code section pertaining to state aid for students of veterinary medicine.

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

                             Respectfully submitted,

                               Robert H. Plymale,

                                 Chair.

    Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:

    Your Committee on Health and Human Resources has had under consideration

    Senate Resolution No. 22 (originating in the Committee on Health and Human Resources)--Urging the United States Congress to amend the Food and Nutrition Act of 2008 to address the issue of stipulations of the Supplemental Nutritional Assistance Program in relation to encouraging the program to allow purchases of healthy food items and to discourage fraud.

    Whereas, The Supplemental Nutritional Assistance Program is a beneficial federal program which provides federal funds to the state in the effort of relieving the financial burden of purchasing food for those who qualify; and

    Whereas, The purchase of certain food items is not conducive to living a healthy lifestyle; and

    Whereas, One of the most critical challenges facing our state is reducing obesity as West Virginia has one of the highest obesity rates in the United States. Its implications for our health, our medical care system, our state’s budget and our communities are profound; and

    Whereas, West Virginia was ranked as one of the worst states with heart-related illness according to the American Heart Association, has one of the highest rates of diabetes in the United States and has one of the poorest ratings of oral health in the country; and

    Whereas, West Virginia and other states are precluded from taking action to limit SNAP purchases for unhealthy foods and beverages and from providing incentives for the purchase of fresh fruits and vegetables until the United States Congress addresses the issue within the Department of Agriculture concerning their Supplemental Nutritional Assistance Program by altering the Food and Nutrition Act of 2008; and

    Whereas, In addition to the nutrition problem, fraud and abuse of the SNAP system is rampant; and

    Whereas, Both beneficiaries who sell their SNAP benefits for cash online and retailers who receive fraudulent PIN numbers and collect funds cost the program millions of dollars; and

    Whereas, In the last ten years, more than eight thousand retailers have been disqualified for participating in fraud, and in the last year alone, more than forty-four thousand individuals have been disqualified thanks to state government investigations; therefore, be it

    Resolved by the Senate:

    That the Senate hereby urges the United States Congress to amend the Food and Nutrition Act of 2008 to address the issue of stipulations of the Supplemental Nutritional Assistance Program in relation to encouraging the program to allow purchases of healthy food items and to discourage fraud; and, be it

    Further Resolved, That the Senate urges the United States Congress to take up the issue to adopt SNAP regulations that would prohibit the use of SNAP moneys to purchase unhealthy food items and to allow states to provide incentives for SNAP dollars spent on healthy fruit and vegetables; and, be it

    Further Resolved, That the Senate encourages the United States Congress to enact legislation that requires greater controls on required identification, including photographs on SNAP benefit cards, for the use of SNAP benefits in an effort to thwart fraud and abuse; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Majority Leader of the United States Senate, the Speaker of the United States House of Representatives and each member of West Virginia's congressional delegation.

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

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

    At the request of Senator Stollings, unanimous consent being granted, the resolution (S. R. No. 22) contained in the preceding report from the Committee on Health and Human Resources was taken up for immediate consideration.

    On motion of Senator Stollings, the resolution was referred to the Committee on Rules.

    The Senate proceeded to the eighth order of business.

    Eng. Com. Sub. for Com. Sub. for Senate Bill No. 336, Relating to possession and administration of opioid antagonist.

    On third reading, coming up in regular order, was read a third time and put upon its passage.

    Pending discussion,

    The question being “Shall Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 336 pass?”

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, 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: Chafin 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. 336) passed with its title.

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

    Thereafter, at the request of Senator Plymale, and by unanimous consent, the remarks by Senator Jenkins regarding the passage of Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 336 were ordered printed in the Appendix to the Journal.

    Eng. Com. Sub. for Senate Bill No. 397, Expanding scope of activities considered financial exploitation of elderly.

    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, 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: Chafin 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. 397) passed with its title.

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

    The Senate proceeded to the ninth order of business.

    Senate Bill No. 426, Relating to appointments to certain higher education commissions, councils and boards.

    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. 450, Relating to sale and consumption of alcoholic liquors in certain outdoor dining areas.

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

    Senate Bill No. 470, Providing completed grand jury questionnaires are confidential.

    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. 90, Creating criminal offense for interfering or preventing call for assistance of emergency service personnel.

    Senate Bill No. 403, Regulating importation and possession of certain injurious aquatic species.

    And,

    Senate Bill No. 454, Defining dam "owner".

    The Senate proceeded to the twelfth order of business.

    Remarks were made by Senators Stollings and Miller.

    Thereafter, at the request of Senator Unger, and by unanimous consent, the remarks by Senators Stollings and Miller were ordered printed in the Appendix to the Journal.

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

    Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,

    On motion of Senator Unger, the Senate adjourned until Monday, February 10, 2014, at 11 a.m.

____________

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