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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2012

THIRTY-SEVENTH DAY

____________

Charleston, W. Va., Thursday, February 16, 2012

    The Senate met at 11 a.m.

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

    Prayer was offered by Pastor Chris Riggs, Youth Pastor, First Church of the Nazarene, South Charleston, West Virginia.

    Pending the reading of the Journal of Wednesday, February 15, 2012,

    On motion of Senator Prezioso, 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 Department of Transportation, Office of Administrative Hearings, submitting its annual report as required by chapter seventeen-c, article five-c, section two of the code of West Virginia.

    Which report was received and filed with the Clerk.

    The Senate proceeded to the third order of business.

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

    Eng. Com. Sub. for House Bill No. 3177--A Bill to the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §38-1-16, relating to the status and rights of parties under a preexisting tenancy and lease when residential rental property is sold by a trustee pursuant to a deed of trust; right of new owner to terminate tenancy; right of existing tenant to terminate tenancy; minimum notice requirements to terminate tenancy; service requirements; survival of terms and conditions under preexisting lease; exceptions; and effective date.

    Referred to the Committee on the Judiciary.

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

    Eng. Com. Sub. for House Bill No. 4104--A Bill to amend and reenact §30-1-7a of the Code of West Virginia, 1931, as amended, relating to authorizing professional licensing boards to exempt licensees who have been licensed for a total of twenty years or more from continuing education requirements.

    Referred to the Committee on Government Organization.

    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. 4111--A Bill to repeal §30-4-25 of the Code of West Virginia, 1931, as amended; to repeal §30-4B-6 of said code; to repeal §30-5-23 of said code; to repeal §30-6-28 of said code; to repeal §30-7-14 of said code; to repeal §30-7C-13 of said code; to repeal §30-7D-10 of said code; to repeal §30-9-27 of said code; to repeal §30-21-14 of said code; to repeal §30-22-26; to repeal §30-23-27 of said code; to repeal §30-26-19 of said code; to repeal §30-30-25 of said code; to repeal §30-32-20 of said code; to repeal §30-35-13 of said code; to amend and reenact §30-13-9 of said code; to amend and reenact §30-16-11 of said code; to amend and reenact §30-37-8 of said code; and to amend and reenact §30-40-24 of said code, all relating to the authority by state boards of examination and registration to apply for an injunctions.

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

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

    Eng. Com. Sub. for House Bill No. 4206--A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Transportation; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules 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 Commissioner of Highways to promulgate a legislative rule relating to the construction and reconstruction of state roads (157 CSR 3);authorizing the Commissioner of Highways to promulgate a legislative rule relating to the transportation of hazardous wastes upon the roads and highways (157 CSR 7); and authorizing the Division of Motor Vehicles to promulgate a legislative rule relating to compulsory motor vehicle liability insurance (91 CSR 13).

    Referred to the Committee on the Judiciary.

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

    Eng. House Bill No. 4291, Relating to county law libraries established by the Supreme Court of Appeals.

    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. 4345--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-2-17, relating to the sale of railroad scrap metal; definitions; written authorization for sale; minimum amount of railroad scrap metal sold; due diligence of purchaser; presumptions available in civil action; and, award of costs and fees.

    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. 4390--A Bill to repeal §39-4-1, §39-4-2, §39-4-3, §39-4-4, §39-4-5, §39-4-6 and §39-4-7 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new chapter, designated §39B-1-101, §39B-1-102, §39B-1-103, §39B-1-104, §39B-1-105, §39B-1-106, §39B-1-107, §39B-1-108, §39B-1-109, §39B-1-110, §39B-1-111, §39B-1-112, §39B-1-113, §39B-1-114, §39B-1-115, §39B-1-116, §39B-1-117, §39B-1-118, §39B-1-119, §39B-1-120, §39B-1-121, §39B-1-122, §39B-1-123, §39B-2-101, §39B-2-102, §39B-2-103, §39B-2-104, §39B-2-105, §39B-2-106, §39B-2-107, §39B-2-108, §39B-2-109, §39B-2-110, §39B-2-111, §39B-2-112, §39B-2-113, §39B-2-114, §39B-2-115, §39B-2-116, §39B-2-117, §39B-3-101 §39B-3-102, §39B-4-101, §39B-4-102, and §39B-4-103; and to amend and reenact §44A-3-3 of said code, all relating to repealing the Uniform Durable Power of Attorney Act; enactment of the Uniform Power of Attorney Act; providing a short title; providing definitions; setting forth the applicability of the act; providing that the power of attorney is durable; providing for execution, validity and meaning and effect of power of attorney; nominating conservator or guardian and relation of agent to court-appointed fiduciary; providing when power of attorney effective; terminating power of attorney or agent’s authority; providing for coagents and successor agents and their liability; reimbursing and compensating agent, exception; providing for agent’s acceptance of appointment and agent’s duties; exonerating agent in power of attorney, exceptions; providing certain persons judicial relief to construe a power of attorney or review an agent’s conduct; providing for agent’s liability in certain monetary amounts; providing for resignation of agent; accepting and relying upon acknowledged power of attorney and for what a request may be made before accepting the power of attorney; providing for liability for refusing to accept an acknowledged statutory form power of attorney; providing that laws applicable to financial institutions and entities supercede this act; granting specific and general authority under the power of attorney; providing for granting general authority of the agent under a power of attorney which incorporates by reference a subject matter involving real property, tangible personal property, stocks and bonds, commodities and options, financial institutions, operation of an entity or business, insurance and annuities, estates, trusts and other beneficial interests, claims and litigation, personal and family maintenance, benefits from governmental programs or civil or military service, retirement plans, taxes and gifts; providing a statutory form power of attorney form; providing miscellaneous provisions relating to uniformity of application and construction and relating to electronic signatures in the Global and National Commerce Act; providing application of act on existing powers of attorney; and removing provision in the West Virginia Guardianship and Conservatorship Act that a conservator may not revoke or amend a durable power of attorney without approval of the court.

    Referred to the Committee on Interstate Cooperation; 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

    House Concurrent Resolution No. 60--Requesting the West Virginia State Police to name the police barracks located at 5650 Big Otter Highway, WV Route 16, near Ivydale, Clay County, the “Tpr. Hugh D. Swartz Memorial Barracks”.

    Referred to the Committee on Transportation and Infrastructure.

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

    House Concurrent Resolution No. 64--Requesting the Division of Highways to name a stretch of highway on State Route 35 from State Route 152 at Missouri Branch to Tank Hollow, in Wayne County, the “Crum Brothers Memorial Highway”.

    Referred to the Committee on Transportation and Infrastructure.

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

    House Concurrent Resolution No. 65--Requesting the Division of Highways to name a stretch of highway on County Route 41 from the mouth of Sweet Water Branch to Gourd Branch, in Wayne County, West Virginia, The “Perry Brothers Memorial Highway”.

    Referred to the Committee on Transportation and Infrastructure.

Executive Communications

    The Clerk then presented a communication from His Excellency, the Governor, advising that on February 15, 2012, he had approved Enr. Committee Substitute for Senate Bill No. 165.

    The Senate proceeded to the fourth order of business.

    Senator Yost, from the Committee on Labor, submitted the following report, which was received:

    Your Committee on Labor has had under consideration

    Senate Bill No. 36, Relating to disclosure requirements for public construction contracts.

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

    Com. Sub. for Senate Bill No. 36 (originating in the Committee on Labor)--A Bill to amend and reenact §5-22-1 of the Code of West Virginia, 1931, as amended, relating to requiring the disclosure of subcontractors providing over a certain monetary amount of services within one business day of the close of bids for public construction contracts.

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

                             Respectfully submitted,

                               Jack Yost,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 36), under the original double committee reference, was then referred to the Committee on the Judiciary.

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

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 111, Establishing minimum number of State Police troopers; salary increase.

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

    Com. Sub. for Senate Bill No. 111 (originating in the Committee on Government Organization)--A Bill to amend and reenact §15-2-3 and §15-2-5 of the Code of West Virginia, 1931, as amended, all relating to State Police staffing; increasing certain supplemental pay; and hiring and maintaining a minimum number of state troopers.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 111), under the original double committee reference, was then referred to the Committee on Finance.

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Senate Bill No. 137, Requiring certain lottery funds be used for public works projects.

    With an amendment from the Committee on the Judiciary pending;

    And reports the same back with the recommendation that it do pass as amended by the Committee on the Judiciary to which the bill was first referred.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

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

    Your Committee on Natural Resources has had under consideration

    Senate Bill No. 207, Extending moratorium on timber severance and business privilege tax.

    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,

                               William R. Laird IV,

                                 Chair.

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

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

    Your Committee on Government Organization has had under consideration

    Com. Sub. for Senate Bill No. 330 (originating in the Committee on Banking and Insurance), Relating to licensure of insurance adjusters.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 330 (originating in the Committee on Government Organization)--A Bill to amend and reenact §33-12B-1 and §33-12B-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §33-12B-4a, all relating to insurance and licensure of adjusters; adding a definition of “automated claims adjudication system”; exemptions for certain individuals from adjuster licensure in this state; and adjuster licensing of residents of Canada in this state.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

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

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 336, Eliminating mortgage lender license exemption available to bank subsidiaries.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

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

    Your Committee on Government Organization has had under consideration

    Com. Sub. for Senate Bill No. 341 (originating in the Committee on Health and Human Resources), Creating Restroom Access Act.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 341 (originating in the Committee on Government Organization)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-44-1, §16-44-2, §16-44-3, §16-44-4 and §16-44-5, all relating to creating the Restroom Access Act; requiring access to employee-only restrooms by individuals with certain medical conditions who present a valid medical alert restroom access card under specified circumstances; limiting liability to the establishment; and providing criminal penalty for violation.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

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

    Your Committee on the Judiciary has had under consideration

    Senate Bill No. 353, Exempting Concealed Carry Permit holders from National Instant Criminal Background Check System when purchasing firearm.

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

    Com. Sub. for Senate Bill No. 353 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §61-7-2, §61-7-4 and §61-7-7 of the Code of West Virginia, 1931, as amended, all relating to possession of firearms generally; clarifying what constitutes carrying a handgun concealed in or on a motor vehicle; procedures for obtaining a license to carry a concealed handgun; providing application requirements; requiring investigations of applicants through a national criminal background check system and the West Virginia database; providing definitions; prohibiting certain persons from possessing or receiving firearms; providing exceptions; allowing licenses to be transferable within the state; requiring reporting of new address; and penalties.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

    Your Committee on the Judiciary has had under consideration

    Senate Bill No. 406, Regulating commercial dog-breeding operations.

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

    Com. Sub. for Senate Bill No. 406 (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 §19-20-26, relating to protecting dogs by creating regulations for commercial dog-breeding operations; providing definitions; providing exceptions; allowing commercial breeders to sell dogs only as household pets; requiring a business license if required by the locality; authorizing county commissions to charge a fee to a commercial dog breeder to obtain an annual permit to operate; limiting the amount of the fee which may be charged; providing for the responsibilities of the commercial dog breeder; setting forth the requirements for maintaining adequate housing facilities and primary enclosures; providing for inspections by animal control officers or law-enforcement officers; prohibiting a commercial dog breeder to operate if convicted of animal cruelty; providing for no exemption from these provisions for a facility licensed by the United States Department of Agriculture; and providing criminal penalties.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

    Your Committee on Natural Resources has had under consideration

    Senate Bill No. 407, Relating generally to hunting.

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

                             Respectfully submitted,

                               William R. Laird IV,

                                 Chair.

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

    Senator 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. 475, Increasing number of magistrate court deputy clerks.

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

    Com. Sub. for Senate Bill No. 475 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §50-1-9a of the Code of West Virginia, 1931, as amended, relating to adding additional magistrate court deputy clerks.

    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. 475), 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. 481, Increasing compensation of attorneys appointed in child abuse and neglect proceedings.

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

    Com. Sub. for Senate Bill No. 481 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §29-21-13a of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-6-2 of said code, all relating to the compensation and expenses for attorneys appointed by circuit courts in child abuse and neglect proceedings.

    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. 481), under the original double committee reference, was then referred to the Committee on Finance.

    Senator D. Facemire, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:

    Your Committee on Energy, Industry and Mining has had under consideration

    Senate Bill No. 496, Modifying DEP requirement of greenhouse gas emissions' inventory.

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

                             Respectfully submitted,

                               Douglas E. Facemire,

                                 Chair.

    The bill, under the original double committee reference, was 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. 497, Awarding attorney fees and costs for administrative proceedings under WV Surface Coal Mining and Reclamation Act.

    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. 507, Relating to legal rights of mentally ill, specifically, inability of children to refuse commitment and ability of adults determined to have been mentally ill to regain right to possess firearms.

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

    Com. Sub. for Senate Bill No. 507 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §27-4-1 and §27-4-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §27-5-4 of said code; and to amend and reenact §61-7A-5 of said code, all relating generally to mental hygiene; authorizing parent or guardian to commit a child without his or her consent when child is under eighteen years of age; clarifying the procedures for previously involuntarily committed persons petitioning to regain the right to possess firearms to enable West Virginia to be eligible for federal funding; and stylistic changes.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 524, Requiring annual Controlled Substance Monitoring Program database search by prescriptive authorities.

    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,

                               Herb Snyder,

                                 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 Government Organization pending.

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

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 536, Authorizing Auditor's land department accept credit card payments.

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

    Com. Sub. for Senate Bill No. 536 (originating in the Committee on Government Organization)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11A-3-36a, relating to payment of amounts due to the land department of the Auditor’s office; permitting payments to be paid by credit, debit or charge card; and authorizing a fee to be assessed for the use of a credit, debit or charge card as a form of payment.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

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

    Your Committee on Natural Resources has had under consideration

    Senate Bill No. 562, Establishing DEP procedure for biological component compliance of narrative water quality standard.

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

    Com. Sub. for Senate Bill No. 562 (originating in the Committee on Natural Resources)--A Bill to amend and reenact §22-11-7b of the Code of West Virginia, 1931, as amended, relating to establishing a public policy for narrative water quality standards; establishing a procedure to determine compliance with the biologic component of the narrative water quality standard; and clarifying rule-making authority.

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

                             Respectfully submitted,

                               William R. Laird IV,                                 Chair.

    The bill (Com. Sub. for S. B. No. 562), under the original double committee reference, was then referred to the Committee on the Judiciary.

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

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 563, Clarifying Office of Technology's responsibility prior to transfer or disposal of certain equipment.

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

    Com. Sub. for Senate Bill No. 563 (originating in the Committee on Government Organization)--A Bill to amend and reenact §5A-6-4 of the Code of West Virginia, 1931, as amended, relating to clarifying that the Chief Technology Officer is responsible for the cleansing of information technology equipment prior to retirement or transfer.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

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

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 564, Creating Aviation Fund and Fleet Management Office Fund.

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

    Com. Sub. for Senate Bill No. 564 (originating in the Committee on Government Organization)--A Bill to amend and reenact §5A-3-52 of the Code of West Virginia, 1931, as amended, relating to special funds for travel management; creating the Aviation Fund and the Fleet Management Office Fund; providing the moneys in these funds do not expire; providing the funds are to be used for aviation and fleet management purposes; and requiring costs and expenses will be borne by the agency or department using the aviation or fleet services.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 564), under the original double committee reference, was then referred to the Committee on Finance.

    Senator D. Facemire, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:

    Your Committee on Energy, Industry and Mining has had under consideration

    Senate Bill No. 579, Increasing special reclamation tax on clean coal mined.

    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,

                               Douglas E. Facemire,

                                 Chair.

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

    The Senate proceeded to the sixth order of business.

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

    By Senators Browning, Kessler (Mr. President) and Klempa:

    Senate Bill No. 608--A Bill to amend and reenact §17C-5-4 of the Code of West Virginia, 1931, as amended, relating to driving under the influence; authorizing search warrant for blood draw; and penalties.

    Referred to the Committee on the Judiciary.

    By Senators Unger, Minard, D. Facemire, Stollings, Klempa and Foster:

    Senate Bill No. 609--A Bill to amend and reenact §8-18-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §17-2A-8d, all relating to municipal corporations; roads and highways; establishing a complete streets policy; defining terms; authorizing municipal governing bodies to implement a complete streets policy; adding implementation of a complete streets policy to the duties of the West Virginia Commissioner of Highways; and requiring a review of policy by the commissioner and governing bodies of municipalities.

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

    By Senators Barnes, Hall and Sypolt:

    Senate Bill No. 610--A Bill to amend and reenact §18-2E-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §18-5-17 of said code; to amend and reenact §18-5A-5 of said code; to amend said code by adding thereto a new article, designated §18-5D-1, §18-5D-2, §18-5D-3, §18-5D-4, §18-5D-5, §18-5D-6, §18-5D-7, §18-5D-8, §18-5D-9, §18-5D-10, §18-5D-11, §18-5D-12, §18-5D-13, §18-5D-14, §18-5D-15, §18-5D-16 and §18-5D-17; to amend said code by adding thereto a new article, designated §18-5E-1, §18-5E-2 and §18-5E-3; to amend and reenact §18-7A-3 of said code; to amend and reenact §18A-2-1, §18A-2-12 and §18A-2-12a of said code; to amend and reenact §18A-3-1a of said code; to amend said code by adding thereto three new sections, designated §18A-4-2c, §18A-4-3a and §18A-4-3b; and to amend and reenact §18A-4-5a and §18A-4-7a of said code, all relating to the improvement of schools and school districts; requiring electronic county and school strategic improvement plans to plan for early warnings and interventions; requiring electronic county and school strategic improvement plans to report on the level of performance as relates to the high-quality education standards and efficiency standards; revising high-quality education standards; revising graduation standards used to determine adequate yearly progress under the No Child Left Behind Act; requiring state annual performance measures to account for growth over the previous year; revising extraordinary circumstances that may warrant a school being given a low-performing accreditation status; narrowing deadlines for improvement of low performance in schools; authorizing the district-wide transfer of principals in school systems on nonapproved status; revising school system approval criteria for schools given temporary and conditional status; requiring the revision of electronic county strategic improvement plans to reach full approval status; establishing the Education Opportunity Zone 180 program; requiring comprehensive health screening for students entering public school for the first time in this state, students entering third grade, students entering sixth grade and students entering ninth grade; defining terms; limiting developmental screening; selecting faculty senate members of the hiring committee; empowering faculty senates to establish a process for faculty members to interview new paraprofessional employees at the school; creating Charter Innovation Zone 2.0 Schools; defining terms; establishing legislative findings and purpose; providing that Charter Innovation Zone 2.0 Schools are part of the public education system; precluding the state board from capping the number of schools; providing that provisions should be liberally construed; establishing autonomy factors; providing application contents, submission, review and approval process; authorizing memorandums of agreement and charters; providing for the renewal, revocation and termination of schools; creating the Charter Innovation Zone 2.0 Schools Commission; establishing powers and duties; requiring reports; establishing review factors; providing for site-based governance councils and membership; requiring county board to serve as fiscal agent for school; allowing site-based governance council to establish staff selection committee in collaboration with county board; providing for admissions and enrollment criteria for schools; establishing lottery requirements for admission to school; providing for credit transfers; requiring school district to provide information regarding school; requiring monitoring of schools; establishing funding requirements; authorizing the receipt of grants and other moneys; requiring the reporting of grants and other moneys; requiring a study of funding of schools; establishing transportation requirements; providing for facilities; requiring notice to the county board upon move or termination of the school; requiring a facilities plan; providing for maintenance agreements; authorizing rules and emergency rules; authorizing virtual Charter Innovation Zone 2.0 Schools; permitting students to participate in extracurricular activities; establishing purpose; authorizing waiver of statutes and rules requiring certain committees; authorizing the creation of collaborative teams in place of certain committees; creating application and approval process for waiver; providing for certain votes; authorizing rulemaking; establishing additional compensation for professional school personnel; providing the opportunity for hiring committees to interview school personnel candidates; evaluation of professional personnel in the public schools; requiring annual evaluations; establishing effective dates; providing for alternative principal and teacher certification; authorizing alternative principal and teacher certification programs; providing for alternative instructional requirements; providing eligibility standards for principals; authorizing alternative programs by approved education providers; setting forth certain requirements for training and induction; authorizing rules; authorizing additional compensation for professional school personnel; establishing findings; requiring a salary supplement for teachers, principals and assistant principals employed in a school with a student population that is high poverty or high minority; requiring a salary supplement for classroom teachers employed in a school with a student population that is high poverty or high minority and who teach in a documented area of shortage; defining terms; requiring a monetary incentive for meeting goals for student growth during the previous school year; requiring uniformity; authorizing additional monetary payments paid from local funds; excluding certain monetary compensation created by this legislation from inclusion for purposes of calculating retirement benefits; authorizing rules; revising criteria when hiring a professional personnel; requiring the consideration of criteria according to equal weighting in certain circumstances; providing for hiring committees; providing for the selection of hiring committee members by the faculty senate; and providing for the opportunity for hiring committees to interview candidates.

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

    By Senators Kessler (Mr. President), Minard, Browning, Stollings, Klempa, Foster and Unger:

    Senate Bill No. 611--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-21-1, §18-21-2, §18-21-3 and §18-21-4, all relating to developing a special community-based pilot demonstration project to help at-risk youth in West Virginia; creating a Community-Based Pilot Demonstration Project to Improve Outcomes for At-Risk Youth in West Virginia; providing legislative findings for Community-Based Pilot Demonstration Project to Improve Outcomes for At-Risk Youth; and requiring the Secretary of the West Virginia Department of Health and Human Resources to select a community-based organization to establish a Community-Based Pilot Demonstration Project to Improve Outcomes for At-Risk Youth, goals of the pilot project and operation of the pilot project.

    Referred to the Committee on the Judiciary.

    By Senator Chafin:

    Senate Bill No. 612--A Bill to amend and reenact §55-7-6 of the Code of West Virginia, 1931, as amended, relating to the distribution of damage awards in wrongful death actions; removing those who would be equitably entitled to share in the distribution; and notice to heirs of distribution hearing.

    Referred to the Committee on the Judiciary.

    By Senator Beach:

    Senate Bill No. 613--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17A-6D-16, relating to motor vehicle administration; daily passenger rental car business; and allowing rental vehicle contracts to include a vehicle licensing cost recovery fee.

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

    By Senator Jenkins:

    Senate Bill No. 614--A Bill to amend and reenact §33-6A-1 of the Code of West Virginia, 1931, as amended, relating to automobile liability insurance policies; cancellation prohibited except for specified reasons; and providing for nonrenewal for failure of consideration.

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

    By Senators Kirkendoll, Hall, Wells and Stollings:

    Senate Bill No. 615--A Bill to amend and reenact §22-11-6 of the Code of West Virginia, 1931, as amended, relating to making West Virginia's Water Pollution Control Act consistent with the federal Water Pollution Control Act, also known as the Clean Water Act, by clarifying that compliance with the effluent limits contained in a National Pollution Discharge Elimination System permit is deemed compliant with West Virginia's Water Pollution Control Act.

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

    By Senators Stollings and Foster:

    Senate Bill No. 616--A Bill to repeal §30-23-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-23-2, §30-23-4, §30-23-5, §30-23-6, §30-23-7, §30-23-10, §30-23-11, §30-23-12, §30-23-14, §30-23-15, §30-23-16, §30-23-17, §30-23-18, §30-23-19, §30-23-22, §30-23-23, §30-23-24, §30-23-25, §30-23-26 and §30-23-27 of said code; and to amend said code by adding thereto two new sections, designated §30-23-18a and §30-23-18b, all relating to radiologic technologists; defining the practice of “medical imaging” and “radiation therapy”; defining additional terms; renaming the Medical Imaging and Radiation Therapy Technology Board of Examiners the West Virginia Medical Imaging and Radiation Therapy Technology Board; setting out the powers and duties of the board; establishing rulemaking; setting out requirements for radiologic technology license and exemptions; establishing the scope of practice for a radiologic technologist; establishing the scope of practice for a radiation therapist; setting out the requirements for temporary medical imaging and radiation therapy technology license; setting out requirements regarding license from another state and license to practice in this state; providing requirements for nuclear medicine technologist license and scope of practice; providing for requirements for magnetic resonance imaging technologist license and scope of practice; setting out requirements for sonographer license and scope of practice; setting out requirements for an apprentice license for nuclear medicine technologists, magnetic resonance imaging technologists and diagnostic medical sonographer; setting out requirements for podiatric medical assistant permit and scope of practice; establishing license and permit renewal requirements; setting out display of license requirements; clarifying complaint, investigation, due process procedure and grounds for disciplinary action; clarifying procedures for hearing, right of appeal and judicial review; setting forth injunction procedure; and clarifying criminal proceedings and misdemeanor penalties.

    Referred to the Committee on Government Organization.

    By Senators Klempa and Yost:

    Senate Bill No. 617--A Bill to amend and reenact §29-3-3 of the Code of West Virginia, 1931, as amended, relating to adding an electrician and a sprinkler fitter to the State Fire Commission.

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

    By Senators Snyder, Beach and Browning:

    Senate Bill No. 618--A Bill to amend and reenact §8-10-2a and §8-10-2b of the Code of West Virginia, 1931, as amended; and to amend and reenact §50-3-2a of said code, all relating to failure to pay costs, fines, forfeitures or penalties imposed when charged with a motor vehicle or criminal violation; and requiring municipal courts and magistrate courts to wait at least eighty days from the date the person is charged with a motor vehicle violation before notifying the Division of Motor Vehicles of that person’s failure to pay or failure to appear.

    Referred to the Committee on the Judiciary.

    By Senators Prezioso and Minard:

    Senate Bill No. 619--A Bill to amend and reenact §59-1-2a of the Code of West Virginia, 1931, as amended, relating to annual business fees paid to the Secretary of State; clarifying that limited liability companies, foreign limited liability companies and foreign corporations are required to file annual reports; eliminating criminal penalties; changing a $100 penalty to a $50 late fee for delinquent annual reports; providing a $25 late fee for delinquent annual reports for nonprofit corporations; requiring the Secretary of State to deposit all late fees collected in its general administrative fees account; authorizing the Secretary of State to charge a fee for online purchases of data or conducting transactions online; and authorizing rulemaking.

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

    By Senators D. Facemire, Snyder and Minard:

    Senate Bill No. 620--A Bill to amend and reenact §7-22-9 of the Code of West Virginia, 1931, as amended, relating to permitting the Harrison County commission to levy a special district excise tax.

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

    By Senator Unger:

    Senate Bill No. 621--A Bill to amend and reenact §8A-5-6 and §8A-5-7 of the Code of West Virginia, 1931, as amended, all relating to the approval of major subdivisions by planning commissions.

    Referred to the Committee on Government Organization.

    Senators Green, Beach and Browning offered the following resolution:

    Senate Concurrent Resolution No. 41--Requesting the Division of Highways to name the East Beckley bypass bridge on U. S. Route 19 over Cranberry Creek, in Raleigh County, bridge number 41-19-14.47, the “Fire Captain Fred Burroughs Memorial Bridge”.

    Whereas, Fred Burroughs, also known as Frederick Allen Burroughs, was born on December 21, 1955, the youngest of five children born to Martin (“Mike”) Burroughs, Sr., and Betty Burroughs; and

    Whereas, Fred Burroughs graduated from Shady Spring High School in 1974, was a standout football and basketball player and was inducted into Shady’s football Hall of Fame in 1995; and

    Whereas, Fred Burroughs, at the age of seventeen, became a volunteer firefighter and spent thirty-three years serving with the Ghent Volunteer Fire Department in various capacities, including as a fire chief, assistant chief, and at the time of his death as a captain and a member of the board of directors; and

    Whereas, Fred Burroughs was married to his soul mate, Hazel, since May 14, 1982, and both were blessed to have a son, Christopher Allen, and a daughter, Lindsay Pauline, who were only nineteen and twelve years old respectively at the time of his death; and

    Whereas, Fred Burroughs was proud to have been selected to officiate six West Virginia State High School basketball tournaments and, in 2003, was selected as the WV Basketball Official of the Year; and

    Whereas, Fred Burroughs at the time of his death was an inspector for the Beckley/Raleigh County Code Enforcement Department; and

    Whereas, Fred Burroughs, on January 30, 2007, after a call for an inspection at Flat Top Lake, stopped in the Little General Store and was advised by the staff of a propane leak; and

    Whereas, Fred Burroughs instructed the workers to close the store immediately and gave instructions for the parking lot to be evacuated and for no customers to be allowed on the parking lot; and

    Whereas, Fred Burroughs had gone to the rear of the store to determine the cause of the leak when the store exploded, killing him instantly, as well as killing another emergency responder and two propane technicians that day and injuring others; and

    Whereas, Fred Burroughs was instrumental in saving people from harm that fateful day, and his ultimate sacrifice left a tremendous void in the lives of his wife, children, mother, other family members, friends, coworkers and fellow firefighters that can never be filled; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Division of Highways to name the East Beckley bypass bridge on U. S. Route 19 over Cranberry Creek, in Raleigh County, bridge number 41-19-14.47, the “Fire Captain Fred Burroughs Memorial Bridge”; and, be it

    Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “Fire Captain Fred Burroughs 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 family of Frederick Allen Burroughs.

    Which, under the rules, lies over one day.

    Senators Sypolt, Barnes, Hall, Boley, Nohe, K. Facemyer, Green, Jenkins, Klempa and Prezioso offered the following resolution:

    Senate Concurrent Resolution No. 42--Applying to the Congress of the United States to call a convention pursuant to Article V of the United States Constitution for the limited purpose to propose a Balanced Budget Amendment.

    Whereas, The Legislature of the State of West Virginia hereby applies to Congress, under the provisions of Article V of the Constitution of the United States, for the calling of a convention of the states limited to proposing an amendment to the Constitution of the United States requiring that in the absence of a national emergency the total of all federal appropriations made by the Congress for any fiscal year may not exceed the total of all estimated federal revenues for that fiscal year; and

    Whereas, This application is to be considered as covering the same subject matter as the presently outstanding balanced budget applications from other states, including, but not limited to, previously-adopted applications from Alabama, Alaska, Arkansas, Colorado, Delaware, Florida, Indiana, Iowa, Kansas, Maryland, Mississippi, Missouri, Nebraska, New Mexico, North Carolina, Pennsylvania and Texas; and this application shall be aggregated with same for the purpose of attaining the two-thirds of states necessary to require the calling of a convention, but shall not be aggregated with any applications on any other subject; and

    Whereas, This application constitutes a continuing application in accordance with Article V of the Constitution of the United States until the legislatures of at least two-thirds of the several states have made applications on the same subject. It supersedes all previous applications by this Legislature on the same subject;

therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby applies to the Congress of the Unites States to call a convention pursuant to Article V of the United States Constitution for the limited purpose to propose a Balanced Budget Amendment; and, be it

    Further Resolved, That the State of West Virginia hereby applies and makes application to the Congress of the United States to call an amendment convention pursuant to Article V of the United States Constitution for the limited purpose of proposing a Balanced Budget Amendment; and, be it

    Further Resolved, That the Clerk of the Senate transmit copies of this resolution to the Speaker of the United States House of Representatives, the President of the United States Senate and the members of the West Virginia Congressional Delegation so that they may be apprised of the sense of the West Virginia Senate in this matter, and also to transmit copies hereof to the presiding officers of each of the legislative houses in the several states, requesting their cooperation.

    Which, under the rules, lies over one day.

    Senators Palumbo, Kessler (Mr. President), Minard, Browning, Prezioso, Stollings, Klempa, Foster and Unger offered the following resolution:

    Senate Resolution No. 30--Designating Thursday, February 16, 2012, as “Generation West Virginia Day” at the Legislature.

    Whereas, Generation West Virginia is the statewide movement committed to cultivating and engaging young talent, those 21 to 45; and

    Whereas, The future of West Virginia relies heavily on the retention, recruitment, and advancement of young talent to ensure that our intellectual capital base is strong for the future success of our state’s economy, communities and intellectual infrastructure; and

    Whereas, This collaborative and dynamic group of young talent within Generation West Virginia is creating an outstanding positive image within our state and on the national level by serving as a model for promoting young leaders and making our state a destination for young talent; and

    Whereas, Generation West Virginia is an innovative, results-oriented, and dedicated organization that represents young talent from all walks of life, careers, communities who are committed to a positive and strong present and future for our great state; and

    Whereas, Those 21 to 45 years of age in West Virginia include more than 600,000 of our state’s population and represent our state’s future base of workers, dreamers, innovators, educators, entrepreneurs, leaders and most importantly our hope for a successful future; and

    Whereas, These young leaders are not just the future of our state, but the rising leaders of today who are making it possible for West Virginia to compete successfully with the world; and

    Whereas, By working to make our state attractive for young talent, steps are being taken to encourage a “brain gain” for West Virginia that will build a strong future for our state to become a global leader; and

    Whereas, The Senate recognizes the importance of this growing movement and will listen and collaborate with its leadership and regional organizations to develop positive solutions and opportunities to create an abundance of prosperity in our state; therefore, be it

    Resolved by the Senate:

    That the Senate hereby designates Thursday, February 16, 2012, as “Generation West Virginia Day” at the Legislature; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the representatives of Generation West Virginia.

    At the request of Senator McCabe, 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 Palumbo, Foster, McCabe, Wells, Kessler (Mr. President), Minard and Stollings offered the following resolution:

    Senate Resolution No. 31--Recognizing Ryan Switzer of George Washington High School for his outstanding athletic achievements.

    Whereas, Ryan Switzer was the near-unanimous winner of the 2011 Kennedy Award given to the state’s top high school football player; and

    Whereas, Ryan Switzer became just the eighth Junior to win the Kennedy Award; and

    Whereas, Ryan Switzer led his team as a Junior to the 2011 AAA state championship by tallying 2,796 rushing yards, 159 receiving yards, and 139 return yards; and

    Whereas, Ryan Switzer scored 40 touchdowns in 2011, including 2 receiving touchdowns, 1 punt return for a touchdown and two interceptions for touchdowns; and

    Whereas, Ryan Switzer excelled in all aspects of the game, making 41 tackles, 4 interceptions, 1 forced fumble, and ably fulfilling the punting and kickoff duties; and

    Whereas, Ryan Switzer has lead his class at George Washington to an overall record of 34-6 through three seasons of varsity football, as well as serving as the starting point guard as a Sophomore on the George Washington 2010-2011 AAA state basketball championship team and winning two state track championships as a Freshman; and

    Whereas, Ryan Switzer has also been recognized as an ESPN Top 150 recruit, the Gatorade state Player of the Year, and named as ESPN’s East Region Player of the Week after he ran for 328 yards and six touchdowns, in addition to a 51-yard punt return for a touchdown against Parkersburg High School on November 4, 2011; and

    Whereas, Ryan Switzer’s hard work and determination carries over into the classroom where he maintains a 3.8 GPA to go along with his 5,145 total yards and 60 touchdowns in three years of varsity football at George Washington; and

    Whereas, Ryan Switzer’s leadership and hard work embodies what it means to be a West Virginian; therefore, be it

    Resolved by the Senate:

    That the Senate hereby recognizes Ryan Switzer of George Washington High School for his outstanding athletic achievements; and, be it

    Further Resolved, That the Senate extends its best wishes to Ryan Switzer on a bright future ahead, as he entertains recruiting offers from top schools, including West Virginia University, Marshall University and many others; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Ryan Switzer.

    At the request of Senator Palumbo, 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.

Petitions

    Senator Williams presented a petition from Karen Eskew and numerous West Virginia residents, supporting Committee Substitute for Senate Bill No. 421 (Creating Captive Cervid Farming Act).

    Referred to the Committee on Agriculture.

    The Senate proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 28, Requesting Secretary of Administration maintain historical display of Capitol construction.

    On unfinished business, coming up in regular order, was reported by the Clerk.

    The question being on the adoption of the resolution, the same was put and prevailed.

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

    Senate Concurrent Resolution No. 38, Requesting Joint Committee on Judiciary study Uniform Common Interest Ownership Act.

    On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Interstate Cooperation; and then to the Committee on Rules.

    Senate Concurrent Resolution No. 39, Requesting DOH name bridge in Berkeley County "Dr. Max O. and Evelyn S. Oates Memorial Bridge".

    On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.

    Senate Concurrent Resolution No. 40, Requesting DOH name bridge in Wayne County "George William Brumfield Memorial Bridge".

    On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.

    The Senate proceeded to the eighth order of business.

    Eng. Senate Bill No. 214, Clarifying sunrise review requirement for establishment, revision or expansion of professional scope of practice.

    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, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Fanning--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 214) 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.

    Com. Sub. for Senate Bill No. 373, Providing State Police collect fee for advanced training.

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

    Senate Bill No. 410, Requiring backup withholding for certain gambling prizes.

    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. 421, Creating Captive Cervid Farming Act.

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

    Senate Bill No. 428, Relating to motor vehicle registration of governmental 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. 471, Authorizing Supreme Court establish mental hygiene commissioners' compensation.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 477, Limiting possession of wild and exotic animals.

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

    Senate Bill No. 493, Exempting certain unmarked law-enforcement vehicles from sun-screening restrictions.

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

    Senate Bill No. 499, Clarifying PEIA is not "insurer" or engaged in "business of insurance".

    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. 527, Relating to general livestock trespass law.

    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 Com. Sub. for Senate Bill No. 73, Regulating tanning facilities.

    Senate Bill No. 204, Relating to removal of vehicles from highway in emergency situations.

    Senate Bill No. 205, Relating to construction zone signage.

    Com. Sub. for Senate Bill No. 457, Continuing Rural Health Initiative; other provisions.

    Com. Sub. for Senate Bill No. 510, Amending election canvass and recount procedures.

    Com. Sub. for Senate Bill No. 518, Prohibiting certain persons from holding elected or appointed office.

    Senate Bill No. 540, Relating to subdivision land development plans or plats.

    And,

    Senate Bill No. 554, Relating to write-in voting when using electronic voting systems.

    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 Senators Kirkendoll, Barnes and Plymale.

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

    At the request of Senator Hall, unanimous consent being granted, the remarks by Senator Barnes were ordered printed in the Appendix to the Journal.

    At the request of Senator Browning, and by unanimous consent, the remarks by Senator Plymale were ordered printed in the Appendix to the Journal.

    The Senate proceeded to the thirteenth order of business.

    At the request of Senator Yost, the name of Senator Yost was removed as a sponsor of Senate Bill No. 528 (Creating Scrap Metal Theft Prevention Act).

    On motion of Senator Unger, a leave of absence for the day was granted Senator Fanning.

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Friday, February 17, 2012, at 11 a.m.

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