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Senate Journal


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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2012

FORTY-SECOND DAY

____________

Charleston, W. Va., Tuesday, February 21, 2012

    The Senate met at 11 a.m.

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

    Prayer was offered by Pastor David Trauffer, First Church of the Nazarene, South Charleston, West Virginia.

    Pending the reading of the Journal of Monday, February 20, 2012,

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

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

    The Senate then proceeded to the third order of business.

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

    Eng. Com. Sub. for House Bill No. 3174--A Bill to amend and reenact §11-16-3 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11-16-11a; to amend said code by adding thereto a new section, designated §60-3A-3a; and to amend and reenact §60-3A-4 of said code, all relating to allowing Class A retail licensees the ability to conduct responsible nonintoxicating beer and liquor sampling events; requiring preapproval of the events by the ABCA commissioner; establishing standards, limitations, and prohibitions to be applied for the conduct of such events; definitions; incorporating civil penalties for violations by reference; criminal penalties for violations by reference; providing for emergency rules and defining terms.

    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. House Bill No. 4119--A Bill to amend and reenact §18-1-1 of the Code of West Virginia, 1931, as amended, relating to providing definition of athletic director employed in the public schools; and responsibilities.

    Referred to the Committee on Education.

    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. 4142--A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Administration; 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 certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register and as amended by the Legislature; authorizing the Department of Administration to promulgate a legislative rule relating to certification for small, women and minority-owned businesses; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Public Employees Retirement System; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to refund, reinstatement, retroactive service, loan and employer error interest factors; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the West Virginia State Police; authorizing the Division of Personnel to promulgate a legislative rule relating to the administration of the Division; and authorizing the Division of Personnel to promulgate a legislative rule relating to Workers’ Compensation temporary total disability.

    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. 4245--A Bill to amend and reenact §17C-15-23 and §17c-15-44 of the Code of West Virginia, 1931, as amended, all relating to motorcycle safety equipment; permitting permit certain auxiliary lighting on motorcycles; and removing reference to federal helmet safety standard.

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

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

    Eng. Com. Sub. for House Bill No. 4433--A Bill to amend and reenact §18-2-34 of the Code of West Virginia, 1931, as amended, relating to modifying the criteria for awarding high school diplomas to certain veterans.

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

Executive Communications

    The Clerk then presented a communication from His Excellency, the Governor, advising that on February 20, 2012, he had approved Enr. Senate Bill No. 469.

    The Senate proceeded to the fourth order of business.

    Senator Tucker, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:

    Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 20th day of February, 2012, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:

    (S. B. No. 209), Updating terms in Personal Income Tax Act.

    (S. B. No. 210), Updating terms in Corporation Net Income Tax Act.

    (Com. Sub. for H. B. No. 4107), Relating to volunteer firefighter training.

    And,

    (H. B. 4291), Relating to county law libraries established by the Supreme Court of Appeals.

                             Respectfully submitted,

                               Gregory A. Tucker,

                                 Chair, Senate Committee.

                               Meshea L. Poore,

                                 Chair, House Committee.

    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. 337, Relating to powers and duties of Commissioner of Banking.

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    On motion of Senator Prezioso, the bill (S. B. No. 337) contained in the foregoing report from the Committee on Finance was 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. 342, Creating Public Safety and Offender Accountability Act.

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

    Com. Sub. for Senate Bill No. 342 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §25-1-1a of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §25-1-23; to amend and reenact §28-5-27 of said code; to amend said code by adding thereto a new section, designated §51-1-24; to amend said code by adding thereto a new section, designated §60A-1-102; to amend and reenact §60A-4-401 and §60A-4-407 of said code; to amend and reenact §62-1-5a of said code; to amend and reenact §62-1C-3 of said code; to amend said code by adding thereto a new section, designated §62-11C-3a; to amend said code by adding thereto four new sections, designated §62-12-1a, §62-12-5a, §62-12-29 and §62-12-30; to amend and reenact §62-12-18 of said code; and to amend said code by adding thereto a new section, designated §62-13-1, all relating to the criminal justice system generally; identifying the primary objective for both the Division of Corrections and sentencing policy as maintaining public safety, holding offenders accountable and maintaining the lowest possible recidivism rate; creating an intensive secured substance abuse recovery program; providing additional good-time credit for successful completion of education or treatment programs; providing additional good-time credit for exceptionally meritorious service; amending the Uniform Controlled Substances Act; permitting deferred prosecution sentence in circuit courts for first- and second-time simple possession offenders; requiring a law-enforcement officer to issue a citation instead of making an arrest for misdemeanor offenses with certain exceptions; prohibiting bail amounts for misdemeanors to exceed the fines and fees of the highest offense charged and exception thereto; requesting courts and requiring corrections authorities incorporate risk and needs assessment information into the decision-making process; requiring state expenditures on supervision and intervention programs for pretrial defendants, inmates and those on parole and probation to be spent on programs that are evidence based; requiring offenders to be supervised using practices proven to reduce or otherwise maintain low recidivism rates; requiring the use of administrative caseloads for low-risk offenders; requiring six months of mandatory supervision for offenders who would otherwise be discharged without supervision at the end of their sentences at the instance of the Commissioner of Corrections; authorizing the Division of Corrections to allow offenders to complete required programming in the community and be monitored; increasing accountability for probation and parole violations by authorizing imposition of administrative, graduated sanctions for parole and probation violators; and creating two pilot projects that require frequent drug testing with immediate sanctions for positive drug tests or other violations and referral to treatment if necessary.

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

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

    Your Committee on Pensions has had under consideration

    Senate Bill No. 443, Increasing state tax exemption for PERS, TRS and military retirement income.

    And,

    Senate Bill No. 622, Facilitating certain TDCRS payment to certain employer fund.

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

                             Respectfully submitted,

                               Dan Foster,

                                 Chair.

    The bills, under the original double committee references, were 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. 496, Modifying DEP requirement of greenhouse gas emissions' inventory.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    Senator Miller, from the Committee on Agriculture, submitted the following report, which was received:

    Your Committee on Agriculture has had under consideration

    Senate Bill No. 517, Creating Community Gardens Work Release Act of 2012.

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

    Com. Sub. for Senate Bill No. 517 (originating in the Committee on Agriculture)--A Bill to amend and reenact §62-11C-5 of the Code of West Virginia, 1931, as amended, relating to creating community beautification and reclamation programs for state highways, municipal, county and state parks and recreation areas and community gardens through the West Virginia Community Corrections Act.

    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,

                               Ronald F. Miller,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 517), under the original double committee reference, was then referred to the Committee on the Judiciary.

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

    Your Committee on Pensions has had under consideration

    Senate Bill No. 545, Relating to reemployment after retirement from PERS.

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

    Com. Sub. for Senate Bill No. 545 (originating in the Committee on Pensions)--A Bill to amend and reenact §5-10-17, §5-10-19 and §5-10-48 of the Code of West Virginia, 1931, as amended, all relating to reemployment after retirement from the Public Employees Retirement System; employer reporting requirements; authorization for the Legislative Auditor to audit all participating public employers; and directing the Consolidated Public Retirement Board to study efficient and effective ways to improve compliance with the provisions of this section and report to the Legislature.

    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,

                               Dan Foster,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 545), under the original double committee reference, was then referred to the Committee on Finance.

    Senator Minard, 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. 551, Providing limitation exception for certain mortgage modification loans.

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

    Com. Sub. for Senate Bill No. 551 (originating in the Committee on Banking and Insurance)--A Bill to amend and reenact §31-17-8 of the Code of West Virginia, 1931, as amended, relating to prohibitions on primary and subordinate mortgage loans.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Joseph M. Minard,

                                 Chair.

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

    Your Committee on Finance has had under consideration

    Com. Sub. for Senate Bill No. 564 (originating in the Committee on Government Organization), Creating Aviation Fund and Fleet Management Office Fund.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 564 (originating in the Committee on Finance)--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 for committee substitute do pass.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 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. 566, Relating to contracts with nonprofit and charitable entities for inmate work-release and transitional housing; court-ordered direct placement.

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

    Com. Sub. for Senate Bill No. 566 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §25-1-3 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Corrections to contract with nonprofit and charitable entities for the operation of work-release and transitional housing for inmates in the commissioner’s custody; requiring that any facilities which participate meet standards and criteria set by the commissioner; allowing for direct placement of inmates in work-release and transitional housing by order of the circuit court; and providing for certain payment of costs to offset the expenses of the Division of Corrections.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

    Your Committee on Pensions has had under consideration

    Senate Bill No. 575, Repealing code related to prior disability under Emergency Medical Services Retirement System.

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

                             Respectfully submitted,

                               Dan Foster,

                                 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. 577, Adding additional circuit court judge.

    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,

                               Corey Palumbo,

                                 Chair.

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

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

    Your Committee on Pensions has had under consideration

    Senate Bill No. 634, Authorizing certain municipalities impose limited special public safety assessment fee.

    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 Government Organization.

                             Respectfully submitted,

                               Dan Foster,

                                 Chair.

    At the request of Senator Snyder, as chair of the Committee on Government Organization, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Pensions.

    On motion of Senator Foster, the bill (S. B. No. 634) was then referred to the Committee on Finance, with amendments from the Committee on Pensions pending.

    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. 673 (originating in the Committee on Finance)--A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2012, in the amount of $212,859.85 from the Department of Military Affairs and Public Safety - Office of the Secretary, fund 0430, fiscal year 2006, organization 0601, activity 511, and making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Military Affairs and Public Safety - Division of Corrections - Correctional Units, fund 0450, fiscal year 2012, organization 0608, by supplementing and amending the appropriations for the fiscal year ending June 30, 2012.

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

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

    Your Committee on Finance has had under consideration

    Eng. House Bill No. 4087, Continuing the discontinuance of the severance and business privilege tax on the privilege of severing timber.

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

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

    Your Committee on Finance has had under consideration

    Eng. House Bill No. 4415, Authorize a Prince Railroad Station Authority to acquire and maintain the railroad station building.

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    The Senate proceeded to the sixth order of business.

    Senators Tucker, Barnes, Helmick, Stollings and Beach offered the following resolution:

    Senate Concurrent Resolution No. 47--Requesting the Division of Highways to name that portion of WV Route 129 in Nicholas County, from its intersection with U. S. Route 19, northeast to its intersection with WV Route 41 in Mt. Nebo, West Virginia, and that portion of WV Route 41, from its intersection with WV Route 129, north to its intersection with U. S. Route 19 in Nicholas County, as “St. Patrick Boulevard”.

    Whereas, It is fitting that the portions of highway crossing through the community of Mt. Nebo, the home of the annual Mt. Nebo St. Patrick’s Day Parade, be named “St. Patrick Boulevard”; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Division of Highways to name that portion of WV Route 129 in Nicholas County, from its intersection with U. S. Route 19, northeast to its intersection with WV Route 41 in Mt. Nebo, West Virginia, and that portion of WV Route 41, from its intersection with WV Route 129, north to its intersection with U. S. Route 19 in Nicholas County, as “St. Patrick Boulevard”; and, be it

    Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the aforementioned portions of WV Route 129 and WV Route 41 as “St. Patrick Boulevard”; 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.

    Which, under the rules, lies over one day.

    Senator Sypolt offered the following resolution:

    Senate Concurrent Resolution No. 48--Requesting the Joint Committee on Government and Finance study the need for legislation to recoup law-enforcement investigative costs from convicted criminals.

    Whereas, The Legislature of the State of Florida enacted a law in 1987, Florida statute 938.27, previously 939.01, entitled “Judgment for Costs on Conviction,” which permits courts to impose upon convicted criminals the investigative costs incurred by law- enforcement agencies in their prosecution; and

    Whereas, The effect of Florida’s “Judgment for Costs on Conviction” statute has been to lessen the tax payer burden by shifting the financial burden of investigative expenses onto the criminals, in addition to any other fines or court costs that may otherwise be imposed; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study the need for legislation to recoup law- enforcement investigative costs from convicted criminals; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

    Which, under the rules, lies over one day.

    Senators Beach, Prezioso, Williams, Sypolt, McCabe, Kessler (Mr. President), Foster, Browning, Laird, Stollings, Yost, Klempa, Chafin and Tucker offered the following resolution:

    Senate Resolution No. 36--Designating February 21, 2012, as “West Virginia University and West Virginia University Extension Day”.

    Whereas, The United States Congress in 1862, during the Civil War, sought to energize the intellectual resources of the nation by making higher education accessible to the public; and

    Whereas, President Abraham Lincoln supported and signed this legislation 150 years ago because it contained ideals vital to the future of the nation and because it was able to be executed through the allocation of land grants; and

    Whereas, The legislation, known as the Morrill Act, later manifested itself in West Virginia through West Virginia University; and

    Whereas, West Virginia University is the state’s first and largest land-grant university, which is dedicated to serving the citizens of West Virginia; and

    Whereas, The West Virginia University football team’s Orange Bowl win showcased leadership and excellence in sports and brought honor and pride to the entire State of West Virginia; and

    Whereas, The West Virginia University Extension Service, the primary outreach arm of West Virginia University, is the “front porch” of WVU with an office in each of the state’s 55 counties, with trusted research delivered by local Extension agent experts in areas of youth development, agriculture, community development, and families and health; and

    Whereas, The West Virginia University Extension Service, with the help of 6,500 adult volunteers, conducts the 4-H youth development program - the state’s largest youth organization - in which more than 84,600 youths in learning leadership, citizenship and life skills through local groups and camps in their counties and at WVU Jackson’s Mill, site of the nation’s first state 4-H camp; and

    Whereas, West Virginia University Extension Service agents and staff have been knowledgeable, dependable, enthusiastic and effective partners with county commissioners, school administrators, educators, law-enforcement personnel, health providers, miners, farmers, families and civic leaders; therefore, be it

    Resolved by the Senate:

    That the Senate hereby designates February 21, 2012, as “West Virginia University and West Virginia University Extension Day”; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the President of West Virginia University, James P. Clement, and to the West Virginia University Extension Service.

    At the request of Senator Beach, 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 Wills, Miller, Kessler (Mr. President), Foster, Browning, Laird, Stollings, Yost, Klempa and Chafin offered the following resolution:

    Senate Resolution No. 37--Congratulating the Concord University Mountain Lions football team for winning the 2011 WVIAC Championship.

    Whereas, Following an off-season that saw a change in head coach, with Garin Justice taking over, the Mountain Lions began the 2011 campaign with two straight losses, and then bounced back to win three straight games against WVIAC opponents; and

    Whereas, The Mountain Lions stumbled, losing the next game and were faced with the task of winning all its remaining games in order to have a chance at winning the conference; and

    Whereas, The Mountain Lions took off like a rocket ship, winning all four of its remaining games and its first conference title since 1990. In its run to the championship, Concord defeated nationally ranked Shepherd University and West Virginia Wesleyan; and

    Whereas, The Mountain Lions were selected to appear in the NCAA Division Super 11 Region One playoffs for the first time in program history, playing well in the first round match up but falling to its opponent, 17-14; and

    Whereas, Concord University finished the season at 7-4 overall, and 7-1 in the WVIAC; and

    Whereas, The Mountain Lions of Concord University are coached by Concord’s head coach, Garin Justice, who was named WVIAC Coach of the Year; and

    Whereas, The Mountain Lions of Concord University football team consists of: Silas Agyemang, Spenser Jordan, Matt Anderson, Jimmy Keating, Russell Bailey, Brian Kennedy, Rashid Baker, Tyler Kerr, Stephen Baldwin, Jake Lilly, Ray Bell, Andrew Lindner, Justin Bennett, Brandon Link, Tyler Billings, Davon Marion, K C Camp, Aaron Martinez, Corey Campbell, Josh Miller, Mike Carey, Stephen Miller, Darius Carper, Ervin Moore, Bryan Carr, Sean Myers, Micah Carter, Ben Nester, Josh Clark, Cody Parker, Will Cole, Kane Parson, Dequan Coles, Ethan Perry, Josh Cottle, Nate Pollard, Brad Cox, Tre Preston, Colton Cox, Riyahd Richardson, Aaron Dickey, Gary Roach, Carlton Downs, Chris Rodriguez, Evin Dusold, Brandon Rogers, Kevin Elliott, Albert Rose, Keith Ferguson, Gary Saylor, Alex Gibson, Kevin Saylor, Andrew Gondor, Luis Serrano, Will Greathouse, Cody Smith, Joe Greenway, Tyler Smith, Zack Grossi, Nick Spradlin, Adam Gum, Ryan Stewart, Mitch Hairston, Zack Thompson, Garrett Hammett, C J Tullio, Cody Hannah, Kenny Wagstaff, Randall Hawkins, Marcus Walker, Tiko Henderson, Shamel White, Mike Hodeib, Darrick Williams, D J Holmes, Josh Williams, Cameron Jones, Thomas Wise, Howard Jordan,and Josh Young; and

    Whereas, The Mountain Lions displayed their strong will and determination for an entire season and are a shining example of what can be accomplished through teamwork, dedication, and commitment; and

    Whereas, The efforts and remarkable success of Concord University’s football team, its coaches and players, must not go unnoticed; therefore be it

    Resolved by the Senate:

    That the Senate hereby congratulates the Concord University Mountain Lions football team for winning the 2011 WVIAC Championship; and, be it

    Further Resolved That the Clerk is hereby directed to forward a copy of this resolution to the coach and each member of the Concord University Mountain Lions football team.

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

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

    Upon expiration of the recess, the Senate reconvened and, at the request of Senator Unger, and by unanimous consent, returned to the second order of business and the introduction of guests.

    The Senate again proceeded to the sixth order of business.

Petitions

    Senator K. Facemyer presented a petition from Jean Vickers and forty-nine West Virginia residents, opposing Committee Substitute for Senate Bill No. 406 (Regulating commercial dog-breeding operations).

    Referred to the Committee on the Judiciary.

    The Senate proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 44, Requesting DOH name portion of I-79 in Monongalia County "Charles J. Whiston Interchange".

    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. 45, Requesting DOH name bridge in Marion County "Nick Fantasia 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. 46, Urging creation of veteran's court.

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

    House Concurrent Resolution No. 57, The "Pearsall Land Grant Trace".

    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.

    The Senate proceeded to the eighth order of business.

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

    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, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Stollings, Tucker, Unger, Wells, Wills, Yost and Kessler (Mr. President)--30.

    The nays were: Minard, Snyder, Sypolt and Williams--4.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 73) passed with its title.

    Senator Unger moved that the bill take effect July 1, 2013.

    On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Stollings, Tucker, Unger, Wells, Wills, Yost and Kessler (Mr. President)--30.

    The nays were: Minard, Snyder, Sypolt and Williams--4.

    Absent: None.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 73) takes effect July 1, 2013.

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

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

    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: Fanning--1.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 137) passed.

    The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:

    Eng. Senate Bill No. 137--A Bill to amend and reenact §29-22C-27 of the Code of West Virginia, 1931, as amended, relating to use of lottery funds by certain county boards of education.

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

    Eng. Com. Sub. for Com. Sub. for Senate Bill No. 330, Relating to licensure of insurance adjusters.

    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, Fanning, 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)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 330) passed with its title.

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

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

    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, Fanning, 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)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 336) passed with its title.

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

    Eng. Com. Sub. for Com. Sub. for Senate Bill No. 341, Creating Restroom Access Act.

    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, Fanning, 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)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 341) passed with its title.

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

    Eng. Com. Sub. for Senate Bill No. 353, Relating generally to possession of firearms.

    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, Fanning, 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)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 353) passed with its title.

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

    Eng. Senate Bill No. 497, Awarding attorney fees and costs for administrative proceedings under WV Surface Coal Mining and Reclamation Act.

    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, Fanning, 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)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 497) passed with its title.

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

    Eng. Com. Sub. for Senate Bill No. 507, Relating to voluntary and involuntary hospitalization of mentally ill persons.

    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, Fanning, 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)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 507) passed with its title.

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

    Eng. Com. Sub. for Senate Bill No. 536, Authorizing Auditor's land department accept credit, debit or charge card payments.

    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, Fanning, 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)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 536) passed with its title.

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

    Eng. Com. Sub. for Senate Bill No. 563, Clarifying Chief Technology Officer's responsibility prior to transfer or retirement of certain equipment.

    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, Fanning, 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)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 563) 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. 12, Authorizing operation of low-speed vehicles in municipalities.

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

    Senate Bill No. 113, Observing week in which December 7 falls as Pearl Harbor and Military Appreciation week.

    On second reading, coming up in regular order, was reported by the Clerk.

    At the request of Senator Palumbo, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.

    Com. Sub. for Senate Bill No. 145, Allowing certain higher education students opt out of institutional insurance coverage.

    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. 185, Relating to Employee Suggestion Award Program.

    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. 369, Permitting Deputy Sheriff Retirement System retirants to modify benefit options upon divorce.

    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. 371, Providing school system under declared state of emergency participate as innovation zone pilot project.

    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. 406, Regulating commercial dog-breeding operations.

    On second reading, coming up in regular order, was read a second time.

    On motion of Senator K. Facemyer, the following amendment to the bill was reported by the Clerk and adopted:

    On page three, section twenty-six, line fourteen, by striking out the words “hunting, tracking and” and inserting in lieu thereof the words “herding or guarding livestock or farm animals, hunting, tracking or”.

    On motion of Senator K. Facemyer, the following amendment to the bill (Com. Sub. for S. B. No. 406) was next reported by the Clerk and adopted:

    On page five, section twenty-six, lines fifty-six and fifty-seven, by striking out the words “only if the dog is between the age of eighteen months and eight years and”.

    The bill (Com. Sub. for S. B. No. 406), as amended, was then ordered to engrossment and third reading.

    Com. Sub. for Senate Bill No. 468, Allowing Courthouse Facilities Improvement Authority issue bonds.

    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. 478, Creating apprentice hunting and trapping license.

    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. 526, Relating to dedication of proceeds from county excise tax on transfer of real property.

    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. 555, Providing contractor exception to sales and use tax exemption for certain nonprofit youth organization.

    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. 568, Relating to college and career readiness initiative.

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

    Senate Bill No. 603, Establishing entity for operation of morale, welfare and recreation military facilities.

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

    The Senate proceeded to the tenth order of business.

    Com. Sub. for Com. Sub. for Senate Bill No. 501, Requiring health insurance coverage of certain hearing aids.

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

    Senate Bill No. 544, Extending expiration date for certain diesel-powered motor vehicle idling restrictions.

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

    The Senate proceeded to the thirteenth order of business.

    Senator Unger called attention to today being the birthday of the senator from Wayne and on behalf of the Senate extended felicitations and good wishes to Senator Plymale, with Senator Klempa leading the members in singing "Happy Birthday".

    At the request of Senator Kirkendoll, unanimous consent being granted, it was ordered that the Journal show had Senator Kirkendoll been present in the chamber on Monday, February 13, 2012, he would have voted “yea” on the passage of Engrossed Committee Substitute for Senate Bill No. 404, Engrossed Senate Bill No. 409, Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 418 and Engrossed Committee Substitute for Senate Bill No. 484; on Tuesday, February 14, 2012, he would have voted "yea" on the passage of Engrossed Senate Bill No. 156, Engrossed Senate Bill No. 166, Engrossed Committee Substitute for Senate Bill No. 186, Engrossed Committee Substitute for Senate Bill No. 321, Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 343, Engrossed Committee Substitute for Senate Bill No. 411, Engrossed Senate Bill No. 430, Engrossed Committee Substitute for House Bill No. 4107 and Engrossed House Bill No. 4291; and on Wednesday, February 15, 2012, he would have voted “yea” on the passage of Engrossed Senate Bill No. 75, Engrossed Committee Substitute for Senate Bill No. 164, Engrossed Committee Substitute for Senate Bill No. 245, Engrossed Committee Substitute for Senate Bill No. 287, Engrossed Senate Bill No. 335, Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 379, Engrossed Senate Bill No. 390, Engrossed Committee Substitute for Senate Bill No. 408, Engrossed Senate Bill No. 461 and Engrossed Senate Bill No. 500.

    At the request of Senator Fanning, unanimous consent being granted, it was ordered that the Journal show had Senator Fanning been present in the chamber on Friday, February 17, 2012, he would have voted “yea” on the passage of Engrossed Committee Substitute for Senate Bill No. 373, Engrossed Senate Bill No. 410, Engrossed Senate Bill No. 428, Engrossed Committee Substitute for Senate Bill No. 471 and Engrossed Senate Bill No. 493; and on Monday, February 20, 2012, he would have voted “yea” on the passage of Engrossed Senate Bill No. 204, Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 343, Engrossed Committee Substitute for Senate Bill No. 510 and Engrossed Committee Substitute for Senate Bill No. 518.

    At the request of Senator Yost, unanimous consent being granted, it was ordered that the Journal show had Senator Yost been present in the chamber on Monday, February 20, 2012, he would have voted “yea” on the passage of Engrossed Senate Bill No. 204, Engrossed Senate Bill No. 205, Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 343, Engrossed Committee Substitute for Senate Bill No. 457, Engrossed Committee Substitute for Senate Bill No. 510, Engrossed Committee Substitute for Senate Bill No. 518, Engrossed Senate Bill No. 540 and Engrossed Senate Bill No. 554.

    At the request of Senator Jenkins, the name of Senator Jenkins was removed as a sponsor of Senate Bill No. 598 (Requiring administrative claim prior to third-party bad faith actions).

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Wednesday, February 22, 2012, at 11 a.m.

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