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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2012

FORTY-FIFTH DAY

____________

Charleston, W. Va., Friday, February 24, 2012

    The Senate met at 11 a.m.

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

    Prayer was offered by the Reverend Doctor Steve Mentzer, Hospice Chaplain, McMechen, West Virginia.

    Pending the reading of the Journal of Thursday, February 23, 2012,

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

    At the request of Senator Unger, and by unanimous consent, the provisions of rule number fifty-four of the Rules of the Senate, relating to persons entitled to the privileges of the floor, were suspended in order to grant Kinsley Rhea Facemyer, granddaughter of the Honorable Karen L. Facemyer, a senator from the fourth district, and the family of the Honorable Lloyd George Jackson privileges of the floor for the day.

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

    The Clerk presented a communication from the Board of Acupuncture, submitting its biennial report for fiscal years 2010 and 2011 as required by chapter thirty, article one, section twelve of the code of West Virginia.

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

    At the request of Senator Unger, unanimous consent being granted, the Senate proceeded to the sixth order of business.

    Senator Stollings offered the following resolution:

    Senate Concurrent Resolution No. 51--Requesting the Division of Highways to name bridge number 23-11/3-0.909 on Route 80 in Man, Logan County, West Virginia, the “Cox Joe Gollie Memorial Bridge”.

    Whereas, Mr. Joe Gollie was born on April 10, 1924, to Bruno and Pricie (May) Gollie in Mingo County, West Virginia; and

    Whereas, Mr. Joe Gollie spent most of his life in Logan County, residing and attending schools in Man, West Virginia; and

    Whereas, Mr. Gollie entered the U. S. Navy on August 4, 1942, serving as an armed guard and, throughout his service, participating in the Pacific, the European and the North African theaters of operation; and

    Whereas, While in the United States Navy, Mr. Joe Gollie achieved the rank of Coxswain (Cox) and was an E-4 Boatswain’s Mate; and

    Whereas, Mr. Gollie, in 1944, was a sailor on the U. S. Armed Merchant Vessel S.S. Andrew G. Curtain when it was sunk in action by a German submarine on January 26, 1944, while on Murmansk Run in the North Atlantic Ocean; and

    Whereas, During the sinking of the S.S. Andrew G. Curtain, Mr. Gollie abandoned ship in the cold waters of the North Atlantic and was picked up by the HMS Inconstant which took him to Vaenga, Russia, on January 28, 1944; and

    Whereas, After being transported by ship to Vaenga, Russia, Mr. Gollie was taken by tugboat to Murmansk, Russia, on January 29, 1944; and

    Whereas, The S.S. Phillip Livingston took Mr. Gollie from Murmansk, Russia, to Gourock, Scotland, arriving on March 13, 1944, and, from here, Mr. Gollie boarded the S.S. Albert C. Ritchie on April 1, 1944, arriving in New York on April 3, 1944; and

    Whereas, Following his return to the states in April, 1944, Mr. Gollie served on the U. S. Armed Merchant Vessel S.S. William Webb and the U. S. Armed Merchant Vessel S.S. Charles Wilson Peale; and

    Whereas, Coxswain Joe Gollie received an honorable discharge from the United States Navy in 1945; and

    Whereas, Mr. Gollie was awarded several medals for his service to our state, nation and world including the American Campaign Medal, the Asiatic Pacific Campaign Medal, the European-African-Middle Eastern Campaign Medal with Bronze Star, the Good Conduct Medal and the World War II Victory Medal; and

    Whereas, When not engaged in protecting our nation, our lives and our values, Mr. Gollie continued to serve his state and his country as a lifelong coal miner in Logan County, West Virginia, marrying Mildred Frances Montgomery and having two children, Joseph S. Gollie and Sheila Rene (Combs) Gollie; and

    Whereas, Mr. Joe Gollie served his country and his state with honor and distinction and ready to give the ultimate sacrifice if need be; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name bridge number 23-11/3-0.909 on Route 80 in Man, Logan County, West Virginia, the “Cox Joe Gollie Memorial Bridge”; and, be it

    Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “Cox Joe Gollie 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, to Mr. Gollie’s children, Joseph S. Gollie of Danville, West Virginia, and Shelia Rene (Combs) Gollie of Man, West Virginia, and to the Daniel Boone VFW Post 5578.

    Which, under the rules, lies over one day.

    Senators Kessler (Mr. President), Unger, Plymale, Klempa and Foster offered the following resolution:

    Senate Concurrent Resolution No. 52--Requesting the Joint Committee on Government and Finance to study the need for proposing legislation promoting a shared prosperity from the development and recovery of natural gas reserves in underground shales and other geologic formations and establishing a Future Generations’ Fund for the benefit of the general public welfare.

    Whereas, West Virginia is blessed by an abundance of mineral resources, particularly coal, natural gas and oil. However, history has shown that while the state’s mineral resources are a viable source of wealth, the value and benefits of this wealth diminishes with the depletion of these nonrenewable resources to the detriment of present and future generations of West Virginians and their communities; and

    Whereas, The state’s general revenues are often insufficient or unavailable to preserve or develop the state’s infrastructure without an increase in the tax burden upon the citizens of West Virginia; and

    Whereas, As a result of technological advances in the development, drilling, recovery and transmission of the state’s natural gas reserves, particularly in underground shale and other geologic formations, the state is presented with a prodigious opportunity to contemporaneously provide for the future well-being of the citizens of West Virginia; and

    Whereas, The Legislature finds it desirable to promote a shared prosperity for the citizens of the state from its natural shale gas reserves by: Creating job opportunities for resident West Virginians underwritten, in part, by tax incentives for employers hiring local workers; increasing the Homestead Tax Exemption for resident West Virginians; reducing the real property tax of resident West Virginians; and establishing a “Future Generations’ Fund” for the benefit of the citizens of West Virginia well into the future all to be funded by an enhanced severance tax on the extraction, development and transportation of the state’s natural shale gas reserves while insuring a continuation of current tax revenue rates for counties, municipalities and education; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Joint Committee on Government and Finance to study the need for proposing legislation promoting a shared prosperity from the development and recovery of natural gas reserves in underground shales and other geologic formations and establishing a Future Generations’ Fund for the benefit of the general public welfare; and, be it

    Further Resolved, That the Joint Committee on Government and Finance study the need for and the benefits of creating job opportunities for local workers, increasing the Homestead Tax Exemption, reducing the real property tax of West Virginians, establishing a Future Generations’ Fund and review the existing severance tax structure and burdens in order to maximize the development, drilling, recovery and transmission of natural gas in underground shale and other geologic formations with said fund for future generations of West Virginians and for the benefit of the general public welfare; 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 any 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 Stollings, Kirkendoll, Kessler (Mr. President), Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Sypolt, Tucker, Unger, Wells, Williams, Wills and Yost offered the following resolution:

    Senate Resolution No. 43--Memorializing the life of Lloyd George Jackson, husband, father, senator, statesman, businessman, political icon of Lincoln County and former West Virginia Senate President.

    Whereas, Lloyd George Jackson was born May 30, 1918, at Yawkey, West Virginia, the son of the late Guy H. Jackson and Ella Johnson Jackson; and

    Whereas, Lloyd George Jackson valiantly served his country in the United States Army with the 150th Infantry, was stationed in Panama for four years during World War II, and attained the rank of Master Sergeant; and

    Whereas, In 1946, Lloyd George Jackson was elected to the first of six consecutive terms in the West Virginia Senate representing the seventh district, where he was a leading advocate for the people of his district; and

    Whereas, Lloyd George Jackson married Pauline Adkins Jackson on December 16, 1948, with whom he built a home in Hamlin, West Virginia; and

    Whereas, Lloyd George Jackson became a renowned figure in the oil and natural gas industry, heading the Jackson Gas Company, employing hundreds of people in his district, and being named West Virginia Oil and Gas Man of the Year in 1997; and

    Whereas, Lloyd George Jackson was elected West Virginia Senate President in 1969 and would serve in that post during his final two years of service in this body; and

    Whereas, During his tenure, the outgoing and affable nature of Lloyd George Jackson earned him the good will of colleagues on both sides of the aisle, including then-Governor Arch Moore, a Republican; and

    Whereas, Lloyd George Jackson was active in the National Conference of State Legislatures, the Council of State Governments, and the West Virginia Oil and Natural Gas Association; and

    Whereas, Even after his departure from the West Virginia Senate, Lloyd George Jackson remained a powerful force in the Democratic politics of Lincoln County and West Virginia, while devoting more time to his business in conjunction with his son, former Senator Lloyd George Jackson II; and

    Whereas, Sadly, on the morning of October, 29, 2011, at the age of 93, Lloyd George Jackson passed away at his home in Hamlin, leaving behind his wife, Pauline, daughter, Suzanne, son, Lloyd II and his wife, Trina, two grandsons, L.G. and Ryan, and other family members, his beloved Lincoln County, and friends and colleagues across the state of West Virginia; therefore, be it

    Resolved by the Senate:

    That the Senate hereby memorializes the life of Lloyd George Jackson, husband, father, senator, statesman, businessman, political icon of Lincoln County and former West Virginia Senate President; and, be it

    Further Resolved, That the Senate expresses its deepest sympathies to the family and friends of Lloyd George Jackson on his passing; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the family of Lloyd George Jackson.

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

    Thereafter, at the request of Senator Green, and by unanimous consent, the remarks by Senators Chafin, Fanning, Stollings, Helmick and Kirkendoll regarding the adoption of Senate Resolution No. 43 were ordered printed in the Appendix to the Journal.

    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, unanimous consent being granted, returned 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. 2657--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-11B-1, §5-11B-2 and §5-11B-3, all relating to establishing the West Virginia Religious Freedom Restoration Act; short title; definitions; applicability; construction; and remedies.

    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. 4020--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2E-8g, relating to recognizing outstanding students who are top scorers on certain statewide tests and providing rule-making authority to the state board.

    Referred to the Committee on Education.

    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. 4049--A Bill to amend and reenact §22-1-7 of the Code of West Virginia, 1931, as amended, relating to requiring the Department of Environmental Protection to maintain an Office of Internal Auditing.

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

    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. 4260--A Bill to amend and reenact §5-16-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §5-16B-6e of said code; to amend and reenact §33-16-3v of said code; to amend and reenact §33-24-7k of said code; and to amend and reenact §33-25A-8j of said code, all relating to insurance coverage for autism spectrum disorders; specifying application of benefit caps; clarifying time frames; adding evaluation of autism spectrum disorder to included coverage; clarifying diagnosis, evaluation and treatment requirements; clarifying reporting requirements; and making technical corrections.

    Referred to the Committee on Banking and Insurance.

    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. 4327--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-44-1 and §16-44-2, all relating to requiring pulse oximetry testing for newborns; authorizing the Commissioner of the Bureau of Public Health to require testing; providing timing requirements for testing; and requiring the Commissioner to adopt procedural and legislative rules.

    Referred to the Committee on Health and Human Resources.

    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. 4451--A Bill to amend and reenact §3-1-19 of the Code of West Virginia, 1931, as amended, relating to appointment of ballot commissioners; and authorizing county executive committees of the two largest political parties to make appointments.

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

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

    House Concurrent Resolution No. 6--Requesting that bridge number 17-20-1.14 on Route 20 in Harrison County, West Virginia, be named the “John Charles Giese Memorial Bridge”.

    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. 32--Requesting the Division of Highways to erect signage at each end of Quiet Dell, Harrison County, West Virginia, on Route 310, that states “Home of Hershel Woodrow “Woody” Williams: United States Congressional Medal of Honor Recipient”.

    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. 48--Requesting the Division of Highways to name bridge number 31-119/39-0.12 crossing over Deckers Creek in Morgantown, Monongalia County, the "John W. Pyles Bridge”.

    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. 77--Declaring that the month of September be proclaimed as Take Pride in America Month beginning with September, 2012.

    Referred to the Committee on Government Organization.

    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. 86--Requesting the Division of Highways to name the bridge on US Route 50 in Burlington, Mineral County, bridge number 29-50-18.78, the “USMC PFC Woodrow Wilson Barr Memorial Bridge”.

    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. 87--Requesting the Division of Highways to name the approximate four- mile section of road on West Virginia Route 46 between the city limits of Keyser and the city limits of Piedmont, Mineral County, the “U.S. Army Tech/Sgt. James ‘Aubrey’ Stewart Memorial Highway”.

    Referred to the Committee on Transportation and Infrastructure.

    The Senate proceeded to the fourth order of business.

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

    Your Committee on the Judiciary has had under consideration

    Senate Bill No. 4, Declaring child's right to nurse.

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

    Com. Sub. for Senate Bill No. 4 (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 §16-1-19, relating to a child’s right to nurse; and authorizing a mother to breast feed a child in any location where the mother and child have a right to be.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 4) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

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

    Your Committee on the Judiciary has had under consideration

    Com. Sub. for Senate Bill No. 36 (originating in the Committee on Labor), Relating to disclosure requirements for public construction contracts.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 36 (originating in the Committee on the Judiciary)--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 within one business day of the opening of bids for certain public construction contracts by the apparent low bidder when any subcontractor is providing over $25,000 of services on the project; providing exceptions; providing what information is to be submitted to the Division of Purchasing; disqualifying bidders for failure to comply; obtaining approval from the division before substituting any subcontractor; providing circumstances when substitutions are permitted; and providing a sunset provision.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 36) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

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

    Your Committee on the Judiciary has had under consideration

    Com. Sub. for Senate Bill No. 60 (originating in the Committee on Transportation and Infrastructure), Creating felony for driving under influence and causing serious bodily injury.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 60 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended, relating to making it a felony to drive a vehicle while under the influence of alcohol, controlled substance or other drug and recklessly cause serious bodily injury to another person; and establishing penalties for first and subsequent violations of certain provisions.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 60) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

    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. 109, Permitting unlicensed personnel to administer medications in certain circumstances.

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

    Com. Sub. for Senate Bill No. 109 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §16-5O-2, §16-5O-3 and §16-5O-4 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section designated §16-5O-3a, all relating to permitting unlicensed personnel to administer or assist with administration of medications in certain circumstances; defining terms; providing exemptions from licensure; and limitation of liability for registered nurses.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 109) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

    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. 149, Requiring law enforcement return forfeited or abandoned firearms to owners.

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

    Senate Bill No. 490, Criminalizing trademark counterfeiting.    Com. Sub. for Senate Bill No. 562, Establishing DEP procedure for biologic component compliance of narrative water quality standard.

    And,

    Senate Bill No. 637, Relating to maintenance of voter registration lists and records.

    And reports the same back with the recommendation that they each 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

    Com. Sub. for Senate Bill No. 412 (originating in the Committee on Energy, Industry and Mining), Increasing PSC civil penalties for Gas Pipeline Safety Act violations.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 412 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §24B-4-6 of the Code of West Virginia, 1931, as amended, relating to increasing civil penalties that can be imposed by the Public Service Commission for pipeline safety violations.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 412) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

    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. 424, Exempting certain barbers from continuing education requirement.

    And reports the same back with the recommendation that it 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

    Com. Sub. for Senate Bill No. 446 (originating in the Committee on Education), Relating to harassment, intimidation or bullying of public school students.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 446 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §18-2C-2, §18-2C-3 and §18-2C-5 of the Code of West Virginia, 1931, as amended, all relating to harassment, intimidation or bullying of students in public schools; adding elements to definition of “harassment, intimidation or bullying”; and expressing that certain statutory provisions, policy, training and education does not infringe upon first amendment rights of certain persons and does not prohibit expression of religious, philosophical or political views so long as the expression does not cause a material disruption of the work of the school.

    With the recommendation that the committee substitute for 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

    Com. Sub. for Senate Bill No. 479 (originating in the Committee on Agriculture), Creating Spay Neuter Program and Fund.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 479 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-20C-1, §19-20C-2, §19-20C-3, §19-20C-4, §19-20C-5, §19-20C-6 and §19-20C-7, all relating to establishing the West Virginia Spay Neuter Program and Fund; establishing low-cost spay neuter and vaccination program for residents receiving public assistance; creating list of participating veterinarians to be reimbursed eighty percent of the cost; creating voluntary checkoff option to donate a portion of the tax refund to the fund; providing a form for the check-off program; designating the Commissioner of the Department of Agriculture to manage the fund and program; limiting administrative expenses of fund; requiring annual reporting; authorizing rulemaking; and permitting administrative penalties.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 479) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

    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. 498, Relating to records of abuse, neglect or exploitation of vulnerable adults.

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

    Com. Sub. for Senate Bill No. 498 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §9-6-8 and §9-6-9 of the Code of West Virginia, 1931, as amended, all relating to adult protective services and reports of abuse, neglect or exploitation of vulnerable adults; permitting distribution of adult protective services records to certain individuals and entities; permitting distribution of a summary of those records to certain other individuals and entities; protecting the confidentiality of the identity of the reporter; and requiring a program for notifying mandatory reporters at the outset and conclusion of investigations.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 498) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

    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. 512, Updating statute relating to DMV Office of Administrative Hearing's procedures.

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

    Com. Sub. for Senate Bill No. 512 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §17C-5A-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §17C-5C-4a and §17C-5C-4b, all relating to updating statutory provisions relating to procedures of the Office of Administrative Hearings; providing written objections to revocation notices may be filed by facsimile or e-mail; providing notices of hearing are sent to the parties and their legal counsel; providing that the Office of Administrative Hearings has subpoena authority; providing that parties may enforce Office of Administrative Hearings subpoenas in circuit court; providing that the Division of Motor Vehicles may serve subpoenas to law-enforcement officers by electronic mail; deleting language indicating that a notice of hearing sent by certified or registered mail to a law-enforcement officer constitutes a subpoena to appear; authorizing the Office of Administrative Hearings to propose legislative rules to implement the provisions of this article and to carry out the duties prescribed therein; and requiring persons with pending contested matters to provide notice of change of address.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 512) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

    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. 519, Relating generally to suspension or revocation of driver's licenses.

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

    Com. Sub. for Senate Bill No. 519 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §17B-4-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §17B-3-14, all relating to the suspension or revocation of driver’s licenses; making legislative findings; establishing a driver’s license restoration program; waiving certain reinstatement requirements to restore driving privileges; reducing the period for suspension upon receipt of notice of driving while suspended for nondriving under the influence offenses; and granting rule-making authority.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 519) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

    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. 528, Creating Scrap Metal Theft Prevention Act.

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

    Com. Sub. for Senate Bill No. 528 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §61-3-49 of the Code of West Virginia, 1931, as amended, relating to scrap metal dealers and scrap metal generally; providing definitions; requiring scrap metal dealers to obtain business licenses; requiring certain information to be obtained and kept for each scrap metal transaction; requiring scrap metal dealer and seller to sign a purchase ticket; requiring signed statements of ownership; providing that scrap metal dealer must produce certain information upon request of law-enforcement officers; prohibiting the possession of stolen or unlawfully obtained scrap metal; requiring the obtaining of a thumb print of the seller in transactions making catalytic converters; prohibiting purchase of certain items of scrap metal without proof of lawful possession; and establishing offenses and penalties.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 528) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

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

    Your Committee on the Judiciary has had under consideration

    Com. Sub. for Senate Bill No. 552 (originating in the Committee on Economic Development), Creating WV Land Stewardship Corporation Act.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 552 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §31-21-1, §31-21-2, §31-21-3, §31-21-4, §31-21-5, §31-21-6, §31-21-7, §31-21-8, §31-21-9, §31-21-10, §31-21-11, §31-21-12, §31-21-13, §31-21-14, §31-21-15, §31-21-16, §31-21-17, §31-21-18 and §31-21-19, all relating to authorizing the creation of a public nonprofit corporation and governmental instrumentality under the provisions of article two, chapter thirty-one-e of said code, to collectively address several environmental and economic development programs established to promote the productive reuse of idled and underutilized commercial, industrial and mining properties, support more efficient use of existing public infrastructure and encourage increased job creation with living wages, renewed community vitality and tax revenue generation while protecting public health and our natural resources; providing short title; declaring policy and purpose of article; defining terms; creating West Virginia Land Stewardship Corporation; stating certain tax requirements; setting forth powers of West Virginia Land Stewardship Corporation; providing for board of directors and composition of same; providing for creation of voluntary land stewardship program; providing for underwriting review of land stewardship program applicants; authorizing establishment of state certified sites program; setting forth minimum standards for certification under state certified sites program; authorizing establishment of voluntary state land bank program; permitting land stewardship corporation to preserve property value of properties held by land stewardship corporation; providing requirements for handling of contaminated properties by land stewardship corporation; providing for liberal construction of article; providing procedure for dissolution of land stewardship corporation upon completion of purpose; providing provision for conflict of interest of land stewardship corporation officers, employees and board members; stating preservation of sovereign immunity; and providing that obligations of land stewardship are not obligations of Department of Environmental Protection or state.

    With the recommendation that the committee substitute for 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. 588, Relating to Wholesale Drug Distribution Licensing Act of 1991.

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

    Com. Sub. for Senate Bill No. 588 (originating in the Committee on the Judiciary)--A Bill to repeal §60A-8-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §60A-8-3, §60A-8-5 and §60A-8-7 of said code; and to amend said code by adding thereto three new sections, designated §60A-8-14, §60A-8-15 and §60A-8-16, all relating generally to wholesale drug distributors licensed by Board of Pharmacy; specifying purpose of article; defining terms; specifying wholesale drug distributor licensing requirements; specifying powers of Board of Pharmacy; increasing licensing fees; requiring updates when material changes occur to a licensee; authorizing board to take certain disciplinary action against licensees, including revocation or suspension of licenses, refusal to renew license and civil penalties; providing for register of wholesale and pharmacy distributors of prescription drugs; and providing for the disposition of fees.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 588) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

    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. 597, Requiring installation of carbon monoxide detectors in certain facilities.

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

    Com. Sub. for Senate Bill No. 597 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §29-3-16a of the Code of West Virginia, 1931, as amended, relating to carbon monoxide detectors, smoke detectors and sprinkler systems; requiring smoke detectors and sprinkler systems meet and be installed according to current edition of national standard requirements; requiring carbon monoxide detectors be installed in certain public facilities on and after certain effective date; requiring carbon monoxide detectors be hardwired into alternating current on and after certain date; allowing the installation of a either single station carbon monoxide detector or combination smoke detector and carbon monoxide detector; providing a certain exception for installing carbon monoxide detectors in certain long-term care facilities; and providing for minimum specification requirements and testing, maintaining, repairing and replacing carbon monoxide detectors.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 597) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

    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. 611, Developing special community-based pilot demonstration project to improve at-risk youth outcomes.

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

    Com. Sub. for Senate Bill No. 611 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §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; defining at-risk; creating a Community-Based Pilot Demonstration Project to Improve Outcomes for At-Risk Youth in West Virginia; 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 and perform other duties; and setting forth duties and goals of the community-based pilot organization.

    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. 615, Conforming WV Water Pollution Control Act with federal Clean Water Act.

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

    Com. Sub. for Senate Bill No. 615 (originating in the Committee on the Judiciary)--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.

    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. 618, Relating to municipal and magistrate courts' notification to DMV of violator's failure to pay or appear.

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

    Com. Sub. for Senate Bill No. 618 (originating in the Committee on the Judiciary)--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 ninety days from the date that all costs, fines, forfeitures or penalties are due in full, or the date of the failure to appear before notifying the Division of Motor Vehicles of that person’s failure to pay or failure to appear.

    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

    Com. Sub. for Senate Bill No. 623, Authorizing PSC promulgate rules establishing capacity improvement fee requirements.

    Now on second reading, having been read a first time and referred to the Committee on the Judiciary on February 23, 2012;

    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. 628, Allowing fund-raising for state executive party headquarters.

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

    Com. Sub. for Senate Bill No. 628 (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 §3-8-2c, relating to funding for state executive party headquarters; defining terms; allowing funds to be raised; providing for allowable uses of the funds and prohibitions; setting certain fundraising limits; requiring reports; and requiring legislative rules.

    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. 647, Providing Board of Medicine and Board of Osteopathy initiate certain independent disciplinary proceedings.

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

    Com. Sub. for Senate Bill No. 647 (originating in the Committee on Government Organization)--A Bill to amend and reenact §30-3-14 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-4-21 of said code; and to amend and reenact §30-14-12a of said code, all relating to the Board of Medicine, Board of Dental Examiners, and the Board of Osteopathy; and permitting the boards to independently initiate disciplinary proceedings in certain circumstances.

    With the recommendation that the 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. 649, Relating to nonintoxicating beer distributor licensees.

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

    Com. Sub. for Senate Bill No. 649 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §11-16-3 and §11-16-8 of the Code of West Virginia, 1931, as amended, all relating to the Nonintoxicating Beer Act; adding a limited liability company to the definition of “person” under the act; allowing a trust to be an applicant for a distributor license; and requiring certain disclosures by applicants for distributor licenses that are trusts or limited liability companies.

    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. 659, Requiring criminal background checks for certain persons conducting state business.

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

    Com. Sub. for Senate Bill No. 659 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §15-2D-3 of the Code of West Virginia, 1931, as amended, relating to powers and duties of the Director of the Division of Protective Services; requiring the director to require vendors, contractors, subcontractors and their employees conducting business with the state to submit to a criminal background check under certain circumstances; requiring vendors, contractors, subcontractors provided employee names to comply with provisions of this section; and requiring a clause in future contracts to give the state powers to prohibit certain persons from certain activities based on the results of the background check.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    The Senate proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 49, Requesting DOH name Wyoming County Rt. 0061/07 "Private Floyd Cline Memorial Highway".

    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. 50, Requesting DOH name bridge in Monongalia County "Lt. Col. Carroll Baxter Lilly 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. 496, Modifying DEP requirement of greenhouse gas emissions' inventory.

    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, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills and Kessler (Mr. President)--32.

    The nays were: None.

    Absent: Plymale and Yost--2.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 496) 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. 551, Providing limitation exception for certain mortgage modification loans.

    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, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills and Kessler (Mr. President)--32.

    The nays were: None.

    Absent: Plymale and Yost--2.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 551) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    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, Minard, Nohe, Palumbo, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills and Kessler (Mr. President)--32.

    The nays were: None.

    Absent: Plymale and Yost--2.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 551) takes effect from passage.

    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. 564, Creating Aviation Fund and Fleet Management Office Fund.

    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, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills and Kessler (Mr. President)--32.

    The nays were: None.

    Absent: Plymale and Yost--2.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 564) 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. 566, Relating to contracts with nonprofit and charitable entities for inmate work-release and transitional housing; court-ordered direct placement.

    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, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills and Kessler (Mr. President)--32.

    The nays were: None.

    Absent: Plymale and Yost--2.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 566) 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. 575, Repealing code related to prior disability under Emergency Medical Services Retirement System.

    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, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills and Kessler (Mr. President)--32.

    The nays were: None.

    Absent: Plymale and Yost--2.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 575) 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. 673, Expiring funds from MAPS, Office of the Secretary and making supplementary appropriation to MAPS, Division of Corrections, Correctional Units.

    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, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills and Kessler (Mr. President)--32.

    The nays were: None.

    Absent: Plymale and Yost--2.

    So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 673) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    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, Minard, Nohe, Palumbo, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills and Kessler (Mr. President)--32.

    The nays were: None.

    Absent: Plymale and Yost--2.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 673) takes effect from passage.

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

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

    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, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills and Kessler (Mr. President)--32.

    The nays were: None.

    Absent: Plymale and Yost--2.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4087) passed with its title.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

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

    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, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills and Kessler (Mr. President)--32.

    The nays were: None.

    Absent: Plymale and Yost--2.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4415) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    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, Minard, Nohe, Palumbo, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills and Kessler (Mr. President)--32.

    The nays were: None.

    Absent: Plymale and Yost--2.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4415) takes effect from passage.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

    Eng. House Bill No. 4493, Establishing special memorial days for certain military veterans.

    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, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills and Kessler (Mr. President)--32.

    The nays were: None.

    Absent: Plymale and Yost--2.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4493) passed.

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

    Eng. House Bill No. 4493--A Bill to amend and reenact §2-2-1a of the Code of West Virginia, 1931, as amended, relating to observing the week in which December 7 falls as a special memorial week to be known as Pearl Harbor and Military Appreciation Week; directing the State Department of Education to implement a program involving students which recognizes the contributions made by West Virginians in the United States military; establishing special memorial days for certain military veterans; declaring March 30 as a special memorial day to be known as Vietnam Veteran Recognition Day; declaring August 7 as a special memorial day to be known as Purple Heart Recognition Day; and declaring July 27 as a special memorial day to be known as Korean War Veteran Recognition Day.

    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. 76, Creating Green Buildings Act.

    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. 110, Relating to Broadband Deployment Council.

    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. 212, Creating criminal offense for disrupting communications and public utility services.

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

    Senate Bill No. 386, Clarifying entities included in water's-edge group for income tax purposes.

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

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

    On page five, section thirteen-f, line seventy-five, by striking out the word “article” and inserting in lieu thereof the word “section”.

    The bill (S. B. No. 386), as amended, was then ordered to engrossment and third reading.

    Com. Sub. for Senate Bill No. 514, Deeming retail establishments with roll-your-own cigarette machines manufacturers.

    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. 521, Relating to subrogation rights of PEIA.

    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. 535, Expanding certain prescriptive authority for chronic diseases.

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

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

    Com. Sub. for Senate Bill No. 547, Relating to certain criminal conviction expungement.

    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. 572, Replacing "advanced nurse practitioner" with "advanced practice registered nurse".

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

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

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

    Senate Bill No. 596, Prohibiting child erotica.

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

    Senate Bill No. 606, Relating to property forfeiture related to child pornography arrests and computer crimes.

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

    The following amendments to the bill, from the Committee on the Judiciary, were reported by the Clerk, considered simultaneously, and adopted:

    On page eight, section seven, line eighty-nine, by striking out the word “petitioner” and inserting in lieu thereof the words “innocent owner”;

    On page eight, section seven, line ninety-two, by striking out the word “petitioner” and inserting in lieu thereof the words “innocent owner”;

    And,

    On page eight, section seven, line ninety-six, by striking out the word “coowner” and inserting in lieu thereof the words “person with an ownership interest”.

    The bill (S. B. No. 606), as amended, was then ordered to engrossment and third reading.

    Senate Bill No. 646, Requiring State Board of Education study GED issues.

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

    Senate Bill No. 650, Making supplementary appropriation from General Revenue to DHHR-Division of Human Services.

    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. 656, Requiring direct health care providers wear identification badges.

    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 joint resolution and bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:

    Com. Sub. for Senate Joint Resolution No. 9, Proposing constitutional amendment designated Boy Scouts and Other Nonprofit Youth Organization Tax Exemption Support Amendment.

    Com. Sub. for Senate Bill No. 135, Considering military training, experience and education toward professional or occupational licensure qualifications.

    Senate Bill No. 139, Making failure to wear safety belts primary offense.

    Com. Sub. for Com. Sub. for Senate Bill No. 340, Relating to interscholastic athletics concussions and head injuries.

    Com. Sub. for Senate Bill No. 354, Authorizing county commissions appoint temporary successors to certain county officer vacancies.

    Senate Bill No. 365, Increasing membership of PEIA Finance Board.

    Com. Sub. for Senate Bill No. 387, Requiring training of floodplain managers.

    Com. Sub. for Senate Bill No. 399, Renaming Board of Insurance Agent Education to Board of Insurance Producer Education; other provisions.

    Senate Bill No. 417, Establishing right to disposition of deceased's remains.

    Com. Sub. for Senate Bill No. 435, Relating to nursing home residents' personal funds conveyance upon death.

    Com. Sub. for Senate Bill No. 576, Changing school personnel termination, resignation, retirement, transfer and rehiring deadlines.

    Com. Sub. for Senate Bill No. 599, Relating to insurance claims for automobile glass replacement or repair services.

    Com. Sub. for Senate Bill No. 621, Requiring DOH concurrence that major subdivisions or land developments provide sufficient access.

    Senate Bill No. 655, Allowing licensure of certain veterinarians by endorsement.

    Com. Sub. for Senate Bill No. 661, Relating to data sharing among state education providers.

    Eng. Com. Sub. for House Bill No. 4122, Relating to alternative programs for teacher education.

    And,

    Eng. Com. Sub. for House Bill No. 4206, Authorizing the Department of Transportation to promulgate legislative rules.

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

    Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules and a majority party caucus,

    On motion of Senator Unger, the Senate adjourned until Monday, February 27, 2012, at 11 a.m.

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