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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2013

FIFTY-SECOND DAY

____________

Charleston, W. Va., Friday, April 5, 2013

    The Senate met at 11 a.m.

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

    Prayer was offered by the Reverend Gary Nelson, Cross Lanes United Methodist Church, Cross Lanes, West Virginia.

    Pending the reading of the Journal of Thursday, April 4, 2013,

    On motion of Senator Carmichael, 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 concurrence by that body in the passage of

    Eng. Com. Sub. for Senate Bill No. 448, Increasing number of demonstration dealer plates issued to large commercial vehicle dealers.

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

    Senate Concurrent Resolution No. 7, Designating Hall Flintlock Model 1819 official state firearm.

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

    Senate Concurrent Resolution No. 9, Requesting DOH name bridge in Boone County "Naval Chief Boatswain Fred L. Byrnside and Army Captain Dora Jo Chambers Byrnside Memorial Bridge”.

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

    Com. Sub. for Senate Concurrent Resolution No. 13, Requesting DOH name bridge in Lewis County "J. Cecil Jarvis Memorial Bridge”.

    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. 83--Requesting the Joint Committee on Government and Finance study viable alternatives to placing children in maximum security environments.

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

    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. 104--Recognizing the many contributions made by citizens of the Republic of Azerbaijan and that it is in the best interest of the State of West Virginia to promote relationships with the Azerbaijani people.

    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. 110--Requesting that the Division of Highways name bridge number 18-87-5.40, currently known as Evans Bridge, on County Route 87 over Mill Creek near Evans, West Virginia, the “Boyd Leon Parsons 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. 111--Requesting the Division of Highways to build the bridge on County Route 65/03 located near Tug Valley High School in Naugatuck, Mingo County.

    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. 122--Requesting the Joint Committee on Government and Finance to study the rural health workforce in West Virginia.

    Referred to the Committee on Health and Human Resources.

    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

    Eng. Com. Sub. for House Bill No. 2108, Making the offense of failure to wear safety belts a primary offense.

    And,

    Eng. House Bill No. 2992, Eliminating duplicative reporting requirements imposed on distributors of imported cigarettes.

    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

    Eng. Com. Sub. for House Bill No. 2395, Relating to senior services.

    And has amended same.

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

                             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

    Eng. Com. Sub. for House Bill No. 2471, Prohibiting the restriction or otherwise lawful possession, use, carrying, transfer, transportation, storage or display of a firearm or ammunition during a declared state of emergency.

    With amendments from the Committee on Government Organization pending;

    And has also amended same.

    And reports the same back with the recommendation that it do pass as last amended by the Committee on the Judiciary.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2471) 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

    Eng. Com. Sub. for House Bill No. 2553, Authorizing the Secretary of State to administratively dissolve certain business entities.

    And has amended same.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2553) 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 Yost, from the Committee on Labor, submitted the following report, which was received:

    Your Committee on Labor has had under consideration

    Eng. Com. Sub. for House Bill No. 2716, Relating to the West Virginia Fairness in Competitive Bidding Act.

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

                             Respectfully submitted,

                               Jack Yost,

                                 Chair.

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

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

    Your Committee on the Judiciary has had under consideration

    Eng. Com. Sub. for House Bill No. 2815, Clarifying and modifying the process of appointing and terminating guardians for minors.

    And has amended same.

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

                             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

    Eng. Com. Sub. for House Bill No. 3003, Facilitating compliance with the Tobacco Master Settlement Agreement.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

    Your Committee on Education has had under consideration

    Eng. House Bill No. 3159, Granting exceptions from certain compulsory attendance statutes to the Monroe and Nicholas County school systems.

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

                             Respectfully submitted,

                               Robert H. Plymale,

                                 Chair.

    The Senate proceeded to the seventh order of business.

    House Concurrent Resolution No. 11, Requesting the State of West Virginia to annually recognize August 16 as "Airborne Day" in West Virginia.

    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 tenth order of business.

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

    Eng. Com. Sub. for House Bill No. 2314, Authorizing a family court judge to order a child to be taken into custody in emergency situations.

    Eng. House Bill No. 2361, Relating to the definition of "eligible veteran" for certain state training and employment preference benefits.

    Eng. House Bill No. 2463, Repealing the article that permits the sterilization of persons deemed to be mentally incompetent.

    Eng. Com. Sub. for House Bill No. 2521, Relating to the West Virginia Contraband Forfeiture Act.

    Eng. Com. Sub. for House Bill No. 2585, Increasing the time to file a petition in response to notice of an increased assessment.

    Eng. Com. Sub. for House Bill No. 2652, Authorizing the Department of Administration to promulgate legislative rules.

    Eng. House Bill No. 2729, Allowing schools to voluntarily maintain and use epinephrine auto-injectors.

    Eng. Com. Sub. for House Bill No. 2858, Relating generally to consumer rate relief bonds.

    Eng. Com. Sub. for House Bill No. 2923, Relating to directors of state-chartered banking institutions.

    Eng. Com. Sub. for House Bill No. 2940, Relating to regional meetings among certain officials of county boards of education.

    Eng. House Bill No. 3028, Expanding the number of hours temporary state personnel may work in a calendar year.

    Eng. Com. Sub. for House Bill No. 3086, Relating to juvenile services and criminal justice institutions.

    And,

    Eng. House Bill No. 3104, Authorizing certain legislative rules regarding higher education.

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

    The Senate then proceeded to the twelfth order of business.

    Remarks were made by Senators D. Hall, Laird and Miller.

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Laird, the Senate adjourned until Monday, April 8, 2013, at 11 a.m.

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