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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2012

SEVENTEENTH DAY

____________

Charleston, W. Va., Friday, January 27, 2012

    The Senate met at 11 a.m.

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

    Prayer was offered by Dr. Frank Frye, Madison United Methodist Church, Madison, West Virginia.

    Pending the reading of the Journal of Thursday, January 26, 2012,

    On motion of Senator Green, 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 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. 31, Increasing size limit of voting precincts and standard receiving boards.

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

    Com. Sub. for Senate Bill No. 31 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §3-1-5 and §3-1-29 of the Code of West Virginia, 1931, as amended, all relating to establishing voting precincts and changing the composition of standard receiving boards; increasing the limit on the size of voting precincts to three thousand registered voters in urban areas and one thousand five hundred in rural areas; permitting precincts in urban or rural areas to have fewer than the minimum numbers of registered voters allowed; permitting an increase in the size of standard receiving boards in enlarged precincts; providing an option to have more poll workers and commissioners; and permitting fewer poll workers in precincts during a municipal election where there is no simultaneous state or county election.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

    Senator 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. 167, Authorizing county officers accept credit card as payment.

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

    Com. Sub. for Senate Bill No. 167 (originating in the Committee on Government Organization)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-5-2a; and to amend and reenact §8-13-15 of said code, all relating to the acceptance of credit cards as a form of payment; and authorizing a fee to be assessed for the use of a credit card as a form of payment.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    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. 235, Authorizing Division of Banking promulgate legislative rule relating to residential mortgage lenders, brokers and loan originators.

    Senate Bill No. 272, Authorizing Health Insurance Plan Board of Directors promulgate legislative rule relating to premium subsidy.

    Senate Bill No. 286, Authorizing Insurance Commissioner promulgate legislative rule relating to licensing and conduct of insurance producers and agencies.

    Senate Bill No. 287, Authorizing Insurance Commissioner promulgate legislative rule relating to surplus lines insurance.

    Senate Bill No. 288, Authorizing Insurance Commissioner promulgate legislative rule relating to insurance holding company systems.

    And,

    Senate Bill No. 299, Authorizing DMV promulgate legislative rule relating to compulsory motor vehicle liability insurance.

    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 Judiciary.

                             Respectfully submitted,

                               Joseph M. Minard,

                                 Chair.

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

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

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 245, Authorizing Commission for Deaf and Hard of Hearing promulgate legislative rule relating to qualifications and ethical standards for interpreters and transliterators.

    And has amended same.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with amendments from the Committee on Government Organization pending.

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

    Your Committee on Health and Human Resources has had under consideration

    Senate Bill No. 271, Authorizing DHHR promulgate legislative rule relating to credentialing verification organizations.

    Senate Bill No. 273, Authorizing DHHR promulgate legislative rule relating to public water systems.

    Senate Bill No. 274, Authorizing DHHR promulgate legislative rule relating to vital statistics.

    Senate Bill No. 283, Authorizing Division of Human Services promulgate legislative rule relating to family child care facility licensing requirements.

    Senate Bill No. 284, Authorizing Division of Human Services promulgate legislative rule relating to family child care home registration requirements.

    And,

    Senate Bill No. 285, Authorizing Division of Human Services promulgate legislative rule relating to child care quality rating and improvement system.

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

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

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

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

    Your Committee on Health and Human Resources has had under consideration

    Senate Bill No. 275, Authorizing DHHR promulgate legislative rule relating to public water systems operators.

    And has amended same.

    Senate Bill No. 276, Authorizing DHHR promulgate legislative rule relating to manufactured home communities.

    And has amended same.

    And,

    Senate Bill No. 279, Authorizing DHHR promulgate legislative rule relating to public water systems design standards.

    And has amended same.

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

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

    The bills, under the original double committee references, were then referred to the Committee on the Judiciary, with amendments from the Committee on Health and Human Resources pending.

    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. 289, Authorizing Insurance Commissioner promulgate legislative rule relating to continuing education for individual insurance producers.

    And has amended same.

    And,

    Senate Bill No. 290, Authorizing Insurance Commissioner promulgate legislative rule relating to mini COBRA.

    And has amended same.

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

                             Respectfully submitted,

                               Joseph M. Minard

                                 Chair.

    The bills, under the original double committee references, were then referred to the Committee on the Judiciary, with amendments from the Committee on Banking and Insurance pending.

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

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 310, Authorizing Division of Personnel promulgate legislative rule relating to division's administration.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

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

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

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 343, Providing volunteer and part-volunteer fire departments grace period to meet eligibility for certain funds allocation.

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

    Com. Sub. for Senate Bill No. 343 (originating in the Committee on Government Organization)--A Bill to amend and reenact §8-15-8a of the Code of West Virginia, 1931, as amended, relating to the eligibility of volunteer or part-volunteer fire companies or departments to allocation from Municipal Pensions and Protection Fund and the Fire Protection Fund; providing a three-month grace period for volunteer fire companies or departments to comply with submission of data; requiring the State Fire Marshal to notify these volunteer fire companies or departments of the dates and grace period; and providing a three-month exemption to volunteer fire companies or departments whose records were destroyed from requirements to submit data.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 343), 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. 347, Rededicating excise tax paid on real property transfers to counties for regional jail support.

    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 Finance.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on Finance, with an amendment from the Committee on the Judiciary pending.

    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. 367, Relating to liability of real property possessor for trespasser harm.

    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. 382, Requiring sex offender register only in county of residence.

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

    Com. Sub. for Senate Bill No. 382 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §15-12-2, §15-12-3, §15-12-5 and §15-12-10 of the Code of West Virginia, 1931, as amended, all relating to the sex offender registration generally; requiring persons convicted of offenses relating to distributing obscene matter to minors to register; requiring offenders to provide palm prints; and requiring registration and updating of information only at the State Police detachment covering the offender’s county of residence.

    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. 385, Expanding definition of "computer" in commission of certain crimes.

    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

    Senate Bill No. 393, Extending time for TRS members to purchase service credit in TDCS.

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

    Com. Sub. for Senate Bill No. 393 (originating in the Committee on Education)--A Bill to amend and reenact §18-7D-6 of the Code of West Virginia, 1931, as amended, relating to the State Teachers Retirement System; and extending the time for certain members to purchase additional service credit for service in the Teachers’ Defined Contribution Retirement System.

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

                             Respectfully submitted,

                               Robert H. Plymale,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 393), under the original triple committee reference, was referred to the Committee on Pensions; and then to the Committee on Finance.

    The Senate proceeded to the sixth order of business.

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

    By Senators Kessler (Mr. President) and Hall (By Request of the Executive):

    Senate Bill No. 437--A Bill to amend and reenact §16-1-4 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §16-1-19; to amend said code by adding thereto a new article, designated §16-5H-1, §16-5H-2, §16-5H-3, §16-5H-4, §16-5H-5, §16-5H-6, §16-5H-7, §16-5H-8 and §16-5H-9; to amend and reenact §30-1-7a of said code; to amend and reenact §30-5-3 of said code; to amend and reenact §60A-9-3, §60A-9-4 and §60A-9-5 of said code; to amend and reenact §60A-10-3, §60A-10-4, §60A-10-5, §60A-10-7 and §60A-10-8 of said code; and to amend and reenact §61-12-10 of said code, all relating to substance abuse generally; addressing the regulation of opioid treatment programs in this state; updating rules for opioid treatment program facilities to require clinical guidelines, recovery models, education and training requirements for treatment facility staff and treatment limitations and requirements; requiring clinical monitoring of opioid treatment programs; creating an advisory council for opioid treatment programs; addressing the licensing and oversight of chronic pain management clinics; creating the Chronic Pain Clinic Licensing Act; providing definitions; establishing requirements for ownership, licensure, operation and management of pain management clinics; establishing limitations on the dispensing of controlled substances at a pain management clinic; requiring annual inspections of pain management clinics; providing for suspension or revocation of a pain management clinic license and setting forth due process requirements; providing for prohibitions on practicing at or operating a pain management clinic under certain circumstances; providing civil penalties regarding pain management clinics; requiring rules for the licensure of pain management clinics; requiring certain licensing boards to establish drug diversion training and best practice prescribing of controlled substances training; requiring certain licensed or certified health care professionals to complete drug diversion training and best practice prescribing of controlled substances training; requiring a valid practitioner-patient relationship to exist prior to compounding or dispensing prescriptions; defining valid practitioner-patient relationship; requiring certain persons to submit information to the controlled substances reporting system within twenty-four hours; requiring additional information to be submitted to the controlled substances reporting system; clarifying that reporting is required for certain amounts of drugs dispensed to patients; providing certain requirements and training for law-enforcement officials in order to access the controlled substance monitoring database; permitting the Controlled Substance Monitoring Program Database Review Committee to query the substance monitoring database; requiring the Board of Pharmacy to review the substance monitoring system in order to issue certain reports; permitting the Board of Pharmacy to share certain information contained in the substance monitoring system with the Department of Health and Human Resources; requiring the Board of Pharmacy to establish an advisory committee; outlining the advisory committee’s scope and duties; requiring the Board of Pharmacy to create a Controlled Substances Monitoring Program Database Review Committee; outlining the review committee’s scope, powers and duties; requiring the Board of Pharmacy to promulgate certain legislative rules; permitting prescribing practitioners to notify law enforcement of certain violations with immunity; establishing a felony offense and penalties for unauthorized access, use or disclosure of information contained in the substance monitoring database; requiring the Board of Pharmacy to provide annual reports to the Legislature; defining and removing definitions in the Methamphetamine Laboratory Eradication Act; establishing restrictions on the sale, transfer or dispensing of ephedrine, pseudoephedrine and phenylpropanolamine by pharmacies; establishing criminal penalties for purchasing, receiving or possessing certain quantities of ephedrine, pseudoephedrine and phenylpropanolamine; establishing criminal penalties for pharmacies, wholesalers or other entities which sell, transfer or dispense a product under certain circumstances; amending the restrictions on the sale, transfer or delivery of certain designated precursors to the manufacture of methamphetamine or other controlled substances; requiring certain processing requirements of pharmacists, pharmacy intern, and pharmacy technicians; establishing use and requirements of the Multi-State Real-Time Tracking System; requiring pharmacies and retail establishments to electronically submit certain information to the Multi-State Real-Time Tracking System; requiring pharmacies and retail establishments to stop pending sales under certain circumstances; limiting liability of retailers utilizing the Multi-State Real-Time Tracking System under certain circumstances; requiring pharmacies or retail establishments to maintain written logs or electronic record-keeping databases under certain circumstances; providing supersession and preemption of all local laws, ordinances and regulations pertaining to the sale of certain substances; amending reporting requirements and requiring real-time electronic reporting of certain information; requiring that reported information is subject to random and warrantless inspection by certain persons; requiring the National Association of Drug Diversion Investigators to forward certain records to the West Virginia State Police and provide real-time access to the Multi-State Real-Time Tracking System; and requiring the chief medical officer to provide notice to the Database Review Committee in the case of a death caused by overdose.

    Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.

    By Senators Foster, Hall, Laird, Green, Miller, Browning, Unger, Klempa, Palumbo, Wills and Yost:

    Senate Bill No. 438--A Bill to amend and reenact §60A-9-5 of the Code of West Virginia, 1931, as amended, relating to adding the county sheriff, or his or her designee, to those law-enforcement officials who are granted access to certain confidential pharmaceutical information to identify unusual or abnormal drug practices; and granting rule-making authority.

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

    By Senators Tucker, Jenkins, Beach and Wills:

    Senate Bill No. 439--A Bill to amend and reenact §11-3-15c of the Code of West Virginia, 1931, as amended, relating to providing the assessor to whom a petition for assessor review is filed with copies of documentation evidencing substantial information at least five days prior to the assessor’s review in situations where a taxpayer is seeking a review of multiple valuations.

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

    By Senators Sypolt, Barnes, Hall and Nohe:

    Senate Bill No. 440--A Bill to amend and reenact §8-15-11 and §8-15-22 of the Code of West Virginia, 1931, as amended, all relating to reinstating former fire chiefs to previously held positions of a paid fire department following an expired term as chief; and providing for appointment of deputy chiefs of fire departments.

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

    By Senators Beach, Unger, Jenkins, Klempa and Yost:

    Senate Bill No. 441--A Bill to amend and reenact §11-15-9i of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §17A-3-4a, all relating to special equipment installed in a motor vehicle for the use of a person with physical disabilities; and excluding the equipment from the sales and use tax and its value when determining the value of the vehicle for imposition of the tax on the privilege of effecting the certification of the title of the vehicle.

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

    By Senators Beach and Kessler (Mr. President):

    Senate Bill No. 442--A Bill to amend and reenact §11A-1-3 of the Code of West Virginia, 1931, as amended, relating to phasing in, over a four-year period, an increased assessment of real property resulting from property assessments that exceed the previous year’s assessment by fifty percent or more.

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

    By Senators Kessler (Mr. President), Browning, Unger, Jenkins, Klempa, Wills and Yost:

    Senate Bill No. 443--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to the reduction of state income taxes for certain state and federal retirees by increasing the exemption on retirement income in calculating the federal gross income for state personal income tax purposes.

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

    By Senators Edgell, Unger and Yost:

    Senate Bill No. 444--A Bill to amend and reenact §18-5-32 of the Code of West Virginia, 1931, as amended, relating to including substitute teaching in the job duties of certain professional educators employed by county boards of education in certain administrative and supervisory positions.

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

    By Senators Green, Jenkins and K. Facemyer:

    Senate Bill No. 445--A Bill to amend and reenact §3-8-2 of the Code of West Virginia, 1931, as amended, relating to regulation and control of elections; and prohibiting fundraising by members of the Legislature during the sixty-day period of the regular session.

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

    By Senators Stollings, Foster, Jenkins, Kessler (Mr. President), Klempa, Green, Beach, Wills and Yost:

    Senate Bill No. 446--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; expanding the offenses to include causing a material disruption of the work of the school; and expressing that the section does not infringe upon first amendment rights of students, teachers or staff and does not prohibit expression of religious, philosophical or political views.

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

    Senators Stollings, Unger, Klempa, Beach and Wills offered the following resolution:

    Senate Concurrent Resolution No. 17--Requesting the Division of Highways name bridge number 03-85-14.72, in Boone County, the “Fred York Memorial Bridge”.

    Whereas, Fred York was born November 10, 1930; and

    Whereas, Fred York grew up in Wharton, West Virginia, and attended Van High School, where he played football and baseball; and

    Whereas, Fred York attended Morris Harvey College in Charleston, West Virginia; and

    Whereas, Fred York worked hard in the coal mines of southern West Virginia to support his family; and

    Whereas, Fred York was a member of the local Moose Lodge and the Knights of Pythius; and

    Whereas, Fred York was very involved in his community, giving his time to little league baseball and various charitable events; and

    Whereas, Sadly, Fred York passed away July 17, 2006, leaving behind a host of family and friends, all of whom miss him dearly; and

    Whereas, It is fitting, to honor the life of Fred York, for his dedicated service to his community, by naming this bridge in his memory; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Division of Highways to name bridge number 03-85-14.72, in Boone County, the “Fred York Memorial Bridge”; and, be it

    Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “Fred York 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 Secretary of the Department of Transportation and the family of Fred York.

    Which, under the rules, lies over one day.

    Senators Klempa, Kessler (Mr. President), Unger, Prezioso, Plymale, Palumbo, Snyder, Green, Wills, Wells, Laird, Browning, Foster, McCabe, Minard, Yost, Fanning, Beach, Helmick, Jenkins, D. Facemire, Miller, Edgell, Chafin, Stollings, Kirkendoll, Hall, Boley, Barnes, Sypolt, K. Facemyer, Nohe, Williams and Tucker offered the following resolution:

    Senate Resolution No. 12--Encouraging corporations engaged in the Marcellus Shale industry in the State of West Virginia to endorse a set of operating principles to be known as the “Marcellus Principles” in the shale industry.

    Whereas, Marcellus Shale is one of the largest sources of natural gas in the world with a significant portion located in the State of West Virginia; and

    Whereas, Due to the vast amount of potential energy present in the Marcellus Shale, corporations have come to West Virginia to buy land, purchase leases, drill for gas, build processing facilities and construct pipelines; and

    Whereas, Many regions in West Virginia suffer high unemployment rates and, therefore, expanding businesses in the Marcellus Shale industry in these areas has the potential to provide good jobs for those workers who live near job sites; and

    Whereas, West Virginia has the skilled workforce necessary to build and maintain a safe and productive natural gas industry; and

    Whereas, Workers should be employed from the local area, alcohol and drug-free, well trained and paid a decent wage with benefits; and

    Whereas, Every effort should be made to hire veterans through successful programs such as “Helmets to Hardhats”; and

    Whereas, As stakeholders in West Virginia, we believe the economic development generated by Marcellus Shale in our state should create real improvements for our local communities by raising the standard of living among residents; and

    Whereas, We believe communities should have a voice in shaping the projects that depend on their human and natural resources; and

    Whereas, Corporations dependent upon our local resources should conduct business in a way that brings good jobs to our communities and protects our environment; therefore, be it

    Resolved by the Senate:

    That corporations engaged in the Marcellus Shale industry in the State of West Virginia be encouraged to endorse a set of operating principles to be known as the “Marcellus Principles”; and, be it

    Further Resolved, That the Marcellus Principles to which corporations should commit are: (1) To employ workers from the community to fill all industry jobs, including those in drilling, construction and maintenance; (2) to be responsible stewards of the land where natural gas is extracted, processed and delivered; (3) to maintain open lines of communications with stakeholders in order to ensure the safety and security of communities in which the industry is operating or developing operations; and (4) to respect and apply these principles with integrity and transparency; and, be it

    Further Resolved, That corporations in the Marcellus Shale industry should demonstrate their commitment to the Marcellus Principles with a written endorsement, signed and dated, that sets forth the Marcellus Principles and their commitment to it; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia Oil and Natural Gas Association and the Independent Oil and Gas Association.

    Which, under the rules, lies over one day.

    The Senate proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 15, Requesting DOH name portion of US Rt. 60 in Rainelle, Greenbrier County, "Major Jackie Willard Sanford Street".

    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. 16, Requesting DOH name bridge in Wetzel County "Ralph Ice 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 ninth order of business.

    Com. Sub. for Senate Bill No. 161, Relating to mandatory reporting of child abuse and neglect.

    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. 165, Creating criminal offense of sexual contact on incarcerated persons by correctional employees.

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

    Senate Bill No. 209, Updating terms in Personal Income Tax Act.

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

    Senate Bill No. 210, Updating terms in Corporation Net Income Tax Act.

    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. 221, Creating Jason Flatt Act of 2012.

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

    Senate Bill No. 224, Renaming Division of Banking as Division of Financial Institutions.

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

    The Senate proceeded to the tenth order of business.

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

    Com. Sub. for Senate Bill No. 108, Relating to requirements to serve as magistrate.

    Senate Bill No. 202, Permitting Division of Forestry to enter into stewardship contracts with U. S. Forest Service.

    And,

    Senate Bill No. 331, Providing certain persons residing with crime victims parole notification and right to be heard.

    The Senate proceeded to the twelfth order of business.

    Remarks were made by Senators Unger and Stollings.

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

    The Senate proceeded to the thirteenth order of business.

    At the request of Senator Unger, the name of Senator Unger was removed as a sponsor of Committee Substitute for Senate Bill No. 168 (Increasing compensation of certain county officials).

    Pending announcement of meetings of standing committees of the Senate, including a majority party caucus,

    On motion of Senator Unger, the Senate adjourned until Monday, January 30, 2012, at 1 p.m.

____________

 

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