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sdj-20th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2011

TWENTIETH DAY

____________

Charleston, W. Va., Monday, January 31, 2011

The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)

Prayer was offered by the Reverend Alton Dillard, Sr., Allen Chapel A.M.E. Church, Charleston, West Virginia.
Pending the reading of the Journal of Friday, January 28, 2011,
On motion of Senator Browning, 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.
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 Adjutant General Allen E. Tackett
and family privileges of the floor for the day.
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. 2517--A Bill to amend and reenact §23-4-1e of the Code of West Virginia, 1931, as amended, and to amend and reenact §25-7-14 and §25-7-16 of said code, all relating to providing workers compensation benefits for persons participating in the prison industry enhancement certification program; creating exception for prohibition of purchase of temporary total disability benefits coverage for persons participating in the program; authorizing purchase of workers compensation insurance by commissioner of the division of corrections for prison and jail inmates participating in the prison certification program; and authorizing purchase of workers compensation insurance by the director of juvenile services for persons under his or her supervision that are participating in the prison certification program for incurred while confined.
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. 2520--A Bill to amend and reenact §25-4-6 of the Code of West Virginia, 1931, as amended, relating to assignment of youthful male offenders to correctional facilities; specifying circuit court jurisdiction; modifying age criteria for eligibility for commitment to youthful offender center; and providing maximum age for center commitment.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2011, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2648--A Bill to amend and reenact §18-5A-5 of the Code of West Virginia, 1931, as amended, relating to increasing the faculty senate allotment for classroom teachers and librarians from $50 to $100, to be spent on academic materials, supplies or equipment to enhance instruction.
Referred to the Committee on Education; and then to the Committee on Finance.
The Senate proceeded to the fourth order of business.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 263, Relating to special plates for testing of vehicles operated by certain nonprofit corporations.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 263 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17A-6-10d, relating to special plates for the testing of vehicles operated by nonprofit corporations engaged in research and development of motor vehicles, special fuels or equipment for motor vehicles; requiring written records be kept; prohibiting bonding; requiring vehicles to be insured; and exempting the vehicles from safety inspections, but requiring the vehicles to be safe.
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,
Robert D. Beach,
Chair.
The bill (Com. Sub. for S. B. No. 263), under the original double committee reference, was then referred to the Committee on Finance.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Concurrent Resolution No. 8, Requesting DOH name segment of U. S. Route 33 "Sergeant Clinton M. Hedrick and World War II Veterans Memorial Highway".
And,
Senate Concurrent Resolution No. 9, Requesting DOH name bridge on U. S. Route 220 in Smoke Hole, Pendleton County, "Pendleton County Vietnam Veterans Memorial Bridge".
And reports the same back with the recommendation that they each be adopted.
Respectfully submitted,
Robert D. Beach,
Chair.
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 Barnes, Kessler (Acting President), Beach, Boley, Browning, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Williams, Wills, Yost and Jenkins:
Senate Bill No. 341--A Bill to amend and reenact §20-2-28 of the Code of West Virginia, 1931, as amended, relating to providing that a person under eighteen years of age or a veteran, along with accompanying family members, participating in a day trip sponsored by a nonprofit organization providing rehabilitative therapy to those participants is exempted from purchasing a hunting or fishing license.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.
By Senators Kessler (Acting President) and Hall (By Request of the Executive):
Senate Bill No. 342--A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Governor's Office - Civil Contingent Fund, fund 0105, fiscal year 2011, organization 0100, by supplementing and amending the appropriations for the fiscal year ending June 30, 2011.
Referred to the Committee on Finance.
By Senators Klempa, D. Facemire, Nohe and Yost:
Senate Bill No. 343--A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Motor Vehicles to issue a special license plate for applicants who are hearing impaired; establishing requirements for eligibility; and fees.

Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Prezioso, D. Facemire, Unger, Foster, Jenkins, McCabe, Stollings, Plymale and Klempa:
Senate Bill No. 344--A Bill to amend and reenact §11-6F-2 of the Code of West Virginia, 1931, as amended, relating to reducing the required original cost of manufacturing facilities and reducing the required cost of the capital addition when determining eligibility for the special method for appraising such property; and excluding real property from the measure of the certified capital addition property and from the measure of the qualified capital addition to a manufacturing facility.
Referred to the Committee on Economic Development; and then to the Committee on Finance.
By Senators Prezioso, D. Facemire, Unger, Foster, Jenkins, Nohe, McCabe, Stollings, Klempa, Beach and Yost:
Senate Bill No. 345--A Bill to repeal §11-6I-1, §11-6I-2, §11-6I-3, §11-6I-4, §11-6I-5, §11-6I-6, §11-6I-7, §11-6I-8, §11-6I-9, §11-6I-10 and §11-6I-11 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-21-21, §11-21-23 and §11-21-24 of said code, all relating to providing definition of "low income" for purposes of property tax relief programs; allowing only low-income taxpayers to receive the benefits of property tax relief programs; allowing those eligible for the senior citizen property tax credit programs to take both the senior citizens' tax credit for property tax paid on the first $20,000 of taxable assessed value of a homestead and the refundable credit for real property taxes paid in excess of four percent of gross household income; repealing the Senior Citizen Property Tax Deferment Act; and eliminating the senior citizen property tax deferment refundable credit.
Referred to the Committee on Finance.
By Senators Palumbo, Kessler (Acting President) and Miller:
Senate Bill No. 346--A Bill to amend and reenact §59-1-11 of the Code of West Virginia, 1931, as amended, relating to collection of fees by circuit clerks; and removing the requirement that the circuit court may charge three times the amount of actual postage when mailing documents.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senator Sypolt:
Senate Bill No. 347--A Bill to amend and reenact §38-2-36 of the Code of West Virginia, 1931, as amended, relating to permitting a person to file a bond in escrow with a court in an amount sufficient to cover a mechanic's lien.
Referred to the Committee on Labor; and then to the Committee on the Judiciary.
By Senators Laird, Unger, Snyder, Foster, Kessler (Acting President), Stollings and Klempa:
Senate Bill No. 348--A Bill to amend and reenact §62-11A-1a of the Code of West Virginia, 1931, as amended, relating to criminal procedure; and allowing certain offenders to participate in a community work program in lieu of the payment of any fines or court costs.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Laird, Snyder, Nohe, Miller and Klempa:
Senate Bill No. 349--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-43-1 and §16-43-2, all relating to requiring the inclusion of a bittering agent in coolant and antifreeze; providing exceptions; and criminal penalty.
Referred to the Committee on the Judiciary.
By Senators Minard and Stollings:
Senate Bill No. 350--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-16G-1, §33-16G-2, §33-16G-3, §33-16G-4, §33-16G-5, §33-16G-6, §33-16G-7, §33-16G-8 and §33-16G-9, all relating to an all-payer claims database; declaring purpose; defining terms; developing the database by the Insurance Commissioner, Secretary of Health and Human Resources and Chairperson of the Health Care Authority; authorizing joint emergency and legislative rules; providing for compliance with privacy laws; permitting fees and assessments to be assessed; authorizing penalties to be set by rule; authorizing injunctive relief; establishing special revenue account; and allowing other sanctions.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senators Williams, D. Facemire, McCabe, Plymale, Miller, Klempa and Sypolt:
Senate Bill No. 351--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-5, §19-2H-6, §19-2H-7, §19-2H-8, §19-2H-9, §19-2H-10, §19-2H-11, §19-2H-12, §19-2H-13, §19-2H-14 and §19-2H-15; to amend and reenact §19-29-2 of said code; to amend and reenact §20-1-2 of said code; and to amend and reenact §20-2-11 and §20-2-12 of said code, all relating to regulating captive cervid farming as an agricultural enterprise in this state; powers and duties of the Department of Agriculture; promulgation of rules; duties and obligation of the commissioner; application process; issuance, renewal, modification and transfer of a license certificate; inspection of facilities; transition of current facilities; noncompliance with article; and providing for certain criminal penalties and remedies.
Referred to the Committee on Agriculture; and then to the Committee on Finance.
By Senators Stollings and Snyder:
Senate Bill No. 352--A Bill to amend and reenact §7-3-3 of the Code of West Virginia, 1931, as amended, relating to the sale of property owned by the county commission; and authorizing a sale for adequate consideration under specific circumstances.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Klempa, Beach, Yost and Sypolt:
Senate Bill No. 353--A Bill to amend and reenact §11-13A-3a of the Code of West Virginia, 1931, as amended, relating to imposition of severance tax on privilege of severing natural gas or oil; providing for an increase of the tax on gas severed from Marcellus Shale or by fracturing if sold or transported out of the state; and providing for disposition of the increased taxes.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on Finance.
By Senators Prezioso and D. Facemire:
Senate Bill No. 354--A Bill to amend and reenact §11-15-9i of the Code of West Virginia, 1931, as amended, relating to the definition of the term "durable medical equipment".
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Beach, Kessler (Acting President), Yost and Williams:
Senate Bill No. 355--A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as amended, relating to permitting magistrates to carry concealed handguns without a permit.
Referred to the Committee on the Judiciary.
By Senators Minard, Jenkins and Stollings:
Senate Bill No. 356--A Bill to amend and reenact §33-31-1, §33-31-2, §33-31-6, §33-31-7, §33-31-8, §33-31-10, §33-31-11, §33- 31-15, §33-31-16 and §33-31-20 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §33-31-16a, all relating to captive insurance; subjecting any captive insurance company organized as a risk retention group to certain insurance code provisions; and correcting technical errors.
Referred to the Committee on Banking and Insurance.
By Senator Laird:
Senate Bill No. 357--A Bill to amend and reenact §20-2-21 of the Code of West Virginia, 1931, as amended, relating to reporting beaver and river otter taken and tagged.
Referred to the Committee on Natural Resources.
By Senators Laird and Miller:
Senate Bill No. 358--A Bill to amend and reenact §20-2-4 of the Code of West Virginia, 1931, as amended, relating to electronic registration of wildlife.
Referred to the Committee on Natural Resources.
By Senators Browning, Helmick, Kessler (Acting President), McCabe, Prezioso, Stollings, Unger, Barnes, D. Facemire, Foster, Jenkins, Plymale, Klempa, Beach, Yost and Williams:
Senate Bill No. 359--A Bill to amend and reenact §11-3-9 of the Code of West Virginia, 1931, as amended, relating to permitting property used for charitable purposes with youth service as its primary purpose to be leased or generate revenue for the nonprofit organization for intervals not longer than three weeks and twenty-six weeks total per year to be exempt from taxation.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Green, Beach, Klempa and Plymale:
Senate Bill No. 360--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-3-33, relating to the award of attorney fees by the Surface Mine Board.
Referred to the Committee on Energy, Industry and Mining; then to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Kessler (Acting President), Unger, Stollings, Plymale and Klempa:
Senate Bill No. 361--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-17-13, relating to requiring insurance companies to indicate on fire insurance customer bills the amount of increased cost that would exist if not for the existence of a local fire department.
Referred to the Committee on Banking and Insurance; and then to the Committee on Government Organization.
By Senators Prezioso, Foster, McCabe and Kessler (Acting President):
Senate Bill No. 362--A Bill to amend and reenact §11-17-3 of the Code of West Virginia, 1931, as amended, relating to increasing the excise tax on cigarettes and all other tobacco products; establishing a special revenue account; and designating where the additional revenues are to be transferred.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
Senators Wells, Unger, Snyder, Jenkins, Browning, Kessler (Acting President), McCabe, Stollings, Plymale, Prezioso, Miller, Laird, Palumbo, Klempa, Beach, Yost, Williams and Sypolt offered the following resolution:
Senate Resolution No. 16--Honoring Adjutant General Allen E. Tackett for his service and dedication to his state and country.
Whereas, Adjutant General Allen E. Tackett joined the WV National Guard as a Private in the 19th Special Forces Group on January 20, 1963; and
Whereas, Adjutant General Allen E. Tackett was commissioned as an officer in 1967, after attending the Ft. Benning Officer Candidate School where he is in the Hall of Fame; and
Whereas, Adjutant General Allen E. Tackett brought more than $2.8 billion federal investment to West Virginia since 1997; and
Whereas, Adjutant General Allen E. Tackett added more than 1,000 full-time jobs, more than doubling the National Guard's workforce; and
Whereas, Adjutant General Allen E. Tackett grew the WV National Guard from 24th in the nation in readiness to 1st in the nation in 18 months and has remained at or near the top for 15 consecutive years; and
Whereas, Adjutant General Allen E. Tackett has helped thousands of young West Virginians attend college through the National Guard tuition assistance program - 43% of Guard members either have a degree or are in college; and
Whereas, Adjutant General Allen E. Tackett, during his tenure, secured more than $800 million dollars to modernize National Guard facilities and add infrastructure around the state; and
Whereas, Adjutant General Allen E. Tackett developed the Joint Interagency Training and Education Center, which includes the Memorial Tunnel complex on the West Virginia Turnpike and training facilities at Camp Dawson - nationally-renowned homeland defense programs that provide training for emergency responders around the world; and
Whereas, Adjutant General Allen E. Tackett served during the administrations of five governors of both political parties; and
Whereas, Adjutant General Allen E. Tackett is currently the longest serving adjutant general in the nation and the longest serving in state history; and
Whereas, Adjutant General Allen E. Tackett was recently named both a Distinguished West Virginian by the Governor and West Virginian of the Year by the Charleston Gazette; and
Whereas, Adjutant General Allen E. Tackett was often referred to by the late Senator Robert C. Byrd as "the greatest general since Hannibal"; and
Whereas, Adjutant General Allen E. Tackett created "generational change" in the National Guard and West Virginia, and is described by West Virginia Guard members as "a soldier's general"; therefore, be it
Resolved by the Senate:
That the Senate hereby honors Adjutant General Allen E. Tackett for his service and dedication to his state and his country; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Adjutant General Allen E. Tackett.
At the request of Senator Wells, 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 McCabe, and by unanimous consent, the remarks by Senator Wells regarding the adoption of Senate Resolution No. 16 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 resumed business under the sixth order.
Senators Unger,
Snyder, Kessler (Acting President), McCabe, Stollings, Plymale, Prezioso, Klempa and Yost offered the following resolution:
Senate Resolution No. 17--Recognizing
Leadership Berkeley for its service, dedication and commitment to Berkeley County.
Whereas, The objective of Leadership Berkeley is to promote knowledge and awareness of the problems, opportunities and issues facing Berkeley County; and
Whereas, Leadership Berkeley is designed to provide a series of educational and participatory experiences, as well as an opportunity for dialogue and the development of a correlation among participants in order to encourage local participation in the growth of Berkeley County; and
Whereas, The membership of Leadership Berkeley includes individuals from nearly every facet of Berkeley County's business, professional, religious, governmental, educational, civic, the arts, organized labor and minority organizations who demonstrate a commitment to the community; and
Whereas, The 2011 membership of Leadership Berkeley consists of Billie Jo Bagnell, Royce Too LLC; Louise O. Black, Blue Ridge Community and Technical College; Michele A. Bouie, VA Medical Center; Clifton D. Browning, B.C. Public Service Sewer District; Angela J. Clark, Mountain State University; Tamilyn H. Clark, City National Bank; Ben J. Crawley-Woods, Martin & Seibert, L.C.; David A. Erwin, VA Medical Center; Rob C. Evans; Dana L. Fogle, CoxHollidaPrice, LLP; Eric D. Gantt, Gantt's Excavating & Contracting, Inc.; Leslie L. Gantt, Gantt's Excavating & Contracting, Inc., Jonathan H. Gavlinski, Ecolab; Stephanie R. Godley, Berkeley County Development Authority; Keith E. Hirsch, Essroc Italcementi Group; Mike C. Hornby, Hornby Publishing/Around the Panhandle Magazine; Amy L. Hussion, Susquehanna Bank; Karen L. Kisner, Panhandle Home Health, Inc.; Jodi L. Miller, VA Medical Center; Selwyn G. Persad, City Hospital; Daniele Piasecki, Daniele Piasecki Photography; Amber N. Ritchie, The Kelley Insurance Agency; Stacie E. Rohn, Eastern Panhandle Free Clinic; Mary Catherine Slemenda, Prettyman Broadcasting Company; Brenda K. Spaulding, City of Martinsburg; and Anne L. Wilmoth, Blue Ridge Community & Technical College; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes Leadership Berkeley for its service, dedication and commitment to Berkeley County; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials of Leadership Berkeley.

At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Unger, the Senate recessed for one minute.
At expiration of the recess, the Senate reconvened and, at the request of Senator Boley, unanimous consent being granted, returned to the second order of business and the introduction of guests.
The Senate proceeded to the seventh order of business.

Senate Concurrent Resolution No. 12, Requesting bridge over Greenbrier River, near Hinton, be named "Ralph Lewis Boone Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 13,
Requesting DOH name State Route 3, between Yawkey and Julian, "LCPL Rodney A. Breedlove Memorial Highway KIA Vietnam 1967".
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. 14,
Requesting DOH name bridge in Whitesville crossing Big Coal River, "CPL Charles 'Mitchell' Hannah 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. Com. Sub. for Senate Bill No. 200, Correcting names of state institutions of higher education.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--32.
The nays were: None.
Absent: Fanning and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 200) 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, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--32.
The nays were: None.
Absent: Fanning and Tomblin (Mr. President)--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 200) takes effect from passage.
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. 93, Relating to escape from custody of Division of Juvenile Services.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 184, Relating to disposition of remains of military service member who dies while serving in military.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 192, Protecting consumers from price gouging and unfair pricing practices.
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. 213, Relating to crimes using computers, telephones and electronic devices.
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. 216, Modifying definition "imminent danger to physical well-being of a child".
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 63, Relating to Board of Pharmacy and controlled substances.
On first reading, coming up in regular order, was read a first time and ordered to second reading.

The Senate then proceeded to the thirteenth order of business.
Senator Klempa called attention to today being the birthday of the junior senator from Kanawha and on behalf of the Senate extended felicitations and good wishes to Senator Foster with Senator Klempa leading the members in singing "Happy Birthday".
On motion of Senator Unger, leaves of absence for the day were granted Senators Tomblin (Mr. President) and Fanning.
Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules, and majority and minority party caucuses,
On motion of Senator Unger, the Senate adjourned until tomorrow, Tuesday, February 1, 2011, at 11 a.m.
____________

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