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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2012

TWENTY-SEVENTH DAY

____________

Charleston, W. Va., Monday, February 6, 2012

    The Senate met at 1 p.m.

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

    Prayer was offered by Nancy Stevens, Chaplain, Huttonsville Correctional Center, Huttonsville, West Virginia.

    On motion of Senator Unger, the Senate recessed for five minutes to permit Vincent de Paul Schmidt, Superintendent of Catholic Schools for the Roman Catholic Diocese of Wheeling-Charleston to address the Senate. St. Agnes School’s third grade class, Charleston, West Virginia, then offered prayer and led the Senate in the recitation of the Pledge of Allegiance.

    Upon expiration of the recess, the Senate reconvened.

    Pending the reading of the Journal of Friday, February 3, 2012,

    On motion of Senator Hall, 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 amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to

    Eng. Com. Sub. for Senate Bill No. 165, Creating criminal offense of sexual contact on incarcerated persons by correctional employees.

    On motion of Senator Unger, the message on the bill was taken up for immediate consideration.

    The following House of Delegates amendments to the bill were reported by the Clerk:

    By striking out everything after the enacting clause and inserting in lieu thereof the following:

    That §61-8B-2 and §61-8B-10 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:

ARTICLE 8B. SEXUAL OFFENSES.

§61-8B-2. Lack of consent.

    (a) Whether or not specifically stated, it is an element of every offense defined in this article that the sexual act was committed without the consent of the victim.

    (b) Lack of consent results from:

    (1) Forcible compulsion; or

    (2) Incapacity to consent; or

    (3) If the offense charged is sexual abuse, any circumstances in addition to the forcible compulsion or incapacity to consent in which the victim does not expressly or impliedly acquiesce in the actor's conduct.

    (c) A person is deemed incapable of consent when such person is:

    (1) Less than sixteen years old; or

    (2) Mentally defective; or

    (3) Mentally incapacitated; or

    (4) Physically helpless; or

    (5) Subject to confinement or supervision by a state or local government entity, when the actor is a person prohibited from having sexual intercourse, or causing sexual intrusion or sexual contact pursuant to subsections (a) and (b) of section ten of this article.

§61-8B-10. Imposition of sexual acts on persons incarcerated or under supervision; penalties.

    (a) Any person employed by the Division of Corrections, any person working at a correctional facility managed by the Commissioner of Corrections pursuant to contract or as an employee of a state agency, any person working at a correctional facility managed by the Division of Juvenile Services pursuant to contract or as an employee of a state agency, any person employed by a jail or by the Regional Jail and Correctional Facility Authority, any person working at a facility managed by the Regional Jail and Correctional Facility Authority or a jail or any person employed by, or acting pursuant to, the authority of any sheriff, county commission or court to ensure compliance with the provisions of article eleven-b, chapter sixty-two of this code who engages in sexual intercourse, or sexual intrusion or sexual contact with a person who is incarcerated in this state is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility under the control of the Commissioner of Corrections for not less than one nor more than five years or fined not more than $5,000.

    (b) Any person employed by the Division of Corrections as a parole officer or by the West Virginia Supreme Court of Appeals as an adult or juvenile probation officer who engages in sexual intercourse, or sexual intrusion or sexual contact with a person said parole officer or probation officer is charged as part of his or her employment with supervising, is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility under the control of the Commissioner of Corrections for not less than one nor more than five years or fined not more than $5,000, or both.

    (c) The term “incarcerated in this state” for purposes of this section includes in addition to its usual meaning, offenders serving a sentence under the provisions of article eleven-b, chapter sixty-two of this code.

    (d) Authorized pat-down, strip search or other security related tasks does not constitute sexual contact pursuant to this section.;

    And,

    By striking out the title and substituting therefor a new title, to read as follows:

    Eng. Com. Sub. for Senate Bill No. 165--A Bill to amend and reenact §61-8B-2 and §61-8B-10 of the Code of West Virginia, 1931, as amended, all relating to prohibiting sexual acts between persons who are incarcerated, on probation or parole with state and local jail, correctional, probation and parole employees or contractors; prohibiting sexual contact; removing consent of victim as a defense for criminal acts; and establishing criminal penalties.

    On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.

    Engrossed Committee Substitute for Senate Bill No. 165, as amended by the House of Delegates, was then put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 165) passed with its House of Delegates amended title.

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

    The Senate proceeded to the fourth order of business.

    Senator Yost, from the Committee on Military, submitted the following report, which was received:

    Your Committee on Military has had under consideration

    Senate Bill No. 152, Relating to unemployment benefits for certain spouses of military personnel.

    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,

                               Jack Yost,

                                 Vice Chair.

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

    Senator Browning, from the Committee on Economic Development, submitted the following report, which was received:

    Your Committee on Economic Development has had under consideration

    Senate Bill No. 466, Creating Alternative Coal Slurry Disposal Act.

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

    Com. Sub. for Senate Bill No. 466 (originating in the Committee on Economic Development)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13CC-1, §11-13CC-2, §11-13CC-3, §11-13CC-4, §11-13CC-5 and §11-13CC-6, all relating to coal slurry disposal; providing short title; providing legislative findings and purpose; defining terms; establishing a corporate net income tax credit for developing alternative technologies for disposal of coal slurry; requiring Tax Commissioner to propose legislative rules; and providing effective date.

    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,

                               Richard Browning,

                                 Chair.

    The bill (Com. Sub for S. B. No. 466), under the original double committee reference, was then referred to the Committee on Finance.

    Senator Browning, from the Committee on Economic Development, submitted the following report, which was received:

    Your Committee on Economic Development has had under consideration

    Senate Bill No. 487, Creating Coalbed Methane Gas Distribution Fund.

    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,

                               Richard Browning,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Economic Development pending.

    Senator Yost, from the Committee on Military, submitted the following report, which was received:

    Your Committee on Military has had under consideration

    Senate Resolution No. 15, Urging Governor appropriate funds for State Veterans Nursing Home in Beckley, Raleigh County.

    And reports the same back with the recommendation that it be adopted.

                             Respectfully submitted,

                               Jack Yost,

                                 Vice Chair.

    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

    House Concurrent Resolution No. 2, The “PVT Ervin L. Arnold Memorial Bridge”.

    House Concurrent Resolution No. 3, The “Warrant Officer Dale Shaheen Memorial Bridge”.

    House Concurrent Resolution No. 4, The “Gordon M. Sorrell Memorial Bridge”.

    House Concurrent Resolution No. 5, The “Adkins Brothers Memorial Road” .

    House Concurrent Resolution No. 11, The “Cpl. Druey L. Hatfield Memorial Bridge”.

    House Concurrent Resolution No. 12, The “Cpl. Robert F. Lohr Memorial Bridge”.

    House Concurrent Resolution No. 13, The “Reverend Glenn White Jr. Bridge”.

    House Concurrent Resolution No. 14, The “LCPL Danny M. Greene Memorial Bridge”.

    House Concurrent Resolution No. 17, The “Chester William Fields Sr. Memorial Bridge”.

    House Concurrent Resolution No. 25, The “Samuel L. 'Monty' Shelton Memorial Bridge”.

    House Concurrent Resolution No. 27, Including West Virginia Route 80 in Mingo County as a Blue Star Memorial Highway.

    House Concurrent Resolution No. 31, The “GMGC Bobby Lee Jarrell United States Navy Memorial Bridge”.

    House Concurrent Resolution No. 41, The “Sgt. Dewey Marcum Memorial Bridge”.

    And,

    House Concurrent Resolution No. 42, The “Staff Sergeant Sidney H. Blankenship 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 Stollings, Foster, Edgell, Prezioso, Kessler (Mr. President), Barnes, Yost and Jenkins:

    Senate Bill No. 514--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-9D-11, relating to providing that any person who maintains a roll-your-own cigarette machine at a retail establishment is deemed a manufacturer of cigarettes and that the resulting product is deemed to be cigarettes sold to a consumer for purposes of this article nine-d, article nine-b, chapter sixteen, article seventeen, chapter eleven and article twenty-five, chapter forty-seven of this code.

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

    By Senator Foster:

    Senate Bill No. 515--A Bill to amend and reenact §8-22-18a and §8-22-19a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §8-22-18c, all relating to strengthening authority of the West Virginia Municipal Pensions Oversight Board; and clarifying practices.

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

    By Senators K. Facemyer and Unger:

    Senate Bill No. 516--A Bill to amend and reenact §60-2-16 of the Code of West Virginia, 1931, as amended, relating to the state control of alcoholic liquors; the Alcohol Beverage Control Commissioner; and requiring training of all persons who serve alcoholic beverages.

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

    By Senators K. Facemyer and Unger:

    Senate Bill No. 517--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §25-8-1, §25-8-2, §25-8-3 and §25-8-4, all relating to creating the Community Gardens Work Release Act of 2012; establishing a community gardens work release program; stating findings; authorizing the Division of Corrections to provide the labor force and contract with state and local governmental and other agencies for participation; and proposal of rules governing the program utilizing male and female inmates and confined juvenile or youthful offenders of this state for the purposes of projects contemplated by this article.

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

    By Senators Palumbo, Foster, Jenkins, Klempa, Browning and Williams:

    Senate Bill No. 518--A Bill to amend and reenact §6-5-5 of the Code of West Virginia, 1931, as amended, relating to matters affecting the right to hold office; and prohibiting certain persons from being elected or appointed to positions under the laws of the State of West Virginia.

    Referred to the Committee on the Judiciary.

    By Senators Laird, Beach, Unger, Klempa, Foster, Browning and Plymale:

    Senate Bill No. 519--A Bill to repeal §17B-3-3c of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §17B-3-14; and to amend and reenact §17B-4-3 of said code, 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.

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

    By Senators Browning, Kessler (Mr. President), Unger, Klempa, Palumbo and Kirkendoll:

    Senate Bill No. 520--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to establishing a modification reducing federal adjusted gross income for recent graduates of higher education institutions; providing for the promulgation of rules by the Tax Commissioner for such purpose; and requiring the Tax Commissioner to report to the Joint Committee on Government and Finance as to the effectiveness of the modification.

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

    By Senators Prezioso and Snyder:

    Senate Bill No. 521--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-27, relating to the subrogation rights of the Public Employees Insurance Agency to recover claims paid on behalf of covered employees and dependents.

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

    By Senators Kessler (Mr. President), Unger, Beach, Jenkins, Yost, Klempa, Browning, D. Facemire, Plymale and Williams:

    Senate Bill No. 522--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18B-11C-1, §18B-11C-2, §18B-11C-3, §18B-11C-4, §18B-11C-5 and §18B-11C-6, all relating to the creation of the Shale Research, Education, Policy and Economic Development Center at West Virginia University.

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

    By Senator Palumbo:

    Senate Bill No. 523--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §38-15-1, §38-15-2, §38-15-3, §38-15-4, §38-15-5, §38-15-6, §38-15-7, §38-15-8, §38-15-9, §38-15-10, §38-15-11, §38-15-12, §38-15-13 and §38-15-14, all relating to creating the Commercial Real Estate Broker Lien Act; defining terms; creating and specifying when a broker lien attaches to commercial real estate; establishing lien notice requirements; adding certain requirements relating to satisfactory standards regarding a claim for a lien; requiring any lien claimant to mail a copy of the notice of the lien to the owner; specifying enforcement procedures; creating procedures for filing a complainant and pursuing a foreclosure action; providing for lien claimant failing to file suit or answer in pending suit; requiring satisfaction or release of lien and discharge of lien in certain situations; establishing requirements for contracts for broker services; and requiring the costs and attorney fees of a proceeding to be paid by the nonprevailing party.

    Referred to the Committee on the Judiciary.

    By Senators Stollings, Unger, Jenkins, Klempa, Browning, Laird and Foster:

    Senate Bill No. 524--A Bill to amend and reenact §60A-9-5 and §60A-9-7 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §60A-9-5a, all relating generally to requiring various boards that regulate professions with prescriptive authority to require persons licensed by the board to conduct an initial search of the Controlled Substance Monitoring Program database when prescribing a course of treatment that includes prescribing of pain-relieving controlled substances and an annual search of the Controlled Substance Monitoring Program database for certain patients; and setting forth penalties.

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

    By Senator Foster:

    Senate Bill No. 525--A Bill to amend and reenact §33-3-14d of the Code of West Virginia, 1931, as amended, relating to allocation of proceeds of additional fire and casualty insurance premium tax.

    Referred to the Committee on Banking and Insurance.

    By Senators Unger and Klempa:

    Senate Bill No. 526--A Bill to amend and reenact §11-22-2 of the Code of West Virginia, 1931, as amended, relating to redistributing an existing excise tax paid upon the transfer of real property so that the tax is paid to the county where the property is situate instead of to the state; requiring counties to dedicate this excise tax to support regional jails and substance abuse programs; providing this be accomplished incrementally over a five-year period; and making stylistic changes.

    Referred to the Committee on Finance.

    By Senators Williams and Miller:

    Senate Bill No. 527--A Bill to repeal §19-18-4, §19-18-5, §19-18-6, §19-18-7, §19-18-8, §19-18-9, §19-18-10, §19-18-11 and §19-18-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §19-18-1, §19-18-2 and §19-18-3 of said code, all relating to the general livestock trespass law; prohibiting livestock from trespassing; clarifying damages that may be recovered; permitting containment of livestock; requiring owner of trespassing livestock be notified; requiring containment costs be negotiated; permitting containment costs to be recovered in court; permitting the sheriff to take possession of unclaimed livestock; permitting unclaimed livestock be sold at auction; setting forth how the proceeds of a livestock sale shall be distributed; establishing misdemeanor penalties and fines; and permitting restitution.

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

    Senators Laird, Kessler (Mr. President), Unger, Jenkins, Yost, Klempa, Foster, Plymale, Prezioso and Williams offered the following resolution:

    Senate Resolution No. 23--Designating February 6, 2012, as “Corrections Day”.

    Whereas, The West Virginia Division of Corrections, the Regional Jail Authority, and the Division of Juvenile Services are committed to enhance public safety by providing safe, secure and humane facilities, operating an effective system of offender re-entry and community supervision, reducing offender recidivism and assisting victims of crime; and

    Whereas, The West Virginia Division of Corrections, the Regional Jail Authority, and the Division of Juvenile Services are further committed to providing effective beneficial services that promote positive development and accountability while preserving community safety and sustaining a work environment predicated upon principles of professionalism, with dignity and respect for all; and

    Whereas, It is the vision of these agencies to be recognized as innovative leader in providing quality correctional services; and

    Whereas, The adult and juvenile correctional population continues to expand and it is important for agency representatives and policymakers to appreciate the nature and magnitude of the growth; and

    Whereas, Previous information provided to this body should assist public officials and agency representatives in planning for the future and developing policies for the management of the West Virginia correctional population, both adult and juvenile, as well as providing adequate pay, benefits, and a safe secure workplace for the employees in the correctional system; therefore, be it

    Resolved by the Senate:

    That the Senate hereby designates February 6, 2012, as “Corrections Day”; and, be it

    Further Resolved, That the Senate hereby recognizes the exceptional service and commitment of the employees of the Division of Corrections, the Regional Jail Authority and the Division of Juvenile Services; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials of the Division of Corrections, the Regional Jail Authority and the Division of Juvenile Services.

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

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

    Upon expiration of the recess, the Senate reconvened and proceeded to the eighth order of business.

    Eng. Com. Sub. for Com. Sub. for Senate Bill No. 211, Creating traffic offenses for texting or using handheld wireless communication device while driving.

    On third reading, coming up in regular order, was read a third time and put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 211) 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. 360, Granting personal property purchaser at foreclosure sale right of disposal with notice.

    On third reading, coming up in regular order, was read a third time and put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 360) 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. 429, Relating to motor vehicle classifications.

    On third reading, coming up in regular order, was read a third time and put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 429) 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. 436, Facilitating collaboration between public school and higher education systems to promote seamless curricula.

    On third reading, coming up in regular order, was read a third time and put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 436) 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, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    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. 436) takes effect from passage.

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

    Eng. Senate Bill No. 470, Requiring medical examination by member's physician for TRS disability annuity.

    On third reading, coming up in regular order, was read a third time and put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 470) 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 House Bill No. 4078, Extending certain deadlines for mandated actions regarding higher education personnel.

    On third reading, coming up in regular order, was read a third time and put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4078) passed.

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

    Eng. Com. Sub. for House Bill No. 4078--A Bill to amend and reenact §18B-2A-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18B-9A-9, all relating to the higher education policy commission and council for community and technical college education; directing institutional boards of governors to cooperate with West Virginia Network for Educational Telecomputing in certain data-related operations; requiring certain reports and providing certain privacy protections; setting forth certain penalties for noncompliance; modifying dates; changing the date for a certain calculation; and extending certain deadlines for mandated actions regarding higher education personnel.

    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, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4078) 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. 191, Relating to personal safety orders.

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

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

    Com. Sub. for Senate Bill No. 222, Creating criminal offense for interfering with emergency service call.

    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:

    Senate Bill No. 54, Relating to minors obtaining tattoos; parental consent.

    Com. Sub. for Senate Bill No. 253, Authorizing DEP promulgate legislative rules.

    Senate Bill No. 414, Expanding definition of "medical services applicant" under Volunteer for Nonprofit Youth Organizations Act.

    Com. Sub. for Senate Bill No. 427, Conforming state administrative remedies for prisoners with Department of Justice standards.

    And,

    Com. Sub. for Senate Bill No. 434, Providing suggestion and suggestee execution contain certain information.

    The Senate proceeded to the twelfth order of business.

    Remarks were made by Senators Unger, K. Facemyer, Snyder and Klempa.

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

    At the request of Senator Yost, unanimous consent being granted, the remarks by Senator Klempa were ordered printed in the Appendix to the Journal.

    The Senate proceeded to the thirteenth order of business.

    Senator Unger called attention to yesterday, Sunday, February 5, 2012, being the birthday of the senator from Kanawha and on behalf of the Senate extended felicitations and good wishes to Senator Wells, with Senator Klempa leading the members in singing "Happy Birthday".

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Tuesday, February 7, 2012, at 11 a.m.

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