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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2012

THIRTY-EIGHTH DAY

____________

Charleston, W. Va., Friday, February 17, 2012

    The Senate met at 11 a.m.

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

    Prayer was offered by the Reverend Tom Bias, Retired Baptist Minister, Danville, West Virginia.

    Pending the reading of the Journal of Thursday, February 16, 2012,

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

    On motion of Senator Unger, the Senate recessed for five minutes to permit Garrett Hunter to address the Senate on behalf of the Frasure-Singleton Student Legislative Program.

    Upon expiration of the recess, the Senate reconvened and proceeded to the second order of business and the introduction of guests.

    The Senate then proceeded to the third order of business.

    A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of

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

    A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of

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

    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. House Bill No. 4087--A Bill to amend and reenact §11-13A-3b of the Code of West Virginia, 1931, as amended, relating to the severance and business privilege tax; and continuing the discontinuance of the severance and business privilege tax on the privilege of severing timber.

    Referred 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. 4422--A Bill to amend and reenact §21-3D-1, §21-3D-2, §21-3D-3, §21-3D-4 and §21-3D-9 of the Code of West Virginia, 1931, as amended, all relating to crane operator certification; redefining the term “crane”; expanding the type of equipment for which certification is required to operate; requiring adherence to standards established by the Occupational Safety and Health Administration of the United States Department of Labor; eliminating the dual classification system as of November 10, 2014; authorizing the Commissioner of Labor to issue notices to cease and desist unlawful practices; authorizing the Commissioner of Labor to apply to the circuit court for injunctive relief; limiting reciprocity provisions; and deleting obsolete provisions.

    Referred to the Committee on Government Organization.

    The Senate proceeded to the fourth order of business.

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

    Your Committee on the Judiciary has had under consideration

    Senate Joint Resolution No. 9, Proposing constitutional amendment designated Boy Scouts Tax Exemption Support Amendment.

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

    Com. Sub. for Senate Joint Resolution No. 9 (originating in the Committee on the Judiciary)--Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof by adding thereto a new section, designated section twelve, relating to exempting certain nonprofit youth organizations, including the Boy Scouts of America and its affiliates, from taxation on property owned by the organization which is leased or used to support the organization; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    The resolution (Com. Sub. for S. J. R. No. 9), 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. 12, Authorizing operation of low-speed vehicles in municipalities.

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

    Com. Sub. for Senate Bill No. 12 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §17A-3-2 of the Code of West Virginia, 1931, as amended, relating to the use of low-speed vehicles in municipalities; and authorizing municipalities to allow, by ordinance, the operation of low-speed vehicles on roads in municipalities with speed limits over twenty-five miles per hour and less than thirty-five miles per hour.

    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. 113, Observing week in which December 7 falls as Pearl Harbor and Military Appreciation week.

    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. 145, Providing student's silence or inaction is not assent to health insurance coverage offered by higher education institution.

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

    Com. Sub. for Senate Bill No. 145 (originating in the Committee on Education)--A Bill to amend and reenact §18B-10-1 of the Code of West Virginia, 1931, as amended, relating to allowing students to opt out of institutional insurance coverage in certain circumstances.

    Senate Bill No. 371, Providing school system under declared state of emergency participate as innovation zone pilot project.

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

    Com. Sub. for Senate Bill No. 371 (originating in the Committee on Education)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5B-3a, relating to allowing flexibility within county school systems; authorizing the State Board of Education to select a county school system to serve as a county innovation zone pilot project; giving McDowell County first opportunity to submit application; authorizing the State Board of Education to promulgate rules and emergency rules; providing the procedure and criteria for application and selection as a county innovation zone; requiring the development of county innovation zone plans and setting forth their contents; requiring meeting to develop plan; requiring meeting to educate employees about the plan; requiring vote to determine level of school employee support; requiring a public meeting to obtain feedback; permitting exceptions from county and state board rules, policies and interpretations; permitting exceptions from statutes subject to legislative approval; allowing revision and resubmission of approved plan; requiring annual performance reviews and reports; permitting the posting of certain teaching vacancies; and including, for an innovation zone and to the extent applicable, any land and infrastructure needs in the land use master plan and authorizing Tug River Health Association, Inc. to work with county board in addressing health, wellness and fitness needs.

    And,

    Senate Bill No. 568, Relating to college and career readiness initiative.

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

    Com. Sub. for Senate Bill No. 568 (originating in the Committee on Education)--A Bill to repeal §18-2E-5c of the Code of West Virginia, 1931, as amended; to amend and reenact §18-1-4 of said code; to amend and reenact §18-2-23a of said code; to amend said code by adding thereto a new section, designated §18-2-39; and to amend and reenact §18-2E-5 of said code, all relating to college and career readiness; requiring the State Board of Education, the Higher Education Policy Commission and the Council for Community and Technical College Education to collaborate in formally adopting uniform and specific college and career readiness standards for English/language arts and math; setting forth methods for determining whether students have met the college and career readiness standards; requiring that an explicit focus be embedded in each course on the development of English/language arts and math skills; requiring a twelfth-grade transitional course for both English/language arts and math for students not on track to be college ready; requiring professional development on teaching the college and career readiness standards be included in the state board’s goals for professional staff development and ultimately in its Master Plan for Professional Staff Development; requiring the state board to require all teacher preparation programs in the state to include appropriate training for teachers teaching in at least grades eight through twelve on how to teach the adopted standards; requiring the use of certain assessments, exams or tests, as applicable, to determine whether a student is to enroll in a remedial course or be placed immediately in a college-level introductory course; requiring accountability for increasing the percentage of students who meet the standards and for increasing the percentage of students who are making adequate progress toward meeting the standards; deleting requirement that a school or school system that achieves adequate yearly progress is eligible for no less than full accreditation or approval status as applicable; and eliminating obsolete Process for Improving Education Council.

    With the recommendation that the three committee substitutes do pass.

                             Respectfully submitted,

                               Robert H. Plymale,

                                 Chair.

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Com. Sub. for Senate Bill No. 185, Relating to Employee Suggestion Award Program.

    And,

    Com. Sub. for Senate Bill No. 468, Allowing Courthouse Facilities Improvement Authority issue bonds.

    And reports the same back with the recommendation that they each do pass.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

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

    Your Committee on the Judiciary has had under consideration

    Com. Sub. for Senate Bill No. 369, Permitting Deputy Sheriff Retirement System retirants to modify benefit options upon divorce.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    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. 437, Relating generally to substance abuse.

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

    Com. Sub. for Senate Bill No. 437 (originating in the Committee on Health and Human Resources)--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 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, §60A-9-5 and §60A-9-7 of said code; to amend said code by adding thereto three new sections, designated §60A-9-4a, §60A-9-5a and §60A-9-8; to amend and reenact §60A-10-3, §60A-10-4, §60A-10-5, §60A-10-7, §60A-10-8 and §60A-10-11 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; 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; providing for notice requirements to applicable licensing boards; requiring rules for the licensure of pain management clinics; removing requirement of certain licensed or certified health care professionals to complete continuing education course work on the subject of end-of-life care; requiring certain licensed or certified health care professionals to complete drug diversion training and best practice prescribing of controlled substances training; requiring certain licensing boards to establish 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; clarifying certain circumstances that do not establish a valid practitioner-patient relationship; requiring certain persons to submit information to the Controlled Substances Monitoring Program database within twenty-four hours; requiring additional information to be submitted to the Controlled Substances Monitoring Program database; clarifying that reporting is required for certain amounts of drugs dispensed to patients; requiring verification of certain information reported to the Controlled Substances Monitoring Program database; providing certain requirements and training for law-enforcement officials in order to access the Controlled Substance Monitoring Program database; permitting the Controlled Substance Monitoring Program Database Review Committee to query the Controlled Substance Monitoring Program database; requiring the Board of Pharmacy to review the Controlled Substance Monitoring Program database in order to issue certain reports; permitting the Board of Pharmacy to share certain information contained in the Controlled Substance Monitoring Program database with the Department of Health and Human Resources; requiring the Board of Pharmacy to establish an advisory committee; setting forth the membership of the 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; setting forth the membership of the 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; requiring the Board of Pharmacy to provide annual reports to the Legislature; 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; setting forth penalties for failing to search the Controlled Substance Monitoring Program database in certain circumstances; establishing a felony offense and penalties for unauthorized access, use or disclosure of information contained in the Controlled Substance Monitoring Program database; creating Fight Substance Abuse Fund and setting forth permissible uses for fund; defining terms and updating 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 offer of patient counseling by a pharmacist upon 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; providing for law-enforcement access to information pertaining to the sale of certain substances; 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 to law enforcement; requiring the West Virginia State Police to submit an annual report with data and statistics on methamphetamine use, production and distribution; and requiring the chief medical officer to provide notice to the Controlled Substance Monitoring Program Database Review Committee in the case of a death caused by overdose.

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

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 437), under the original double committee reference, was then referred to the Committee on the Judiciary.

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Com. Sub. for Senate Bill No. 478 (originating in the Committee on Natural Resources), Creating apprentice hunting and trapping license.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 478 (originating in the Committee on Finance)--A Bill to amend and reenact §20-2-30a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §20-2-42y, all relating to creating apprentice hunting and trapping licenses; exempting hunter training requirements for apprentice hunting and trapping licenses; and establishing penalties.

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Senate Bill No. 526, Redistributing excise tax on transfer of real property to counties.

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

    Com. Sub. for Senate Bill No. 526 (originating in the Committee on Finance)--A Bill to amend and reenact §11-22-2 of the Code of West Virginia, 1931, as amended, relating to authorizing counties to impose an additional excise tax upon the transfer of real property; and requiring counties to dedicate this additional excise tax to support regional jails and substance abuse programs.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Senate Bill No. 555, Providing contractor exception to sales and use tax exemption for certain nonprofit youth organization.

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

    Com. Sub. for Senate Bill No. 555 (originating in the Committee on Finance)--A Bill to amend and reenact §11-15-8d of the Code of West Virginia, 1931, as amended, relating to adding an exception to the limitation on the right of a contractor to assert sales and use tax exemptions of a purchaser when the purchaser is a nonprofit youth organization.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

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

    Your Committee on Military has had under consideration

    Senate Bill No. 603, Establishing entity for operation of morale, welfare and recreation military facilities.

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

                             Respectfully submitted,

                               Erik P. Wells,

                                 Chair.

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Senate Concurrent Resolution No. 35, Requesting Joint Committee on Government and Finance study municipal property tax distribution.

    And has amended same.

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

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

    At the request of Senator Plymale, unanimous consent being granted, the Senate returned to the second order of business and the introduction of guests.

    The Senate then proceeded to the sixth order of business.

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

    By Senator Plymale:

    Senate Bill No. 622--A Bill to amend and reenact §18-7B-11 of the Code of West Virginia, 1931, as amended, relating to Teachers’ Defined Contribution Retirement System; terminating membership; and exception.

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

    By Senator Sypolt:

    Senate Bill No. 623--A Bill to amend and reenact §24-2-2 of the Code of West Virginia, 1931, as amended, relating generally to the power of the Public Service Commission to regulate public utilities; and requiring reduced capital improvements fees under certain circumstances.

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

    By Senators Browning, Unger, McCabe, Williams, Klempa and Stollings:

    Senate Bill No. 624--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-6D-10, relating to permitting the transfer of tax credits for the purchase of alternative-fuel vehicles, the conversion to an alternative-fuel vehicle or the construction of alternative-fuel vehicle infrastructure.

    Referred to the Committee on Economic Development; and then to the Committee on Finance.

    By Senators Kessler (Mr. President), Boley, Edgell, Hall, Jenkins, Klempa, McCabe, Plymale, Yost, Browning and Foster:

    Senate Bill No. 625--A Bill to amend and reenact §11-6F-2 of the Code of West Virginia, 1931, as amended, relating to designating certain property as qualified capital addition to a manufacturing facility; and reducing the disincentive for capital investment.

    Referred to the Committee on Economic Development; and then to the Committee on Finance.

    By Senators McCabe and Foster:

    Senate Bill No. 626--A Bill to amend and reenact §21-3-19 of the Code of West Virginia, 1931, as amended, relating to exempting certain employers from discriminating against tobacco users.

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

    By Senators Snyder, D. Facemire, Edgell, Browning, Kessler (Mr. President), Unger, Miller, Barnes, Klempa, Green and Plymale:

    Senate Bill No. 627--A Bill to amend and reenact §15-2-5 and §15-2-7 of the Code of West Virginia, 1931, as amended, relating to the State Police; increasing the salary of forensic lab employees $10,000 per year; and increasing the salary of general civilian employees $4,000 per year.

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

    By Senators Unger, Snyder, Hall, Browning, Kessler (Mr. President) and Klempa:

    Senate Bill No. 628--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §3-8-2c, relating to funding for state executive party headquarters; defining terms; allowing funds to be raised; providing for allowable uses of the funds and prohibitions; requiring reports; and requiring legislative rules.

    Referred to the Committee on the Judiciary.

    By Senators Kirkendoll, Unger, Browning and Klempa:

    Senate Bill No. 629--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13CC-1 and §11-13CC-2, all relating to the establishment of a tax credit for improvements to Class II residential property; limiting the tax credit to $500 per year; providing for a carryover; and granting rule-making authority.

    Referred to the Committee on Finance.

    By Senators Plymale, McCabe, Browning, Kessler (Mr. President), Unger, Miller, Tucker and Stollings:

    Senate Bill No. 630--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-2A-8d, relating to directing the Commissioner of Highways to conduct a study on alternative revenue mechanisms for development and maintenance of state roads and highways; making legislative findings and specifying intent; specifying study design; authorizing pilot projects and interagency cooperation; and requiring report and recommendations by certain date.

    Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Government Organization.

    By Senators Beach, Kessler (Mr. President) and Williams:

    Senate Bill No. 631--A Bill to amend and reenact §7-22-9 of the Code of West Virginia, 1931, as amended, relating to permitting the Monongalia County commission to levy a special district excise tax for the benefit of the University Towne Center which comprises approximately six hundred contiguous acres of land.

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

    By Senators Prezioso, McCabe, Klempa and Plymale:

    Senate Bill No. 632--A Bill to amend and reenact §29A-2-7 of the Code of West Virginia, 1931, as amended, relating to requiring filings in the State Register and the Code of State Rules be available in an electronic format; providing that printed copies of filings and documents are to be available under certain circumstances; providing a fee may be charged for printed copies; providing that the fee may be waived; and clarifying that fifty percent of the fees and amounts collected for the sale of the State Register, the Code of State Rules and other copies or data provided by the Secretary of State shall be deposited in the General Revenue Fund.

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

    By Senators Wells, Yost, Barnes, Edgell, Green, Boley, Jenkins, Laird, Williams, McCabe, Klempa and Plymale:

    Senate Bill No. 633--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-1B-27, relating to authorizing the West Virginia National Guard to participate in a federal asset forfeiture or sharing program; creating the West Virginia National Guard Counterdrug Forfeiture Fund administered by the Adjutant General; and authorizing the Adjutant General to propose rules.

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

    By Senator Foster:

    Senate Bill No. 634--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-13-13a; and to amend and reenact §8-22-20 of said code, all relating to authorizing certain municipalities with policemen’s pension and relief funds or firemen’s pension and relief funds to impose by ordinance a limited public safety assessment fee to be used to match any state funds specifically appropriated to reduce actuarially accrued liabilities of municipal policemen’s or firemen’s pension and relief funds; and minimum standards for annual municipal contributions to the pension and relief funds.

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

    By Senators Beach, Browning, Kessler (Mr. President), Unger, Williams, Stollings and Plymale:

    Senate Bill No. 635--A Bill to amend and reenact §31-15A-2, §31-15A-3 and §31-15A-7 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto fourteen new sections, designated §31-15A-9a, §31-15A-10a, §31-15A-11a, §31-15A-12a, §31-15A-14a, §31-15A-15a, §31-15A-17c, §31-15A-18a, §31-15A-19a, §31-15A-20a, §31-15A-21a, §31-15A-22a, §31-15A-23a and §31-15A-24a; and to amend and reenact §31-15C-1, §31-15C-2, §31-15C-3, §31-15C-4, §31-15C-5 and §31-15C-14 of said code, all relating generally to development of broadband infrastructure and broadband deployment in this state; defining terms in West Virginia Infrastructure and Jobs Development Act; expanding number of council members under certain circumstances; requiring that broadband be considered in current and prospective planning for roads and highways; creating Infrastructure Fund for broadband middle mile infrastructure projects and providing for deposits and expenditures from the fund; giving additional powers to Infrastructure and Jobs Development Council regarding broadband middle mile infrastructure project; creating Infrastructure Fund for Broadband Middle Mile Development; providing for disposition of fund on termination or dissolution of council; providing that broadband middle mile projects funded by council to not be considered public improvements or subject to competitive bid requirements; authorizing council to issue broadband middle mile revenue bonds; creating Broadband Middle Mile Infrastructure Debt Service Fund; providing for funding of debt service fund; specifying requirements for and manner of issuance of bonds; providing for contents of trust agreement and trustee for bonds; specifying legal remedies of bondholders, noteholders and trustee; making broadband middle mile infrastructure revenue bonds lawful investments; providing for purchase, cancellation and refunding of bonds; specifying that bonds are not debt of state or any political subdivision thereof and are exempt from taxation; adding additional findings regarding broadband deployment; defining certain terms used in Broadband Deployment Act; adding two members to Broadband Deployment Council; expanding powers and duties of council; extending date for expiration of council; deleting obsolete language; and making technical corrections.

    Referred to the Committee on Economic Development; and then to the Committee on Finance.

    By Senators Snyder and Palumbo:

    Senate Bill No. 636--A Bill to amend and reenact §48-14-204 of the Code of West Virginia, 1931, as amended, relating to providing procedures for issuing a writ of execution, suggestion or suggestee execution because of overdue child support or spousal support obligations; providing procedure for contesting an affidavit and requesting a hearing; authorizing a court, in its discretion, to require obligor to give security or post bond or order the bureau to hold collected amounts in escrow; issuing an abstract by the clerk; and increasing the statute of limitations on child and spousal support orders from ten to fifteen years.

    Referred to the Committee on the Judiciary.

    By Senators Stollings, Unger and Klempa:

    Senate Bill No. 637--A Bill to repeal §3-2-24 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-1-3 of said code; and to amend and reenact §3-2-2, §3-2-4a, §3-2-18, §3-2-19, §3-2-21, 3-2-23, §3-2-25 and §3-2-29 of said code, all relating to the maintenance of voter registration lists and related records.

    Referred to the Committee on the Judiciary.

    By Senator Snyder:

    Senate Bill No. 638--A Bill to amend and reenact §51-2A-9 of the Code of West Virginia, 1931, as amended, relating to providing additional contempt powers for family court judges.

    Referred to the Committee on the Judiciary.

    By Senators Snyder, Palumbo, Foster and Klempa:

    Senate Bill No. 639--A Bill to amend and reenact §48-18-125 of the Code of West Virginia, 1931, as amended, relating to the Bureau for Child Support Enforcement; reporting employment and income; providing definition of “independent contractor”; and reporting income of an independent contractor if the contract for services is over $2,500.

    Referred to the Committee on the Judiciary.

    By Senators Unger and Foster:

    Senate Bill No. 640--A Bill to amend and reenact §60-7-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-10-1 of said code, all relating to including coin-pusher machines within the definition of “prohibited gaming machines”.

    Referred to the Committee on the Judiciary.

    By Senator Plymale:

    Senate Bill No. 641--A Bill to amend and reenact §18A-2-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-8, §18A-4-8a and §18A-4-8b of said code, all relating to public education service personnel; requiring county boards to bear the cost of certification renewal for personnel with the class title of Sign Language Interpreter I or II under certain conditions; declaring that time devoted to the process of maintaining or acquiring certification that is a condition of employment constitutes continuing education; deleting certain defined class titles and including service personnel employed under certain deleted class titles under other existing class titles or new class titles; removing Sign Language Specialist from the Braille or Sign Language Specialist class title; prohibiting employment for the first time of a service person as a Food Services Supervisor after a certain date; changing the class title Graphic Artist to Graphic Designer and expanding definition; changing the class title Mail Clerk to Mail Carrier; adding the class titles Sign Language Interpreter I and II; and amending class titles that are to be considered as a single classification of employment.

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

    By Senators Stollings and Foster:

    Senate Bill No. 642--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-4F-1, §16-4F-2, §16-4F-3, §16-4F-4 and §16-4F-5; to amend and reenact §30-3-14 and §30-3-16 of said code; to amend and reenact §30-7-15a of said code; to amend and reenact §30-14-11 of said code; and to amend and reenact §30-14A-1 of said code, all relating to treatment for a sexually transmitted disease; defining terms; permitting prescribing of antibiotics to sexual partners of a patient without a prior examination of the partner; requiring patient counseling; establishing counseling criteria; requiring information materials be prepared by the Department of Health and Human Resources; providing limited liability for providing expedited partnership therapy; and requiring legislative rules regarding what is considered a sexually transmitted disease and providing that physicians, physician assistants and advanced nurse practitioners are not subject to disciplinary action for providing treatment in an expedited partnership setting.

    Referred to the Committee on Health and Human Resources.

    By Senator Palumbo:

    Senate Bill No. 643--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-7-705a, relating to the West Virginia Contraband Forfeiture Act; revising procedures for administrative forfeiture of certain types of property involved in the trafficking of controlled substances; establishing time frames; and providing for notice.

    Referred to the Committee on the Judiciary.

    By Senator Prezioso:

    Senate Bill No. 644--A Bill to amend and reenact §31D-15-1532 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §31D-15-1533; to amend and reenact §31E-14-1432 of said code; and to amend and reenact §59-1-2 of said code, all relating to providing procedures for foreign profit and foreign nonprofit corporations to be reinstated following administrative revocation; providing for appeals; and establishing a reinstatement fee for domestic and foreign limited liability companies and domestic and foreign corporations after administrative dissolutions.

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

    By Senator Nohe:

    Senate Bill No. 645--A Bill to amend and reenact §22-15A-4 of the Code of West Virginia, 1931, as amended, relating to requiring the Secretary of the Department of Environmental Protection to propose rules for legislative approval to implement procedures under which county commissions and municipal governments are granted a limited exemption from certain litter provisions to undertake timely and efficient removal or burning of litter, trash and debris resulting from storms and other weather-related events causing extensive property damage.

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

    By Senators Laird, Plymale, Foster, Miller and Stollings:

    Senate Bill No. 646--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-6b, relating to the General Educational Development Diploma (GED); making legislative findings; setting forth legislative intent; and requiring the State Board of Education to study GED issues and make a report with recommendations by a certain date.

    Referred to the Committee on Education.

    By Senators Jenkins, Foster, Barnes, Stollings and Green:

    Senate Bill No. 647--A Bill to amend and reenact §30-3-14 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-14-12a of said code, all relating to the Board of Medicine and the Board of Osteopathy; and permitting the boards to independently initiate disciplinary proceedings in certain circumstances.

    Referred to the Committee on Government Organization.

    By Senators Tucker, Barnes and Plymale:

    Senate Bill No. 648--A Bill to amend and reenact §46A-3-109a of the Code of West Virginia, 1931, as amended, relating to collateral protection insurance.

    Referred to the Committee on Banking and Insurance.

    By Senators Kessler (Mr. President), Browning, Edgell, Klempa and Beach:

    Senate Bill No. 649--A Bill to amend and reenact §11-16-3 and §11-16-8 of the Code of West Virginia, 1931, as amended, all relating to the Nonintoxicating Beer Act; adding a limited liability company to the definition of “person” under the act; and allowing a trust to be an applicant for a distributor license.

    Referred to the Committee on the Judiciary.

    By Senators Beach, Klempa, Hall, Browning, Kessler (Mr. President), Unger and Williams:

    Senate Joint Resolution No. 11--Proposing an amendment to the Constitution of the State of West Virginia authorizing the issuing and selling of state road bonds in an amount not exceeding the aggregate amount of $1.5 billion; and providing a summarized statement of the purpose of such proposed amendment.

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

    Senators Edgell, Kessler (Mr. President) and Unger offered the following resolution:

    Senate Concurrent Resolution No. 43--Requesting the Division of Highways to name the bridge on U. S. Route 33, crossing Henry’s Fork in Roane County, bridge number 44-33-20.43, as the “Corder Bridge”.

    Whereas, This bridge on the Roane-Calhoun county line has informally been known as the “Corder Bridge” for decades; and

    Whereas, Joseph A. Corder, 1854-1932, owned the land on which the bridge currently stands, having inherited the property, extending into both Calhoun and Roane Counties, from Jeremiah and Sarah Mace, who adopted Joseph at a young age; and

    Whereas, Henry’s Fork, the stream that flows beneath the bridge, was named after Henry Mace, an ancestor of Jeremiah; and

    Whereas, The Corder Family was a prominent family in west-central West Virginia; and

    Whereas, Joseph A. Corder was a member of the district board of education and a member of the Roane County Court; and

    Whereas, Joseph A. Corder was instrumental in having the first bridges built in Roane County; and

    Whereas, Edward Corder, Joseph’s brother, was a respected attorney in Spencer, West Virginia; and

    Whereas, It is fitting to honor the historical legacy of the Corder family in Roane and Calhoun Counties; and

    Whereas, The Calhoun County Historical Society, the Calhoun County Commission, the Grantsville Lions Club, West Fork Community Action, Inc. and descendants of the Corder family all support the official naming of said bridge as the “Corder Bridge”; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Division of Highways to name the bridge on U. S. Route 33, crossing Henry’s Fork in Roane County, bridge number 44-33-20.43, as the “Corder 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 “Corder 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; the Calhoun County Historical Society; the Calhoun County Commission; the Grantsville Lions Club; West Fork Community Action, Inc; and Harley Downs, representing the Corder family descendants.

    Which, under the rules, lies over one day.

    The Senate proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 41, Requesting DOH name bridge in Raleigh County "Fire Captain Fred Burroughs 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. 42, Applying to Congress for Balanced Budget Amendment convention.

    On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on the Judiciary.

    The Senate proceeded to the eighth order of business.

    Eng. Com. Sub. for Senate Bill No. 373, Providing State Police collect fee for advanced training.

    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, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Fanning--1.

    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. 373) passed with its title.

    Senator Unger moved that the bill take effect July 1, 2012.

    On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, 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)--33.

    The nays were: None.

    Absent: Fanning--1.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 373) takes effect July 1, 2012.

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

    Eng. Senate Bill No. 410, Requiring backup withholding for certain gambling prizes.

    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, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Fanning--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 410) 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. 421, Creating Captive Cervid Farming Act.

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

    On motion of Senator Unger, the bill was referred to the Committee on Rules.

    Eng. Senate Bill No. 428, Relating to motor vehicle registration of governmental vehicles.

    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, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Fanning--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 428) 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. 471, Authorizing Supreme Court establish mental hygiene commissioners' compensation.

    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, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Fanning--1.

    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. 471) 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, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Fanning--1.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 471) takes effect from passage.

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

    Eng. Com. Sub. for Com. Sub. for Senate Bill No. 477, Limiting possession of wild and exotic animals.

    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, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--32.

    The nays were: Sypolt--1.

    Absent: Fanning--1.

    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. 477) passed with its title.

    Senator Unger moved that the bill take effect July 1, 2012.

    On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--32.

    The nays were: Sypolt--1.

    Absent: Fanning--1.

    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 Com. Sub. for S. B. No. 477) takes effect July 1, 2012.

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

    Eng. Senate Bill No. 493, Exempting certain unmarked law-enforcement vehicles from sun-screening restrictions.

    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, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Fanning--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 493) 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. 499, Clarifying PEIA is not "insurer" or engaged in "business of insurance".

    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, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Fanning--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 499) 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. 527, Relating to general livestock trespass law.

    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, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Fanning--1.

    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. 527) passed with its title.

    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 Com. Sub. for Senate Bill No. 73, Regulating tanning facilities.

    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.

    Senate Bill No. 204, Relating to removal of vehicles from highway in emergency situations.

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

    Senate Bill No. 205, Relating to construction zone signage.

    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. 457, Continuing Rural Health Initiative; other provisions.

    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. 510, Amending election canvass and recount procedures.

    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. 518, Prohibiting certain persons from holding elected or appointed office.

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

    Senate Bill No. 540, Relating to subdivision land development plans or plats.

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

    Senate Bill No. 554, Relating to write-in voting when using electronic voting systems.

    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. 137, Requiring certain lottery funds be used for public works projects.

    Com. Sub. for Com. Sub. for Senate Bill No. 330, Relating to licensure of insurance adjusters.

    Senate Bill No. 336, Eliminating mortgage lender license exemption available to bank subsidiaries.

    Com. Sub. for Com. Sub. for Senate Bill No. 341, Creating Restroom Access Act.

    Com. Sub. for Senate Bill No. 353, Relating generally to possession of firearms.

    Com. Sub. for Senate Bill No. 406, Regulating commercial dog-breeding operations.

    Senate Bill No. 497, Awarding attorney fees and costs for administrative proceedings under WV Surface Coal Mining and Reclamation Act.

    Com. Sub. for Senate Bill No. 507, Relating to voluntary and involuntary hospitalization of mentally ill persons.

    Com. Sub. for Senate Bill No. 536, Authorizing Auditor's land department accept credit, debit or charge card payments.

    And,

    Com. Sub. for Senate Bill No. 563, Clarifying Chief Technology Officer's responsibility prior to transfer or retirement of certain equipment.

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

    The Senate then proceeded to the twelfth order of business.

    Remarks were made by Senator Hall.

    The Senate next proceeded to the thirteenth order of business.

    At the request of Senator Williams, unanimous consent being granted, it was ordered that the Journal show had Senator Williams been present in the chamber on Tuesday, February 14, 2012, he would have voted "yea" on the passage of Engrossed Senate Bill No. 156, Engrossed Senate Bill No. 166, Engrossed Committee Substitute for Senate Bill No. 186, Engrossed Senate Bill No. 215, Engrossed Committee Substitute for Senate Bill No. 321, Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 343, Engrossed Committee Substitute for Senate Bill No. 411, Engrossed Senate Bill No. 430, Engrossed Committee Substitute for House Bill No. 4107 and Engrossed House Bill No. 4291.

    At the request of Senator Plymale, the name of Senator Plymale was removed as a sponsor of Senate Bill No. 528 (Creating Scrap Metal Theft Prevention Act).

    On motion of Senator Unger, a leave of absence for the day was granted Senator Fanning.

    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, February 20, 2012, at 11 a.m.

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