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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2012

FORTY-FIRST DAY

____________

Charleston, W. Va., Monday, February 20, 2012

    The Senate met at 11 a.m.

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

    Prayer was offered by Pastor Corbet May, St. John United Methodist Church, South Charleston, West Virginia.

    Pending the reading of the Journal of Friday, February 17, 2012,

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

    On motion of Senator Unger, the Senate recessed for five minutes to permit Mitch Moore to address the Senate on behalf of the Governor’s Honors Academy and Hilary Kinney to address the Senate on behalf of the Governor’s School for the Arts.

    Upon expiration of the recess, the Senate reconvened.

    At the request of Senator Unger, and by unanimous consent, the provisions of rule number fifty-four of the Rules of the Senate, relating to persons entitled to the privileges of the floor, were suspended in order to grant United States military veterans privileges of the floor for the day.

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

    The Clerk presented a communication from the Massage Therapy Licensure Board, submitting its biennial report for fiscal years 2010 and 2011 as required by chapter thirty, article one, section twelve of the code of West Virginia.

    Which communication and report were received and filed with the Clerk.

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

    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 section and inserting in lieu thereof the following:

ARTICLE 15. FIRE FIGHTING; FIRE COMPANIES AND DEPARTMENTS; CIVIL SERVICE FOR PAID FIRE DEPARTMENTS.

§8-15-8a. Eligibility for allocation from municipal pensions and protection fund and the Fire Protection Fund.

    (a) In order to be eligible to receive revenues allocated from the municipal pensions and protection fund or the Fire Protection Fund, each volunteer or part-volunteer fire company or department must meet the following requirements: listed in subdivisions (a) through (c) of this section.

    Each volunteer or part volunteer fire company or department must:

    (a) (1) Submit and maintain current submission of fire loss data to the State Fire Marshal, including verification, by notarized statement, if no fire loss has occurred;

    (b) (2) Complete or be in the process of receiving firefighters training, including section one of the West Virginia University fire service extension or its equivalent. Such The fire company or department must have at least ten members certified as having completed such the training or if a volunteer fire company or department has twenty or fewer members, fifty percent of the active volunteer members must have completed such training; and

    (c) (3) Comply with all applicable federal and state laws.

    (b) Each volunteer or part-volunteer fire company or department shall have a grace period of ninety days beyond the allocation date in which to comply with submission requirements to the State Fire Marshal. The State Fire Marshal shall notify each volunteer or part-volunteer fire company or department of the due date for submitting the information required by this section and the grace period by certified mailing requiring signature and a return receipt.

    (c) When the records of a volunteer or part-volunteer fire company or department are destroyed by a fire or other natural disaster, then the affected volunteer or part-volunteer fire company or department is exempt from the provisions of subdivision (1), subsection (a) of this section, for the three-month period immediately following the destruction of the records.;

    And,

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

    Eng. Com. Sub. for Com. Sub. for Senate Bill No. 343--A Bill to amend and reenact §8-15-8a of the Code of West Virginia, 1931, as amended, relating to the eligibility of volunteer or part-volunteer fire companies or departments to allocation from municipal pensions and protection fund and the Fire Protection Fund; providing requirements for eligibility; providing a grace period for these volunteer fire companies or departments to comply with submission of data; making certain exemptions from reporting requirements; and requiring the State Fire Marshal to notify these volunteer fire companies or departments of the dates and grace period.

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

    Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 343, 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, 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 and Kessler (Mr. President)--31.

    The nays were: None.

    Absent: Chafin, Fanning and Yost--3.

    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 Com. Sub. for S. B. No. 343) passed with its House of Delegates amended title.

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

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

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

    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. 4007--A Bill to amend and reenact amend and reenact §21A-6-3 of the Code of West Virginia, 1931, as amended, relating to unemployment benefits for certain spouses of military personnel; providing that an individual who has voluntarily quit employment to accompany a spouse serving in active military service who has been reassigned from one military assignment to another is not disqualified for benefits; and providing that the account of the employer of the individual who leaves employment to accompany a spouse reassigned from one military assignment to another may not be charged for those benefits.

    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. 4015--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-26-1 and §5-26-2, all relating to the creation of the Herbert Henderson Office of Minority Affairs; establishing the powers and duties of the office; providing for an executive director, staff and office; requiring annual reports to the Governor and the Joint Committee on Government and Finance; and creating a Minority Affairs Fund.

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

    A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

    Eng. House Bill No. 4018--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-2-12, relating to granting licensed real estate appraisers access to commercial or residential review documents.

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

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

    Eng. House Bill No. 4299--A Bill to amend and reenact §18-5-13 of the Code of West Virginia, 1931, as amended, relating to authorizing a county board of education to use the services of a bus operator from another county in certain circumstances.

    Referred to the Committee on Education.

    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. 4330--A Bill to amend and reenact §17B-2-1 and §17B-2-6 of the Code of West Virginia, 1931, as amended, all relating to issuance of driver’s licenses; providing that licenses issued under this section may contain information designating the licensee as a person who is an honorably discharged veteran of any branch of the Armed Forces of the United States; providing that veterans may renew licenses without cost if not expired; and redefining ‘previously licensed’ as an applicant who has held at least a level two or similar driver’s licensing level or class.

    Referred to the Committee on Government Organization.

    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. 4338--A Bill to amend and reenact §17-24A-4 of the Code of West Virginia, 1931, as amended, relating to raising the maximum value amount of an abandoned motor vehicle $2,500 to $7,500 before someone may sell that vehicle; allowing towing companies to obtain title to abandoned vehicles acquired in a manner other than the request of law enforcement; and clarifying definitions.

    Referred to the Committee on Transportation and Infrastructure.

    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. 4403--A Bill to amend and reenact §3-6-4a of the Code of West Virginia, 1931, as amended, relating to changing the filing deadline for certified write-in candidates; and removing provisions related to the filing requirements for an election to fill a vacancy in an elective office that conflict with other sections of code.

    Referred to the Committee on the Judiciary.

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

    Eng. House Bill No. 4415--A Bill to authorize a Prince Railroad Station Authority to acquire and maintain the railroad station building and the appurtenances thereto located in Prince, West Virginia; to be created as a public corporation; membership, terms and compensation of the board; powers; exemption from taxation; and dissolution of the authority.

    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. House Bill No. 4481--A Bill to repeal §16-42-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §16-42-3 of said code, all relating to the Comprehensive Behavioral Health Commission, its membership and the membership of the Advisory Board to the Commission; and to repeal the termination of the commission.

    Referred to the Committee on Government Organization.

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

    House Concurrent Resolution No. 26--Requesting that bridge number 25-90-1.64 on County Route 90, Marion County, West Virginia, be named the “Worthington Veterans Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

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

    House Concurrent Resolution No. 62--Requesting that the sacrifice and service of the crew members of the U.S.S. West Virginia be recognized and rewarded for their actions during the Battle of Surigao Strait.

    Referred to the Committee on Military.

    The Senate proceeded to the fourth order of business.

    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. 8, Creating Creative Communities Development Pilot Program.

    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,

                               Richard Browning,

                                 Chair.

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

    Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:

    Your Committee on Banking and Insurance has had under consideration

    Senate Bill No. 194, Requiring health insurers cover maternity and contraceptive services for dependents.

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

    Com. Sub. for Senate Bill No. 194 (originating in the Committee on Banking and Insurance)--A Bill to amend and reenact §5-16-7 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §33-15-4k; to amend said code by adding thereto a new section, designated §33-16-3w; to amend and reenact §33-16E-2 of said code; to amend said code by adding thereto a new section, designated §33-24-7l; to amend said code by adding thereto a new section, designated §33-25-8i; and to amend said code by adding thereto a new section, designated §33-25A-8k, all relating generally to requiring health insurance coverage of maternity and contraceptive services in certain circumstances; providing maternity and contraceptive services for all individuals participating in or receiving insurance coverage under a health insurance policy if those services are covered under the policy; excluding certain drugs and devices from the definition of “contraceptives”; modifying required benefits for public employees insurance, accident and sickness insurance, group accident and sickness insurance, hospital medical and dental corporations, health care corporations and health maintenance organizations; and providing exceptions to the extent that required benefits exceed the essential health benefits specified under the Patient Protection and Affordable Care Act.

    With the recommendation that the committee substitute do pass; but with the further recommendation that it first be referred to the Committee on Finance.

                             Respectfully submitted,

                               Joseph M. Minard,

                                 Chair.

    On motion of Senator Minard, the bill (Com. Sub. for S. B. No. 194) contained in the foregoing report from the Committee on Banking and Insurance was referred to the Committee on Rules.

    Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:

    Your Committee on Banking and Insurance has had under consideration

    Senate Bill No. 365, Increasing membership of PEIA Finance Board.

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

                             Respectfully submitted,

                               Joseph M. Minard,

                                 Chair.

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

    Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:

    Your Committee on Banking and Insurance has had under consideration

    Senate Bill No. 398, Limiting risk retention groups' risks on single insurance subject.

    And has amended same.

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

                             Respectfully submitted,

                               Joseph M. Minard,

                                 Chair.

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

    Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:

    Your Committee on Banking and Insurance has had under consideration

    Senate Bill No. 399, Renaming Board of Insurance Agent Education to Board of Insurance Producer Education; other provisions.

    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 Government Organization.

                             Respectfully submitted,

                               Joseph M. Minard,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on Government Organization, with an amendment from the Committee on Banking and Insurance pending.

    Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:

    Your Committee on Transportation and Infrastructure has had under consideration

    Senate Bill No. 460, Providing minimum tax appraisal value of automobiles.

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

    Com. Sub. for Senate Bill No. 460 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §11-1C-5 of the Code of West Virginia, 1931, as amended, relating to providing that the minimum appraised value of an automobile be $700 for taxation purposes and providing that each antique motor vehicle registered as such shall be assigned an assessed value of $1,000 for purposes of ad valorem property taxes.

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

                             Respectfully submitted,

                               Robert D. Beach,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 460), under the original double committee reference, was then referred to the Committee on Finance.

    Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:

    Your Committee on Banking and Insurance has had under consideration

    Com. Sub. for Senate Bill No. 501 (originating in the Committee on Health and Human Resources), Requiring health insurance coverage of certain hearing aids.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 501 (originating in the Committee on Banking and Insurance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-15-4k; to amend said code by adding thereto a new section, designated §33-16-3w; to amend said code by adding thereto a new section, designated §33-24-7l; to amend said code by adding thereto a new section, designated §33-25-8i; and to amend said code by adding thereto a new section, designated §33-25A-8k, all relating generally to requiring health insurance coverage of hearing aids for individuals under eighteen years of age; providing for an effective date for coverage; providing definitions; setting age limitations; providing for coverage limits and time frames; providing that the provisions are only required to the extent required by federal law; and modifying required benefits for accident and sickness insurance, group accident and sickness insurance, hospital medical and dental corporations, health care corporations and health maintenance organizations.

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

                             Respectfully submitted,

                               Joseph M. Minard,

                                 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

    Senate Bill No. 544, Extending expiration date for certain diesel-powered motor vehicle idling restrictions.

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

                             Respectfully submitted,

                               Robert D. Beach,

                                 Chair.

    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. 552, Creating WV Land Stewardship Corporation Act.

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

    Com. Sub. for Senate Bill No. 552 (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 §31-21-1, §31-21-2, §31-21-3, §31-21-4, §31-21-5, §31-21-6, §31-21-7, §31-21-8, §31-21-9, §31-21-10, §31-21-11, §31-21-12, §31-21-13, §31-21-14, §31-21-15, §31-21-16, §31-21-17, §31-21-18 and §31-21-19, all relating to authorizing the creation of a public nonprofit corporation and governmental instrumentality under the provisions of article two, chapter thirty-one-e of said code, to collectively address several environmental and economic development programs established to promote the productive reuse of idled and underutilized commercial, industrial and mining properties, support more efficient use of existing public infrastructure and encourage increased job creation with living wages, renewed community vitality and tax revenue generation while protecting public health and our natural resources.

    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,

                               Richard Browning,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 552), under the original double committee reference, was then referred to the Committee on the Judiciary.

    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. 57, The "Pearsall Land Grant Trace".

    And reports the same back with the recommendation that it 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 Kessler (Mr. President) and Hall (By Request of the Executive):

    Senate Bill No. 650--A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated balance in the State Fund, General Revenue, to the Department of Health and Human Resources, Division of Human Services, fund 0403, fiscal year 2012, organization 0511, by supplementing and amending the appropriation for the fiscal year ending June 30, 2012.

    Referred to the Committee on Finance.

    By Senators Tucker, Laird and Miller:

    Senate Bill No. 651--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-2E-1, relating to compelling the Division of Highways to build a four-lane highway between Chelyan, West Virginia, and Montgomery, West Virginia, named the Lou Tabit Freeway; and time frame for let to contract and contract.

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

    By Senators Plymale, Browning, Jenkins and Stollings:

    Senate Bill No. 652--A Bill to amend and reenact §17-27-9 of the Code of West Virginia, 1931, as amended, relating to comprehensive agreements for public-private transportation facilities; changing final date that division may enter into comprehensive agreements; and substituting the Secretary of the Department of Transportation for the Legislature as the party authorized to approve comprehensive agreements.

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

    By Senators McCabe, Browning, Foster, Jenkins, Beach and Stollings:

    Senate Bill No. 653--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5E-3-1, §5E-3-2, §5E-3-3, §5E-3-4, §5E-3-5, §5E-3-6, §5E-3-7, §5E-3-8, §5E-3-9 and §5E-3-10; and to amend and reenact §31-15-6 of said code, all relating to the creation of an innovation and development program; providing short title; declaring policy; setting forth purposes; providing definitions; authorizing and directing the Economic Development Authority to propose rules to implement its provisions and provide for the effective and efficient administration of the program; authorizing the Economic Development Authority to provide technical and professional assistance to entrepreneurs in the state; authorizing the Economic Development Authority to make qualified investments and loans; authorizing recoverable revenue credits to private investors for investments in qualified investment companies pursuant to rules to be promulgated by the Economic Development Authority; authorizing tax credits to investors in qualified community development entities; creating a revolving fund to deposit all profits collected by the Economic Development Authority; and specifying disclosure, conflict of interest and confidentiality standards for the operation of the innovation and development program.

    Referred to the Committee on Economic Development; and then to the Committee on Government Organization.

    By Senator D. Facemire:

    Senate Bill No. 654--A Bill to amend and reenact §11-13A-3 of the Code of West Virginia, 1931, as amended, relating to providing a severance tax holiday to West Virginia coal companies.

    Referred to the Committee on Energy, Industry and Mining; and then to the Committee on Finance.

    By Senator Snyder:

    Senate Bill No. 655--A Bill to amend and reenact §30-10-8 of the Code of West Virginia, 1931, as amended, relating to licensure of veterinarians; and allowing the licensure of certain veterinarians by endorsement.

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

    By Senators Stollings, Foster, Kirkendoll, Laird and Jenkins:

    Senate Bill No. 656--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-1C-1, §16-1C-2, §16-1C-3, §16-1C-4 and §16-1C-5, all relating generally to requiring health care providers to wear identification badges; setting forth legislative findings and purpose; providing definitions; establishing identification badge requirements; addressing applicability; and granting rule-making authority.

    Referred to the Committee on Health and Human Resources.

    By Senators Wills, Foster, Kessler (Mr. President), Miller and Klempa:

    Senate Bill No. 657--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-9A-4, relating to the provision of funding of civil legal services to low-income persons.

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

    By Senators McCabe, Hall, Foster, Boley, Helmick, Fanning, Green, K. Facemyer, Barnes, Nohe and Jenkins:

    Senate Bill No. 658--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 and §11-13CC-5; and to amend and reenact §24-2-1j of said code, all relating to creating the Energy Intensive Industrial Consumers Revitalization Tax Credit Act; making legislative findings and declaring purpose; establishing tax credits for suppliers of coal to certain electric utilities who are subject to the coal severance tax; establishing a $40 million limit on the tax credits; setting forth when the tax credits may be taken; setting forth how the tax credits are calculated and allocated; setting forth how the payments triggered by the tax credits are to be made; establishing when the tax credit expires; granting the Public Service Commission certain authority concerning special rates; and requiring information on special rates in the Public Service Commission’s annual report.

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

    By Senator Unger:

    Senate Bill No. 659--A Bill to amend and reenact §5A-3-3 of the Code of West Virginia, 1931, as amended, relating to powers and duties of the Director of Purchasing; removing outdated language; and requiring the director to require vendors, contractors, subcontractors and their employees conducting business with the state to submit to a criminal background check under certain circumstances.

    Referred to the Committee on the Judiciary.

    By Senators Yost and Klempa:

    Senate Bill No. 660--A Bill to amend and reenact §29-19-5 of the Code of West Virginia, 1931, as amended, relating to requirements for a charitable organization to submit an audit report or statement of financial review by an independent certified public accountant.

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

    By Senators Plymale, Browning and Stollings:

    Senate Bill No. 661--A Bill to amend and reenact §18B-2A-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §21A-10-11 of said code, all relating to the West Virginia Network of Educational Telecomputing; collecting, synthesizing and disseminating data from state agencies; improving communication and cooperation among state education providers; directing institutional boards of governors to cooperate in certain data-related operations; requiring certain reports and providing certain privacy protections; setting forth certain penalties for noncompliance; and authorizing the Commissioner of WorkForce West Virginia to share data with certain education providers.

    Referred to the Committee on Education.

    By Senators Unger, Jenkins and Stollings:

    Senate Bill No. 662--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-36a; and to amend said code by adding thereto a new section, designated §18-20-1e, all relating to defining “dyslexia”; establishing a dyslexia screening and intervention pilot project; and establishing a dyslexia teacher training pilot program.

    Referred to the Committee on Education.

    By Senators Tucker and Helmick:

    Senate Bill No. 663--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-10-3, relating to fees and other moneys collected at state institutions of higher education; and providing that the children of graduates of West Virginia institutions shall qualify for resident tuition rates.

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

    By Senators Helmick, Tucker and Barnes:

    Senate Bill No. 664--A Bill to repeal §29-25-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §29-25-1, §29-25-2, §29-25-3, §29-25-5, §29-25-6, §29-25-9, §29-25-12, §29-25-15, §29-25-18, §29-25-19, §29-25-20, §29-25-21, §29-25-22, §29-25-22a, §29-25-24, §29-25-28, §29-25-29, §29-25-30, §29-25-31, §29-25-32, §29-25-34, §29-25-35, §29-25-37 and §29-25-38 of said code; and to amend said code by adding thereto two new sections, designated §29-25-22b and §29-25-22c, all relating to miscellaneous boards and officers; authorized gaming facility; including a rural resort community as limited gaming facility; providing definition of “rural resort community”; creating the Rural Resort Community Fund and Rural Resort Community Human Resource Benefit Fund; otherwise providing for the regulation and control of a rural resort community; and repealing the local option provision of this article.

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

    By Senators Kessler (Mr. President) and Klempa:

    Senate Bill No. 665--A Bill to amend and reenact §62-12-7 of the Code of West Virginia, 1931, as amended, relating to requiring probation officers in preparing a presentence report to calculate and list the financial costs to the county and the state of different forms of sentencing available to the court.

    Referred to the Committee on the Judiciary.

    By Senators D. Facemire, Snyder, Edgell, Yost, Green, Klempa, Williams, Browning, Jenkins and Miller:

    Senate Bill No. 666--A Bill to amend and reenact §15-2-7 of the Code of West Virginia, 1931, as amended, relating to the State Police; and civilian employee pay increase.

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

    By Senators Stollings, Foster and Jenkins:

    Senate Bill No. 667--A Bill to amend and reenact §60A-1-101 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60A-2-204, §60A-2-206, §60A-2-208, §60A-2-210 and §60A-2-212 of said code, all relating generally to schedules of controlled substances; modifying definitions; and updating West Virginia schedules of controlled substances to match federal schedules of controlled substances.

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

    By Senators Beach and Williams:

    Senate Bill No. 668--A Bill to amend and reenact §29-6-27 of the Code of West Virginia, 1931, as amended, relating to permitting a civil service employee to donate annual leave to another employee; removing the medical emergency requirement; modifying a definition; and authorizing rulemaking.

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

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

    Senate Bill No. 669--A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2012, to the Department of Administration - Children’s Health Insurance Agency, fund 8838, fiscal year 2012, organization 0230, to the Department of Environmental Protection - Division of Environmental Protection, fund 8708, fiscal year 2012, organization 0313, to the Department of Health and Human Resources - Division of Health - Central Office, fund 8802, fiscal year 2012, organization 0506, to the Department of Health and Human Resources - Division of Health - West Virginia Safe Drinking Water Treatment, fund 8824, fiscal year 2012, organization 0506, to the Department of Health and Human Resources - Division of Human Services, fund 8722, fiscal year 2012, organization 0511, and to Miscellaneous Boards and Commissions - Coal Heritage Highway Authority, fund 8861, fiscal year 2012, organization 0942, by supplementing and amending the appropriations for the fiscal year ending June 30, 2012.

    Referred to the Committee on Finance.

    By Senator Plymale:

    Senate Bill No. 670--A Bill to amend and reenact §17-2D-2 of the Code of West Virginia, 1931, as amended, relating to eliminating provision that prohibits a consultant engineer who prepares preliminary plans, planning reports or other project development products pursuant to certain statutory provisions from participating in the construction of the project.

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

    By Senators Williams, Barnes and Tucker:

    Senate Bill No. 671--A Bill to amend and reenact §11-15-3c of the Code of West Virginia, 1931, as amended, relating to the taxing of utility terrain vehicles; making an exception for vehicles used for agricultural purposes; and defining “utility terrain vehicles” as motor vehicles.

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

    By Senators Stollings, Miller, Beach, Williams, Browning, Foster, Hall, K. Facemyer and Barnes:

    Senate Bill No. 672--A Bill to amend and reenact §16-5C-15 of the Code of West Virginia, 1931, as amended, relating to clarifying that actions brought for damages for injuries suffered in a nursing home are subject to the same liability limitations as other medical professional liability actions.

    Referred to the Committee on the Judiciary.

    Senators Beach, Unger, Williams, Kessler (Mr. President), Prezioso and Stollings offered the following resolution:

    Senate Concurrent Resolution No. 44--Requesting the Division of Highways to name a portion of Interstate 79 at the exit 152 (Westover/Morgantown) interchange, as the “Charles J. Whiston Interchange”.

    Whereas, Charles J. Whiston worked in the local coal mines while attending Morgantown High School and after graduation. He is a lifetime member of Westover United Methodist Church, where he taught Sunday School service of fifty-seven years. He began his outstanding political career as deputy sheriff in the late 1940’s and served six years as an elected Monongalia County Commissioner beginning in 1952. He served two terms as elected Mayor of the City of Westover, served as elected State President of the West Virginia Sheriff’s Association, served as the State President of the West Virginia County Commissioner Association, was named West Virginia Sheriff of the year in 1975 and 1976 and was honored with an appointment to the West Virginia Sheriff’s Bureau by Governor Jay Rockefeller in June, 1979; and

    Whereas, Charles J. Whiston founded and served as Master of Ceremonies of the 1st Monongalia County Fair, was a candidate for the 2nd Congressional District in 1983, was very involved in the community as the exalted ruler of the Morgantown Elk Lodge, member of the Morgantown Lion's Club and Leader of Boy Scouts of America and was recognized for his life of public service by the Monongalia County Commission and West Virginia Congress of Parent & Teacher’s Inc.; and

    Whereas, It is fitting to honor Charles J. Whiston for his life-long service to our state and his community and the naming of an interchange honoring Charles J. Whiston's exemplary life is but a small gesture of gratitude and appreciation; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Division of Highways to name a portion of Interstate 79 at the exit 152 interchange (Westover/Morgantown), as the “Charles J. Whiston Interchange”; and, be it

    Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the interchange as the “Charles J. Whiston Interchange”; 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 Commissioner of Highways and to Charles J. Whiston and family.

    Which, under the rules, lies over one day.

    Senators Beach, Unger, Williams, Kessler (Mr. President), Browning, Jenkins and Stollings offered the following resolution:

    Senate Concurrent Resolution No. 45--Requesting the Division of Highways to name bridge number 25-64/01-0.04, in Marion County, the “Nick Fantasia Memorial Bridge”.

    Whereas, Nick Fantasia was born January 3, 1923, grew up in Kingmont, West Virginia, and graduated from East Fairmont High School in 1941. He served in the United States Army as a Corporal in the Medical Corp during World War II. He graduated from Fairmont State in 1949 with a Bachelor of Science in Education. He married Carmella Fantasia in June 1949 and had six children: George, Rosemary, Nicolena, Gina, Annette, and Nick; and

    Whereas, Nick Fantasia served as President of the Kingmont Mine Local UMWA. He graduated from West Virginia University in 1955 with a Master of Arts in Education Administration. He worked for Marion County Schools from August 1949 to June 1986, serving as principle at Kingmont, Watson, Barnes and East Park schools; and

    Whereas, Nick Fantasia was elected to the West Virginia House of Delegates for twelve terms from November 1954 to December 1998, serving as Chair or Vice Chair on all major committees. He floor managed the Mine Health and Safety Act following the Farmington #9 explosion, cowrote and floor managed the Pop-Tax to fund West Virginia University Hospitals, wrote and floor managed the bill to fund Marion Health Care Hospital and sponsored numerous bills during his time at the Legislature including funding to construct the Fairmont State Feaster Center, library expansion and Hardway Hall expansion and funding for the Benton’s Ferry Bridge, Route 73 upgrade and Delta system expansion; and

    Whereas, Nick Fantasia owned and operated Fairmont Broadcasting - WTCS Radio from 1955 to 1992 and was inducted into the West Virginia Radio and Television Hall of Fame’s first class of broadcasters in 2006; and

    Whereas, It is fitting to honor Nick Fantasia for his life-long service to our state and his community and the naming of a bridge honoring Nick Fantasia’s exemplary life is but a small gesture of gratitude and appreciation; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Division of Highways to name bridge number 25-64/01-0.04, in Marion County, the “Nick Fantasia Memorial Bridge”; and, be it

    Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “Nick Fantasia Memorial Bridge”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation, the Commissioner of Highways and to the family of Nick Fantasia.

    Which, under the rules, lies over one day.

    Senators Snyder, D. Facemire and Jenkins offered the following resolution:

    Senate Concurrent Resolution No. 46--Urging the creation of a Veteran’s Court to assist veterans who suffered trauma as a result of war in criminal cases of a nonfelony nature.

    Whereas, Because of the extraordinary number of Veterans returning from war with post traumatic syndrome disease and the limited medical facilities with expertise to treat them and the courts being overwhelmed, the purpose of this resolution is to respectfully suggest that a Veterans Court be established that can assist in adjudicating those veterans cases of a nonfelony nature assuring that those who suffered trauma as a result of war are given compassionate consideration and treatment where indicated; and

    Whereas, Through no fault of their own almost all of our courts in the State of West Virginia have a judge that has not experienced service in the armed forces of the United States and have limited knowledge of how combat in war affects those who experience the horrors of the loss of some of their closest buddies or with the duty of having to kill another human being or the sight of total elimination of human beings, which leaves a lasting impression on their mind thereby resulting in abnormal actions in life following their return to civil life; and

    Whereas, These veterans who from childhood were taught that one must not kill, suddenly find themselves in combat where to survive their only option was to kill. Without any time and without any training by the U. S. armed forces prior to their release from active duty to assist them to adjust to civil life, the veteran is suddenly told that their services are no longer needed and that they are to return to civil life and resume the same role they lived prior to entering the armed forces; and

    Whereas, For many there are no medical facilities readily available with the professional staff to assist a veteran who is discharged with a condition now known as Post Traumatic Syndrome Disease causing the Veteran to react in civil life contrary to civil law, or to seek a chemical solution, thereby resulting in the veteran having to appear in court for an offense that perhaps was the result of their experience in war; and

    Whereas, There is no provision in our courts to evaluate a veteran to determine if their service in combat witnessing the horrors of war, may have caused such violation and with proper evaluation and treatment may receive some leniency from the court. To be eligible for consideration of the Veterans Court, the veteran would have to have served in a foreign combat area as shown on the DD 214 Separation from Active Duty in the Armed Forces, or be on active duty at the time of arrest. The violation of law must be of a nature that is nonpresumptive or nonmandatory and the veteran must be a resident of West Virginia with no criminal record and experiencing a treatable behavioral, mental health or chemical problem. The veteran must voluntarily agree to accept and comply with the Veterans Court and all parties’ decisions in adjudicating the case and there is no right of appeal; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature urges the creation of a Veteran’s Court to assist veterans who suffered trauma as a result of war in criminal cases of a nonfelony nature; and, be it

    Further Resolved, That the West Virginia Legislature approve the creation of a Veterans Court in Charleston, West Virginia, in coordination with the United States Veterans Affairs medical authorities in West Virginia, on a trial basis for a period of one year to determine the feasibility and effectiveness of a Veterans Court and that the Veterans Court be under a judge who has served in the armed forces and has an understanding of the residuals of war; and, be it

    Further Resolved, That a physician with military experience be appointed as a consultant to the Veterans Court to assist in the evaluation and recommended treatment or final decision; and, be it

    Further Resolved, That upon completion of the prescribed treatment or probation period that the veteran be furnished a certificate of completion indicating the veteran’s successful compliance with the decision of the Veterans Court.

    Which, under the rules, lies over one day.

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

    Senate Resolution No. 32--Designating February 20, 2012, as “Veterans Visibility Day”.

    Whereas, From the Revolutionary War, which gave America its identity as a free and democratic nation, to this moment, America’s men and women have always risen to the call of duty in order to defend and preserve our freedom and help maintain freedom throughout the world; and

    Whereas, Per capita, more citizens from West Virginia have served in our nation’s armed forces than from any other state. We are proud of our citizens who, despite danger, have done what they must for peace and freedom; and

    Whereas, Through wars, conflicts and the threat of terror, thousands of West Virginians have paid the ultimate price for freedom with their lives and thousands more have been wounded in battle; and

    Whereas, The Senate is proud to honor those currently serving in harm’s way in Iraq, Afghanistan and in other countries all over the world to protect democracy from the threat of terror; and

    Whereas, It is always important that we honor the many brave West Virginians who have faced the enemy, been wounded and even given their lives not only for our freedom, but for freedom around the world; therefore, be it

    Resolved by the Senate:

    That the Senate hereby designates February 20, 2012, as “Veterans Visibility Day”; and, be it

    Further Resolved, That the Senate expresses its sincere gratitude to all veterans and those men and women currently serving in the armed forces to protect our freedom; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Department of Veterans Assistance.

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

    Thereafter, at the request of Senator McCabe, and by unanimous consent, the remarks by Senator Wells regarding the adoption of Senate Resolution No. 32 were ordered printed in the Appendix to the Journal.

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

    Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.

    Senators Unger, Snyder, Kessler (Mr. President), Prezioso, Miller, Klempa and Stollings offered the following resolution:

    Senate Resolution No. 33--Designating February 20, 2012, as Jefferson County Day at the Capitol.

    Whereas, Jefferson County Day at the Capitol is sponsored and founded by West Virginia Communication Outreach of Jefferson County, an all-volunteer, nonpolitical, nonpartisan, nondenominational outreach organization structured to help benefit and increase the communications between Jefferson County residents, local governments and West Virginia state government through fact-finding and information-sharing; and

    Whereas, Jefferson County Day at the Capitol is representative in the areas of Agriculture, Arts & Humanities, Economic Development, Businesses, Education, Local Governments and Government Agencies, Emergency Services, Non-Profits, Tourism, Cultural Heritage, and Recreation; and

    Whereas, Jefferson County Day at the Capitol is encouraged in principle and supported fiscally through the Jefferson County Convention and Visitors Bureau, the Jefferson County Commission, and the Jefferson County Development Authority; and

    Whereas, Jefferson County Day at the Capitol will continue on as an annual event through the efforts of West Virginia Communication Outreach of Jefferson County, West Virginia, Inc., being committed to developing and continuing to nurture an ongoing direct relationship between the residents of Jefferson County and the State of West Virginia, while continuing to meet with West Virginia state legislators and developing relationships between counties to optimize our strengths and strengthen our weaknesses; therefore, be it

    Resolved by the Senate:

    That the Senate hereby designates February 20, 2012, as Jefferson County Day at the Capitol; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials representing Jefferson County Day at the Capitol.

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

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

    Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.

    Senators Unger, Kessler (Mr. President), Prezioso, Klempa and Stollings offered the following resolution:

    Senate Resolution No. 34--Recognizing Leadership Jefferson for its service, dedication and commitment to Jefferson County.

    Whereas, The objective of Leadership Jefferson is to promote knowledge and awareness of the problems, opportunities and issues facing Jefferson County; and

    Whereas, Leadership Jefferson is designed to provide a series of educational and participatory experiences, as well as an opportunity for dialogue and the development of a correlation among participants in order to encourage local participation in the growth of Jefferson County; and

    Whereas, The membership of Leadership Jefferson includes individuals from nearly every facet of Jefferson County’s business, professional, religious, governmental, educational, civic, the arts, organized labor and minority organizations who demonstrate a commitment to the community; and

    Whereas, The 2012 membership of Leadership Jefferson consists of Ellen Curry, Jefferson County Schools; Eric Fargo, Hornby Publishing; Angela Hill, Good Shepherd; Mark Howard, NPS; Yvonne Jones, WVUH-East Jefferson Memorial Hospital; Gary Matthews, WVUH-East Jefferson Memorial Hospital; Barbara Miller, Jefferson County Homeland Security; Valerie Moreno, Panhandle Home Health; Brenda Morrison, Bavarian Inn; Jennifer Myers, Jefferson County Parks and Recreation; Katherine Nolan, FLOC; Carrie Rannells, United Bank; Jessie Shanholtz, APUS; Gary Shepard, Harvest Point Community Church; Kimm Spencer, Chamber of Commerce; Melissa Thompson, APUS; and Amanda Trout, BCT; therefore, be it

    Resolved by the Senate:

    That the Senate hereby recognizes Leadership Jefferson for its service, dedication and commitment to Jefferson County; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials of Leadership Jefferson.

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

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

    Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.

    Senators Unger, Kessler (Mr. President), Prezioso, Miller, Klempa and Stollings offered the following resolution:

    Senate Resolution No. 35--Recognizing the town of Shepherdstown on the occasion of its 250th anniversary.

    Whereas, The lands just to the north of the Pack Horse Ford on the southern banks of the Cohongoroota (Potowmac) River at the northern end of the Shenandoah Valley were among the first areas settled by European Colonists in what is now known as West Virginia during the earliest years of the 18th Century; and

    Whereas, These lands lie in and around the town now known as Shepherdstown; and

    Whereas, Col. Thomas Shepherd was granted 222 acres of these lands in 1734, built a mill at this location, and proceeded to lay out a town encompassing some 50 acres; and

    Whereas, This town was formally incorporated in 1762 as the town of Mecklenburg, later changed to Shepherdstown; and

    Whereas, This town has had a long, rich history that includes many notable occurrences, such as in 1775, when General George Washington issued a call for "Virginia Volunteer Riflemen”. This famous "Beeline March to Cambridge” covered 600 miles in 24 days; and

    Whereas, The first successful trial of James Rumsey's steamboat in 1787, and the publication of the first book and newspaper in what is now known as West Virginia in the 1790s; and

    Whereas, The town of Shepherdstown this year is formally honoring that history by celebrating the 250th anniversary of its incorporation; therefore, be it

    Resolved by the Senate:

    That the Senate hereby recognizes the town of Shepherdstown on the occasion of its 250th anniversary; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials representing the town of Shepherdstown.

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

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

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

    Senate Concurrent Resolution No. 43, Requesting DOH name bridge in Roane County "Corder Bridge".

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

    The Senate proceeded to the eighth order of business.

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

    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, 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 and Kessler (Mr. President)--31.

    The nays were: None.

    Absent: Chafin, Fanning and Yost--3.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 204) 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. 205, Relating to construction zone signage.

    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, 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 and Kessler (Mr. President)--31.

    The nays were: None.

    Absent: Chafin, Fanning and Yost--3.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 205) 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. 457, Continuing Rural Health Initiative; other provisions.

    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, 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 and Kessler (Mr. President)--31.

    The nays were: None.

    Absent: Chafin, Fanning and Yost--3.

    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. 457) 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. 510, Amending election canvass and recount procedures.

    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, 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 and Kessler (Mr. President)--31.

    The nays were: None.

    Absent: Chafin, Fanning and Yost--3.

    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. 510) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, Boley, Browning, 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 and Kessler (Mr. President)--31.

    The nays were: None.

    Absent: Chafin, Fanning and Yost--3.

    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. 510) 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 Senate Bill No. 518, Prohibiting certain persons from holding elected or appointed office.

    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, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Wills and Kessler (Mr. President)--29.

    The nays were: Nohe and Tucker--2.

    Absent: Chafin, Fanning and Yost--3.

    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. 518) 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. 540, Relating to subdivision land development plans or plats.

    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, 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 and Kessler (Mr. President)--31.

    The nays were: None.

    Absent: Chafin, Fanning and Yost--3.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 540) 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. 554, Relating to write-in voting when using electronic voting systems.

    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, 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 and Kessler (Mr. President)--31.

    The nays were: None.

    Absent: Chafin, Fanning and Yost--3.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 554) passed.

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

    Eng. Senate Bill No. 554--A Bill to amend and reenact §3-6-5 of the Code of West Virginia, 1931, as amended, relating to elections and write-in candidates; and requiring a mark to indicate a write-in vote when electronic voting systems are used.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, Boley, Browning, 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 and Kessler (Mr. President)--31.

    The nays were: None.

    Absent: Chafin, Fanning and Yost--3.

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

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

    Senate Bill No. 137, Requiring certain lottery funds be used for public works projects.

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

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

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

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

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

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

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

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

    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. 406, Regulating commercial dog-breeding operations.

    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. 497, Awarding attorney fees and costs for administrative proceedings under WV Surface Coal Mining and Reclamation Act.

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

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

    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. 536, Authorizing Auditor's land department accept credit, debit or charge card payments.

    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. 563, Clarifying Chief Technology Officer's responsibility prior to transfer or retirement of certain equipment.

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

    The Senate proceeded to the tenth order of business.

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

    Com. Sub. for Senate Bill No. 12, Authorizing operation of low-speed vehicles in municipalities.

    Senate Bill No. 113, Observing week in which December 7 falls as Pearl Harbor and Military Appreciation week.

    Com. Sub. for Senate Bill No. 145, Allowing certain higher education students opt out of institutional insurance coverage.

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

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

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

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

    Com. Sub. for Com. Sub. for Senate Bill No. 478, Creating apprentice hunting and trapping license.

    Com. Sub. for Senate Bill No. 526, Relating to dedication of proceeds from county excise tax on transfer of real property.

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

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

    And,

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

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

    The Senate then proceeded to the twelfth order of business.

    Remarks were made by Senators K. Facemyer and Beach.

    At the request of Senator Beach, unanimous consent being granted, the Senate stood in observance of a moment of silence in recognition of the passing of Michael Todd May, a Monongalia County deputy who was killed in the line of duty.

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

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

    On motion of Senator Unger, leaves of absence for the day were granted Senators Chafin, Fanning and Yost.

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

    On motion of Senator Unger, the Senate adjourned until tomorrow, Tuesday, February 21, 2012, at 11 a.m.

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