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Senate Journal


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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

EXTENDED SESSION, 2012

SIXTY-SECOND DAY

____________

Charleston, W. Va., Monday, March 12, 2012The Senate met at 6 p.m.

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

    Prayer was offered by Bishop Joe Thomas, Nondenominational Fellowship Pentecostal Ministries, Charleston, West Virginia.

    Pending the reading of the Journal of Sunday, March 11, 2012,

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

    The Senate proceeded to the third order of business.

Executive Communications

    The Clerk then presented communications from His Excellency, the Governor, advising that on March 12, 2012, he had approved Enr. Committee Substitute for Senate Bill No. 221, Enr. Committee Substitute for Committee Substitute for Senate Bill No. 564 and Enr. Committee Substitute for House Bill No. 4122.

    The Senate proceeded to the fourth order of business.

    Senator Tucker, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:

    Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 10th day of March, 2012, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:

    (Com. Sub. for H. B. No. 4088), Repealing the West Virginia telecommunications tax.

    (Com. Sub. for H. B. No. 4338), Raising the maximum value amount of an abandoned motor vehicle.

    (Com. Sub. for H. B. No. 4345), Prohibiting the unauthorized sale of railroad scrap metal.

    (Com. Sub. for H. B. No. 4351), Relating to mine safety.

    (Com. Sub. for H. B. No. 4398), Declaring certain claims against the state and its agencies to be moral obligations of the state.

    (H. B. No. 4481), Relating to the Comprehensive Behavioral Health Commission.

    (H. B. No. 4523), Relating to the Bureau for Child Support enforcement and reporting employment and income of an independent contractor.

    (Com. Sub. for H. B. No. 4530), Authorizing the Public Service Commission to consider and issue a financing order to certain regulated electric utilities to permit the recovery of expanded net energy costs.

    (Com. Sub. for H. B. No. 4630), Modifying the membership of the Braxton County Recreational Development Authority.

    And,

    (H. B. No. 4654), Relating to the provision of mailing services by the CPRB to certain retiree organizations.

                             Respectfully submitted,

                               Gregory A. Tucker,

                                 Chair, Senate Committee.

                               Meshea L. Poore,

                                 Chair, House Committee.

    Senator Tucker, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:

    Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 12th day of March, 2012, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:

    (S. B. No. 214), Clarifying sunrise review requirement for establishment, revision or expansion of professional scope of practice.

    (Com. Sub. for S. B. No. 382), Relating to sex offender registration.

    (Com. Sub. for S. B. No. 536), Authorizing Auditor's land department accept credit, debit or charge card payments.

    (Com. Sub. for H. B. No. 2521), Eliminating the requirement of serving domestic violence orders by certified mail.

    (Com. Sub. for H. B. No. 3128), Relating to filing a civil petition for expungement of records relating to an arrest.

    (Com. Sub. for H. B. No. 4001), Authorizing boards to establish fees by legislative rule.

    (H. B. No. 4002), Relating to annual seminar requirements for professional licensing boards.

    (H. B. No. 4097), Creating a license to practice hair styling.

    (Com. Sub. for H. B. No. 4125), Correcting date for schools to send notice to parents alerting them to the existence of the school's crisis response plan.

    (H. B. No. 4126), Authorizing legislative rules for the Higher Education Policy Commission and Council for Community and Technical College Education.

    (Com. Sub. for H. B. No. 4220), Authorizing the department of commerce to promulgate legislative rules.

    (Com. Sub. for H. B. No. 4238), Establishing procedures for address confidentiality program participants on the special absentee voting list.

    (H. B. No. 4299), Authorizing a county board of education to use the services of a bus operator from another county in certain circumstances.

    (H. B. No. 4320), Relating to the settlement of violations of the Hazardous Waste Management Act by consent agreements.

    (H. B. No. 4330), Providing that drivers licenses may contain information designating the licensee as a person who is an honorably discharged veteran.

    And,

    (H. B. No. 4583), Changing certain deadlines associated with the termination, resignation and transfer of school personnel.

                             Respectfully submitted,

                               Gregory A. Tucker,

                                 Chair, Senate Committee.

                               Meshea L. Poore,

                                 Chair, House Committee.

    The Senate proceeded to the twelfth order of business.

    Remarks were made by Senators McCabe, Chafin, Fanning and Foster.

    Senator Unger then moved that the Senate adjourn until tomorrow, Tuesday, March 13, 2012, at 11 a.m.

    The question being on the adoption of Senator Unger’s aforestated motion, and on this question, Senator Fanning demanded the yeas and nays.

    The roll being taken, the yeas were: Boley, Browning, Chafin, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Williams, Wills, Yost and Kessler (Mr. President)--29.

    The nays were: Barnes, Beach, Klempa and Wells--4.

    Absent: K. Facemyer--1.

    So, a majority of those present and voting having voted in the affirmative, the President declared Senator Unger’s motion had prevailed.

    In accordance with the foregoing motion, the Senate adjourned until tomorrow, Tuesday, March 13, 2012, at 11 a.m.

__________

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