Senate Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2013

SIXTH DAY

____________

Charleston, W. Va., Monday, February 18, 2013

    The Senate met at 1 p.m.

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

    Prayer was offered by Pastor Michael Argabrite, Grace Chapel Baptist Church, Kingwood, West Virginia.

    Pending the reading of the Journal of Friday, February 15, 2013,

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

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

    At the request of Senator Unger, and by unanimous consent, the provisions of rule number fifty-four of the Rules of the Senate, relating to persons entitled to the privileges of the floor, were suspended in order to grant the Honorable Nick Joe Rahall II, United States House of Representatives member for West Virginia’s third congressional district, privileges of the floor for the day.

    The Senate proceeded to the third order of business.

    Senator Kessler (Mr. President) laid before the Senate the following communication from His Excellency, the Governor, consisting of executive nominations for appointees:

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

February 18, 2013

Senate Executive Message No. 2

TO: The Honorable Members of the

    West Virginia Senate

Ladies and Gentlemen:

    I respectfully submit the following nominations for your advice and consent:

      1. For Member, Board of Medicine, Dr. Carlos Jimenez, Glen Dale, Marshall County, for the term ending September 30, 2016.

      2. For Member, Board of Medicine, Dr. R. Curtis Arnold, Hurricane, Putnam County, for the term ending September 30, 2016.

      3. For Member, Nursing Home Administrators Licensing Board, Joseph Bucher, Elkins, Randolph County, for the term ending June 30, 2015.

      4. For Member, Women’s Commission, Barbara Kyle, Daniels, Raleigh County, for the term ending June 30, 2014.

      5. For Member, Women’s Commission, Jean Ford, Williamstown, Wood County, for the term ending June 30, 2013.

      6. For Member, Women’s Commission, Kathleen McDermott, Wheeling, Ohio County, for the term ending June 30, 2014.

      7. For Member, State Personnel Board, Randy Hansford, Ghent, Raleigh County, for the term ending June 30, 2014.

      8. For Member, Public Port Authority, Patrick Ford, Weirton, Hancock County, for the term ending June 30, 2014.

      9. For Member, Design-Build Board, Donald Gombert, Crab Orchard, Raleigh County, for the term ending July 7, 2014.

     10. For Member, Design-Build Board, John Goetz IV, Dunbar, Kanawha County, for the term ending July 7, 2013.

     11. For Member, Design-Build Board, Marc Monteleone, Charleston, Kanawha County, for the term ending July 7, 2014.

     12. For Member, Design-Build Board, Roy Smith, Beckley, Raleigh County, for the term ending July 7, 2013.

     13. For Member, Design-Build Board, Rodney Clay, Charleston, Kanawha County, for the term ending July 7, 2014.

     14. For Member, Design-Build Board, Henry Wood Thrasher, Clarksburg, Harrison County, for the term ending July 7, 2014.

     15. For Member, Design-Build Board, Mary Jo Klempa, Wheeling, Ohio County, for the term ending July 7, 2013.

     16. For Member, Design-Build Board, Ronnie Spradling, St. Albans, Kanawha County, for the term ending July 7, 2013.

     17. For Member, Board of Coal Mine Health and Safety, Terry Hudson, Flat Top, Mercer County, for the term ending June 30, 2015.

     18. For Member, Parole Board, Peggy Pope, Charleston, Kanawha County, for the term ending June 30, 2018.

     19. For Member, Parole Board, Benita Murphy, Logan, Logan County, for the term ending June 30, 2018.

     20. For Member, Board of Control for Southern Regional Education, Paul Hill, for the term ending June 30, 2016.

     21. For Member, West Virginia University Board of Governors, Ray Lane, Atherton, California, for the term ending June 30, 2016.

     22. For Member, West Virginia University Board of Governors, The Honorable James Robert Rogers, Ponte Vedra Beach, Florida, for the term ending June 30, 2016.

     23. For Member, West Virginia University Board of Governors, Charles Vest, Washington, D. C., for the term ending June 30, 2016.

     24. For Member, Eastern West Virginia Community and Technical College Board of Governors, Curtis Durst, Fisher, Hardy County, for the term ending June 30, 2016.

     25. For Member, Eastern West Virginia Community and Technical College Board of Governors, Richard Gillespie, Franklin, Pendleton County, for the term ending June 30, 2016.

     26. For Member, Broadband Deployment Council, Dana Waldo, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.

     27. For Member, Shepherd University Board of Governors, Dr. John Younis, Shepherdstown, Jefferson County, for the term ending June 30, 2016.

     28. For Member, West Virginia School of Osteopathic Medicine Board of Governors, Cheryl Schreiber, Weirton, Brooke County, for the term ending June 30, 2016.

     29. For Member, West Virginia School of Osteopathic Medicine Board of Governors, Dr. Charles Davis, Stow, Ohio, for the term ending June 30, 2016.

     30. For Member, Fairmont University Board of Governors, Dr. Chris Courtney, Bridgeport, Harrison County, for the term ending June 30, 2016.

     31. For Member, Fairmont University Board of Governors, Ron Tucker, Fairmont, Marion County, for the term ending June 30, 2016.

     32. For Member, Fairmont University Board of Governors, Mark Pallotta, Fairmont, Marion County, for the term ending June 30, 2016.

     33. For Member, Southern West Virginia Community and Technical College Board of Governors, Thomas Heywood, Charleston, Kanawha County, for the term ending June 30, 2016.

     34. For Member, Southern West Virginia Community and Technical College Board of Governors, Jada Hunter, Williamson, Mingo County, for the term ending June 30, 2016.

     35. For Member, Southern West Virginia Community and Technical College Board of Governors, Terry Sammons, Gilbert, Mingo County, for the term ending June 30, 2015.

     36. For Member, West Liberty University Board of Governors, Richard Carter, Wheeling, Ohio County, for the term ending June 30, 2016.

     37. For Member, West Liberty University Board of Governors, Patrick Kelly, Charleston, Kanawha County, for the term ending June 30, 2016.

     38. For Member, Broadband Deployment Council, James Nestor, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.

     39. For Member, Broadband Deployment Council, Jim Martin, Bridgeport, Harrison County, to serve at the will and pleasure of the Governor.

     40. For Member, Council for Community and Technical College Education, Steve Roberts, Follansbee, Brooke County, for the term ending December 20, 2015.

     41. For Member, Veterans’ Council, Hershel Woodrow Williams, Ona, Cabell County, for the term ending June 30, 2018.

     42. For Member, Housing Development Fund, J. D. Stricklen, Blue Creek, Kanawha County, for the term ending October 30, 2015.

     43. For Member, Board of Landscape Architects, Jason Testman, Charleston, Kanawha County, for the term ending June 30, 2014.

     44. For Member, Board of Landscape Architects, John Rudmann, Morgantown, Monongalia County, for the term ending June 30, 2013.

     45. For Member, Board of Landscape Architects, Michael Biafore, Morgantown, Monongalia County, for the term ending June 30, 2015.

     46. For Member, Bridgemont Community and Technical College Board of Governors, Sarah Smith, Charleston, Kanawha County, for the term ending June 30, 2016.

     47. For Member, Bridgemont Community and Technical College Board of Governors, Karen Price, Charleston, Kanawha County, for the term ending June 30, 2016.

     48. For Member, Bridgemont Community and Technical College Board of Governors, Tom Dover, Charleston, Kanawha County, for the term ending June 30, 2016.

     49. For Member, Glenville State College Board of Governors, Ralph Holder, Belpre, Ohio, for the term ending June 30, 2016.

     50. For Member, Glenville State College Board of Governors, Stephen Gandee, Jane Lew, Lewis County, for the term ending June 30, 2016.

     51. For Member, Kanawha Valley Community and Technical College Board of Governors, Bradley Shafer, Clendenin, Kanawha County, for the term ending June 30, 2016.

     52. For Member, Kanawha Valley Community and Technical College Board of Governors, Gregory Barker, Leon, Mason County, for the term ending June 30, 2016.

     53. For Member, Kanawha Valley Community and Technical College Board of Governors, Mark Dempsey, Charleston, Kanawha County, for the term ending June 30, 2016.

     54. For Member, Kanawha Valley Community and Technical College Board of Governors, Jan Vineyard, for the term ending June 30, 2016.

     55. For Member, Kanawha Valley Community and Technical College Board of Governors, Robert Manley, Charleston, Kanawha County, for the term ending June 30, 2014.

     56. For Member, Concord University Board of Governors, Greg Allen, Scottsdale, Arizona, for the term ending June 30, 2016.

     57. For Member, Veterans’ Council, Randall Bare, Sandyville, Jackson County, for the term ending June 30, 2018.

     58. For Member, Broadband Deployment Council, Jeffrey Wise, Follansbee, Brooke County, to serve at the will and pleasure of the Governor.

     59. For Member, Statewide Independent Living Council, Marian Steele, Summersville, Nicholas County, for the term ending June 30, 2015.

     60. For Member, Statewide Independent Living Council, Sarah Mathis, Grassy Meadows, Greenbrier County, for the term ending June 30, 2015.

     61. For Member, Statewide Independent Living Council, Darla Ervin, Morgantown, Monongalia County, for the term ending June 30, 2015.

     62. For Member, Statewide Independent Living Council, Joyce Floyd, Elkins, Randolph County, for the term ending June 30, 2015.

     63. For Member, Statewide Independent Living Council, Cathy Hutchinson, Huntington, Cabell County, for the term ending June 30, 2015.

     64. For Member, Statewide Independent Living Council, Sandy Haberbosch, Shinnston, Harrison County, for the term ending June 30, 2015.

     65. For Member, Statewide Independent Living Council, Sarah Rogers, Charleston, Kanawha County, for the term ending June 30, 2015.

     66. For Member, Statewide Independent Living Council, Jan Derry, Morgantown, Monongalia County, for the term ending June 30, 2015.

     67. For Member, Statewide Independent Living Council, Scott Gossard, Petersburg, Grant County, for the term ending June 30, 2015.

     68. For Member, Coal Resource Transportation Designation Committee, Richard Ryan, Sod, Lincoln County, for the term ending June 30, 2014.

     69. For Member, Board of Chiropractic, Dr. Jeffrey Summers, Charleston, Kanawha County, for the term ending June 30, 2015.

     70. For Member, Family Protection Services Board, Judy King Smith, Morgantown, Monongalia County, for the term ending June 30, 2014.

     71. For Member, Public Port Authority, J. Eric Peters, Sistersville, Tyler County, for the term ending June 30, 2013.

     72. For Member, Public Port Authority, Newton Thomas, Jr., Charleston, Kanawha County, for the term ending June 30, 2015.

     73. For Member, Public Port Authority, David Efaw, Blount, Kanawha County, for the term ending June 30, 2015.

     74. For Member, Public Port Authority, The Honorable Charles Lanham, Point Pleasant, Mason County, for the term ending June 30, 2014.

     75. For Member, Public Port Authority, Jim Llaneza, Clarksburg, Harrison County, for the term ending June 30, 2015.

     76. For Member, Public Port Authority, Stratius Fotos, Huntington, Cabell County, for the term ending June 30, 2015.

     77. For Member, Public Port Authority, Gerald Sites, Petersburg, Grant County, for the term ending June 30, 2014.

     78. For Member, Board of Miner Training, Education and Certification, Terry Osborne, Morgantown, Monongalia County, for the term ending June 30, 2015.

     79. For Member, Bluefield State College Board of Governors, Garry Moore, Sr., Bluefield, Mercer County, for the term ending June 30, 2014.

     80. For Member, Bluefield State College Board of Governors, Lois Ann Manns, Beckley, Raleigh County, for the term ending June 30, 2014.

     81. For Member, Bluefield State College Board of Governors, Anne Lantry, Princeton, Mercer County, for the term ending June 30, 2016.

     82. For Member, Family Protection Services Board, Patricia Bailey, Beaver, Raleigh County, for the term ending June 30, 2015.

     83. For Member, West Virginia Board of Education, The Honorable Thomas W. Campbell, Lewisburg, Greenbrier County, for the term ending November 4, 2021.

     84. For Member, Veterans’ Council, Harrison Gilliam, Huntington, Cabell County, for the term ending June 30, 2015.

     85. For Member, West Virginia State University Board of Governors, Larry Salyers, Charleston, Kanawha County, for the term ending June 30, 2016.

     86. For Member, West Virginia State University Board of Governors, Paul Konstanty, Hurricane, Putnam County, for the term ending June 30, 2013.

     87. For Member, West Virginia State University Board of Governors, John Thralls, Hurricane, Putnam County, for the term ending June 30, 2016.

     88. For Member, Board of Optometry, Dr. James Campbell, New Martinsville, Wetzel County, for the term ending June 30, 2015.

     89. For Member, Board of Optometry, Lori Gemondo, Bridgeport, Harrison County, for the term ending June 30, 2015.

     90. For Member, Board of Optometry, Dr. Mason White II, Logan, Logan County, for the term ending June 30, 2015.

     91. For Director, Office of Miners’ Health, Safety and Training, Ernest Eugene White, Dorothy, Raleigh County, to serve at the will and pleasure of the Governor.

     92. For Secretary, Department of Administration, Roscoe Taylor, Ripley, Jackson County, to serve at the will and pleasure of the Governor.

     93. For Member, Board of Funeral Service Examiners, John Fahey, Wheeling, Ohio County, for the term ending June 30, 2015.

     94. For Member, Housing Development Fund, R. Fred Clark, Logan, Logan County, for the term ending October 16, 2016.

     95. For Member, Jobs Investment Trust Board, Tim Millne, Huntington, Cabell County, for the term ending June 30, 2016.

     96. For Member, Property Valuation and Training Procedures Commission, Jason Nettles, Grantsville, Calhoun County, for the term ending June 30, 2014.

     97. For Member, Property Valuation and Training Procedures Commission, Harvey Young, Fayetteville, Fayette County, for the term ending June 30, 2016.

     98. For Member, Investment Management Board of Trustees, Judy Hale, Winfield, Putnam County, for the term ending January 31, 2013.

     99. For Member, Jobs Investment Trust Board, William Goode, Hurricane, Putnam County, for the term ending June 30, 2016.

    100.For Member, Property Valuation and Training Procedures Commission, Janice LaRue, Keyser, Mineral County, for the term ending June 30, 2016.

    101.For Member, Property Valuation and Training Procedures Commission, Mickey Brown, Madison, Boone County, for the term ending June 30, 2014.

    102.For Member, Fire Commission, John Holstein, Madison, Boone County, for the term ending June 30, 2017.

    103.For Member, Board of Chiropractic, Dr. Holly Harvey, Union, Monroe County, for the term ending June 30, 2016.

    104.For Member, Board of Chiropractic, H. Jarrett Walker, Charleston, Kanawha County, for the term ending June 30, 2015.

    105.For Member, Board of Medicine, Dr. Kishore Challa, Charleston, Kanawha County, for the term ending September 30, 2017.

    106.For Member, Real Estate Commission, Densil Nibert, Shenandoah Junction, Jefferson County, for the term ending June 30, 2016.

    107.For Member, Board of Osteopathic Medicine, Dr. Arthur Rubin, Charleston, Kanawha County, for the term ending June 30, 2017.

    108.For Member, Board of Osteopathic Medicine, Dr. Michael Muscari, Pineville, Wyoming County, for the term ending June 30, 2017.

    109.For Member, Livestock Care Standards Board, Phillip Gregg, Masontown, Preston County, for the term ending June 30, 2018.

    110.For Member, Livestock Care Standards Board, Norma Davis, Pennsboro, Ritchie County, for the term ending June 30, 2017.

    111.For Member, Livestock Care Standards Board, Dale Walker, Fort Seybert, Pendleton County, for the term ending June 30, 2016.

    112.For Member, Livestock Care Standards Board, Richard Woodworth, Burlington, Mineral County, for the term ending June 30, 2018.

    113.For Member, Livestock Care Standards Board, Steve Conrad, Brandywine, Pendleton County, for the term ending June 30, 2017.

    114.For Member, Livestock Care Standards Board, Noah Perry, Buffalo, Putnam County, for the term ending June 30, 2018.

    115.For Member, Livestock Care Standards Board, Todd Butler, Inwood, Berkeley County, for the term ending June 30, 2015.

    116.For Member, State Board of Education, Tina Combs, Bunker Hill, Berkeley County, for the term ending November 4, 2016.

    117.For Chief Administrative Law Judge, Office of Tax Appeals, A. M. Pollack, Elkview, Kanawha County, for the term ending June 30, 2016.

    118.For Member, Livestock Care Standards Board, Dr. John Wilson, Lewisburg, Greenbrier County, for the term ending June 30, 2015.

    119.For Member, Racing Commission, Bill Phillips, Jr., Elkins, Randolph County, for the term ending April 1, 2016.

    120.For Member, Lottery Commission, Joey Crawford, St. Albans, Kanawha County, for the term ending June 30, 2016.

    121.For Member, Election Commission, Taylor Downs, Morgantown, Monongalia County, for the term ending June 4, 2017.

    122.For Member, Lottery Commission, David McCormick, Jr., Morgantown, Monongalia County, for the term ending June 30, 2017.

    123.For Member, Education Broadcasting Authority, Corley Dennison III, Ona, Cabell County, for the term ending June 30, 2018.

    Notice of these appointments was previously provided to the appropriate legislative staff at the time the appointments were made.

                             Sincerely,

                               Earl Ray Tomblin,

                                 Governor.

    Which communication was received and referred to the Committee on Confirmations and incorporated with the appointment submitted by the Regional Jail and Correctional Facility Authority received earlier this session; all to be considered as a special order of business for Saturday, April 13, 2013, at 11 a.m.

    The Senate proceeded to the sixth order of business.

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

    By Senators Stollings, Jenkins, Kirkendoll, Laird, Miller, Palumbo, Plymale, Prezioso, Tucker, Yost, Boley, M. Hall and Nohe:

    Senate Bill No. 193--A Bill to repeal §27-16-1, §27-16-2, §27-16-3, §27-16-4 and §27-16-5 of the Code of West Virginia, 1931, as amended, relating to sterilization of mental defectives.

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

    By Senators Stollings, Jenkins, Kirkendoll, Laird, Miller, Palumbo, Plymale, Prezioso, Tucker, Yost, Boley and M. Hall:

    Senate Bill No. 194--A Bill to repeal §9-2-9b of the Code of West Virginia, 1931, as amended, relating to contract procedures for the Medicaid program.

    Referred to the Committee on Government Organization.

    By Senators Stollings, Jenkins, Kirkendoll, Laird, Miller, Palumbo, Plymale, Prezioso, Tucker, Yost, Boley, M. Hall and Beach:

    Senate Bill No. 195--A Bill to amend and reenact §11-27-38 of the Code of West Virginia, 1931, as amended, relating generally to health care provider taxes; and removing the expiration date for tax rate on eligible acute care hospitals.

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

    By Senator Beach:

    Senate Bill No. 196--A Bill to amend and reenact §19-1A-3 of the Code of West Virginia, 1931, as amended, relating to transferring the supervisory and jurisdictional responsibilities of the area of Coopers Rock State Forest located south of Interstate 68 and the area located north of Interstate 68 known as the trout pond and its immediate environs from the Division of Forestry to the Division of Natural Resources; and clarifying that the sale of timber from those designated areas is under the jurisdiction and control of the Director of the Division of Natural Resources.

    Referred to the Committee on Natural Resources; and then to the Committee on Government Organization.

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

    Senate Bill No. 197--A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2013, in the amount of $23,972,984 from the Department of Administration - Office of the Secretary, fund 0186, fiscal year 2008, organization 0201, activity 635, and in the amount of $5,000,000 from the Department of Commerce, Division of Natural Resources, fund 0265, fiscal year 2008, organization 0310, activity 761, and making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Administration, Public Defender Services, fund 0226, fiscal year 2013, organization 0221, and to the Department of Health and Human Resources, Division of Human Services, fund 0403, fiscal year 2013, organization 0511, by supplementing and amending the appropriations for the fiscal year ending June 30, 2013.

    Referred to the Committee on Finance.

    By Senators Yost, Fitzsimmons and Beach:

    Senate Bill No. 198--A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as amended, relating to dangerous weapons; and providing an exception to the requirement of having a license to carry a concealed weapon by magistrates and municipal court judges.

    Referred to the Committee on the Judiciary.

    By Senator Kessler (Mr. President):

    Senate Bill No. 199--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-1D-1, relating to the agreement among states to elect the President by national popular vote.

    Referred to the Committee on Interstate Cooperation; and then to the Committee on the Judiciary.

    By Senator Laird:

    Senate Bill No. 200--A Bill to amend and reenact §62-1E-1, §62-1E-2 and §62-1E-3 of the Code of West Virginia, 1931, as amended, all relating to eyewitness identification; defining terms; increasing requirements for performing an eyewitness identification; authorizing mandatory legislative rule-making authority for creating additional requirements and expanding upon current requirements in all aspects of eyewitness identification; requiring the legislative rules to include consequences for noncompliance, training requirements, policy requirements and the creation of a model policy; stating that the rules shall be created by the Governor’s Committee on Crime, Delinquency and Correction in consultation with certain eyewitness identification practitioners and experts; and requiring the State Police to create certain educational materials associated with eyewitness identification.

    Referred to the Committee on the Judiciary.

    By Senators Stollings, Jenkins, Kirkendoll, Laird, Miller, Palumbo, Plymale, Prezioso, Tucker, Yost, Boley and M. Hall:

    Senate Bill No. 201--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; 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; and then to the Committee on the Judiciary.

    By Senators Kessler (Mr. President), Fitzsimmons, Beach, Miller, Laird, Nohe and Stollings:

    Senate Bill No. 202--A Bill to amend and reenact §19-14-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §19-20C-1, §19-20C-2, §19-20C-3, §19-20C-4 and §19-20C-5, all relating to creating and funding the Spay Neuter Assistance Fund; defining the purposes of the fund; requiring bookkeeping standards and annual reporting; and increasing certain commercial and pet feed registration fees.

    Referred to the Committee on Agriculture and Rural Development; and then to the Committee on Finance.

    By Senators Williams, Beach, Sypolt, Plymale and Nohe:

    Senate Bill No. 203--A Bill to amend and reenact §20-2-8 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-3B-1 of said code, all relating to posting of property to prohibit hunting or trespassing; and allowing posting by clearly visible paint markings.

    Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.

    By Senators Snyder and Miller:

    Senate Bill No. 204--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 Government Organization; and then to the Committee on the Judiciary.

    By Senators Palumbo, Fitzsimmons, Beach, Chafin, Wells and Plymale:

    Senate Bill No. 205--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-5-13g, relating to juvenile proceedings; proscribing juveniles from manufacturing, possessing and distributing nude or partially nude images of minors; declaring a violation to be an act of juvenile delinquency; and providing for the punishment thereof.

    Referred to the Committee on the Judiciary.

    By Senators Stollings, Kirkendoll, Miller, Palumbo, Plymale, Prezioso, Tucker, Yost, M. Hall and Nohe:

    Senate Bill No. 206--A Bill to repeal §18-2-6a of the Code of West Virginia, 1931, as amended, relating to the sale of healthy beverages and soft drinks in schools.

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

    By Senator Barnes:

    Senate Joint Resolution No. 5--Proposing an amendment to the Constitution of the State of West Virginia, amending section fifteen, article III thereof, relating to religious freedom; numbering and designating such proposed amendment; 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 Sypolt, Unger, Chafin, Miller, Wells, Plymale, Williams and Stollings offered the following resolution:

    Senate Resolution No. 10--Designating February 18, 2013, as “Preston County Day at the Legislature”.

    Whereas, Preston County is rich in historical, cultural and recreational tradition; and

    Whereas, Preston County was formed from Monongalia County in 1818, and is celebrating its 195th anniversary; and

    Whereas, Preston County businesses and citizens past and present contribute to the heritage and economic success of Preston County; and

    Whereas, Citizens of Preston County have bravely provided service to every branch of the United States military; and

    Whereas, The citizens of Preston County travel to the state capitol on an annual basis during the legislative session to participate in the democratic process, in which they share their accomplishments, aspirations and concerns with lawmakers; and

    Whereas, It is fitting to recognize Preston County for its history, culture, economy and future development in the State of West Virginia; therefore, be it

    Resolved by the Senate:

    That the Senate hereby designates February 18, 2013, as “Preston County Day at the Legislature”; and, be it

    Further Resolved, That the Senate acknowledges the many important contributions the citizens and businesses of Preston County make in the State of West Virginia and encourages those citizens to participate in the democratic process; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of Preston County.

    At the request of Senator Sypolt, 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 Wells, Unger, Kessler (Mr. President), Fitzsimmons, Chafin, Beach, Miller, Laird, Williams, Plymale, Snyder, Jenkins and Stollings offered the following resolution:

    Senate Resolution No. 11--Designating February 18, 2013, 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 18, 2013, 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.

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

    Upon expiration of the recess, the Senate reconvened and, at the request of Senator Plymale, and by unanimous consent, returned to the second order of business and the introduction of guests.

    The Senate proceeded to the tenth order of business.

    Com. Sub. for Senate Bill No. 74, Replacing "other infamous offense" term relating to jury service disqualification.

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

    Com. Sub. for Senate Bill No. 116, Relating to crimes against property involving graffiti.

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

    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 Sypolt.

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Tuesday, February 19, 2013, at 11 a.m.

____________