Senate Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2014

SIXTEENTH DAY

____________

Charleston, W. Va., Thursday, January 23, 2014

    The Senate met at 11 a.m.

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

    Prayer was offered by Pastor Seth Polk, Cross Lanes Baptist Church, Cross Lanes, West Virginia.

    Pending the reading of the Journal of Wednesday, January 22, 2014,

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

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

    The Senate then proceeded to the third order of business.

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

    Senate Concurrent Resolution No. 7, Requesting Star City interchange on I-79 in Morgantown be named "Michael A. Oliverio, Sr., Interchange”.

    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. 4003--A Bill to amend and reenact §18-8-2 of the Code of West Virginia, 1931, as amended, relating to jurisdiction to enforce compulsory school attendance; granting jurisdiction in either county when county of residence and school of enrollment are different.

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

    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. 42--Expressing support of the House of Delegates urging Congress to revise the "Biggert-Waters Flood Insurance Reform Act of 2012.

    Referred to the Committee on Banking and Insurance.

    The Senate proceeded to the fourth order of business.

    Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 59, Relating to claims against counties, school districts or municipalities.

    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,

                               Herb Snyder,

                                 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 Government Organization pending.

    Senator Laird, from the Committee on Natural Resources, submitted the following report, which was received:

    Your Committee on Natural Resources has had under consideration

    Senate Bill No. 136, Authorizing DEP promulgate legislative rule relating to requirements governing water quality standards.

    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 the Judiciary.

                             Respectfully submitted,

                               William R. Laird IV,

                                 Chair.

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

    Senator Williams, 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. 143, Authorizing DEP promulgate legislative rule relating to voluntary remediation and redevelopment.

    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 the Judiciary.

                             Respectfully submitted,

                               Bob Williams,

                                 Chair.

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

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

    Your Committee on Finance has had under consideration

    Senate Bill No. 148, Authorizing DHHR promulgate legislative rule relating to clinical laboratory technician and technologist licensure and certification.

    Senate Bill No. 150, Authorizing DHHR promulgate legislative rule relating to AIDS-related medical testing and confidentiality.

    And,

    Senate Bill No. 151, Authorizing DHHR promulgate legislative rule relating to Cancer Registry.

    And reports the same back with the recommendation that they each do pass; but under the original triple committee references first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    The bills, under the original triple committee references, were then referred to the Committee on the Judiciary.

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

    Your Committee on Finance has had under consideration

    Senate Bill No. 154, Authorizing Bureau of Senior Services promulgate legislative rule relating to In-Home Care Worker Registry.

    And has amended same.

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    The bill, under the original triple committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Finance pending.

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

    Your Committee on Finance has had under consideration

    Senate Bill No. 158, Authorizing Regional Jail and Correctional Facility Authority promulgate legislative rule relating to determination of projected cost per day for inmates.

    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,

                               Roman W. Prezioso, Jr.,

                                 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 Finance pending.

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

    Your Committee on the Judiciary has had under consideration

    Senate Bill No. 196, Authorizing Division of Rehabilitation Services promulgate legislative rule relating to Ron Yost Personal Assistance Services Act Board.

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

    Com. Sub. for Senate Bill No. 196 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 4, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Education and the Arts; legislative mandate or authorization for the promulgation of certain legislative rules by various executive and administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; and authorizing the Division of Rehabilitation Services to promulgate a legislative rule relating to the Ron Yost Personal Assistance Services Act Board.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

    Your Committee on the Judiciary has had under consideration

    Senate Bill No. 251, Implementing terms of Uniform Arbitration Act.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 267, Ensuring state courts' jurisdiction of fraudulent or unauthorized purchasing card use.

    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 the Judiciary.

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

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

    Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 313, Requiring gubernatorial appointment of PSC Consumer Advocate Director.

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

    Com. Sub. for Senate Bill No. 313 (originating in the Committee on Government Organization)–-A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-1-10, relating to the Director of the Consumer Advocate Division of the Public Service Commission; requiring the director be appointed by the Governor with advice and consent of the Senate; and specifying the director’s term of office is to mirror the Governor’s term of office.

    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,

                               Herb Snyder,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 313), under the original double committee reference, was then referred to the Committee on the Judiciary.

    Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 322, Providing state compensate officials, officers and employees every two weeks.

    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,

                               Herb Snyder,

                                 Chair.

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

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

    Your Committee on Finance has had under consideration

    Senate Bill No. 341, Making supplementary appropriation from State Excess Lottery Revenue Fund to Division of Human Services.

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    Senator Laird, from the Committee on Natural Resources, submitted the following report, which was received:

    Your Committee on Natural Resources has had under consideration

    Senate Bill No. 373, Amending Water Resources Protection and Management Act.

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

    Com. Sub. for Senate Bill No. 373 (originating in the Committee on Natural Resources)--A Bill to amend and reenact §22-26-2, §22-26-3, §22-26-5, §22-26-6, §22-26-7 and §22-26-8 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §22-30-1, §22-30-2, §22-30-3, §22-30-4, §22-30-5, §22-30-6, §22-30-7, §22-30-8, §22-30-9, §22-30-10, §22-30-11, §22-30-12, §22-30-13, §22-30-14, §22-30-15, §22-30-16, §22-30-17, §22-30-18, §22-30-19, §22-30-20, §22-30-21, §22-30-22, §22-30-23, §22-30-24, §22-30-25 and §22-30-26, all relating to water resources and water protection; clarifying the Water Resources Protection and Management Act; establishing the Aboveground Storage Tank Water Resources Protection Act; making certain legislative findings; clarifying definitions; amending definition of “large-quantity user”; eliminating certain variance provisions; requiring certain reports from the secretary; requiring cooperating state agencies to continue funding levels for stream gaging network; requiring notification of inability to continue funding of stream gaging network; requiring information regarding private wells and depth to groundwater; requiring secretary to provide annual update on implementation of State Water Resources Management Plan; adopting State Water Resources Management Plan; requiring the Department of Environmental Protection to report biennially to commission regarding implementation of plan, survey results and act; requiring large-quantity users to submit reports annually; applying to aboveground storage tanks containing fluids except water; providing exemptions; establishing definitions; requiring registration and inventory of certain aboveground storage tanks; making it unlawful to construct, maintain or use any aboveground storage tank without a permit; requiring annual inspections of tanks; requiring financial resources to take corrective action; requiring corrective action for releases; requiring a spill prevention response plan; providing notice to local governments, water companies and industrial users; mandating signage; establishing registration fees and administrative fund; creating leaking response fund; permitting public access to information; establishing requirements for inspections monitoring and testing; providing for administrative orders and injunctive relief; providing for civil and criminal penalties; permitting appeals to Environmental Quality Board; prohibiting duplicative enforcement; reporting to Legislature; requiring interagency cooperation; permitting action for imminent and substantial danger; requiring source water protection plan; authorizing rulemaking; and setting forth powers and duties of secretary.

    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,

                               William R. Laird IV,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 373), under the original double committee reference, was then referred to the Committee on the Judiciary.

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

    Your Committee on the Judiciary has had under consideration

    Senate Bill No. 414, Redirecting nonprobate appraisement filings.

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

    Com. Sub. for Senate Bill No. 414 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §11-11-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §44-1-14 of said code, all relating to eliminating the filing of a nonprobate inventory form with the Tax Commissioner for decedents dying on and after July 1, 2014; providing for the filing of the nonprobate inventory form with the clerk of the county commission or fiduciary supervisor only; providing criminal penalties for failure to comply; and specifying effective dates.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    On motion of Senator Palumbo, the bill (Com. Sub. for S. B. No. 414) contained in the foregoing report from the Committee on the Judiciary was referred to the Committee on Finance.

    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 Senator Stollings:

    Senate Bill No. 418--A Bill to amend and reenact §30-3-15 of the Code of West Virginia, 1931, as amended, relating to licensing of medical corporations by the Board of Medicine; setting forth licensing requirements; requiring an application; setting forth shareholder requirements; allowing fees to be set by the board; setting forth procedures for medical corporations formed outside of the state; setting out notice and procedural requirements for the Secretary of State; allowing for employees of a medical corporation; providing for a certificate of authorization; setting forth conditions under which the medical corporation cease operations; and providing for criminal penalties for a violation of the section.

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

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

    Senate Bill No. 419--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-46-1, §16-46-2 and §16-46-3, all relating to creating a Good Samaritan policy for certain offenses.

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

    By Senators Plymale, Kessler (Mr. President), Beach, Cann, Chafin, Cookman, Facemire, Edgell, Kirkendoll, Laird, McCabe, Miller, Palumbo, Prezioso, Snyder, Stollings, Tucker, Williams, Wells and Barnes:

    Senate Bill No. 420--A Bill to amend and reenact §18B-1D-10 of the Code of West Virginia, 1931, as amended, relating to adding WorkForce West Virginia and the West Virginia Supreme Court of Appeals to the existing entities that are to enter into a state data-sharing compact; adding workforce data to the data that is to be included in the P-20W Longitudinal Data System; revising legislative findings; adding definitions; creating a governing board of the P-20W Longitudinal Data System; setting forth membership of the board; setting forth authority and duties of the board; adding requirements for the State Board of Education, the Higher Education Policy Commission, the Council for Community and Technical College Education and WorkForce West Virginia; requiring the data warehouse to be housed within the West Virginia Network for Educational Telecomputing; and adding components to the state data-sharing compact.

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

    By Senators Snyder, Blair, Beach and Barnes:

    Senate Bill No. 421--A Bill to amend and reenact §11-14C-23 of the Code of West Virginia, 1931, as amended, relating to the removal of certain tax discounts from the motor fuel excise tax.

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

    By Senators Plymale, Kessler (Mr. President), Kirkendoll, Stollings and Cookman:

    Senate Bill No. 422--A Bill to amend and reenact §18C-3-2 of the Code of West Virginia, 1931, as amended, relating to providing state aid for certain students pursuing certain degrees; requiring a service commitment to state and setting forth alternatives to service; requiring legislative rule; and specifying rule provisions.

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

    By Senators Cookman, Miller and Edgell:

    Senate Bill No. 423--A Bill to amend and reenact §61-11-26 of the Code of West Virginia, 1931, as amended, relating generally to the expungement of criminal convictions; permitting expungement of certain felony convictions; establishing the amount of time after conviction of a felony before expungement may be sought; creating exceptions; clarifying that retirement or employment benefits lost due to the conviction may not be reinstated due to an expungement; declaring that information related to the conviction is to be kept confidential, accessible to certain officials to ensure that only one expungement may be had per person; declaring that expungement does not preclude a person who has received an expungement from being subject to sentencing enhancements for second and subsequent violations; declaring that information in State Police database is sufficient to prove existence of prior convictions; establishing a fee to offset State Police administrative costs and to operate the Criminal Identification Bureau and other criminal justice services; establishing a special revenue account in the State Treasury for funds received; allowing funds not to expire; defining terms; and expanding a sixty-day time limit to ninety days.

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

    By Senators Stollings and Kirkendoll:

    Senate Bill No. 424--A Bill to amend and reenact §17F-1-3 of the Code of West Virginia, 1931, as amended, relating to authorization and regulation of unlicensed off-road motorcycles upon public streets, roads and highways by cities and counties within the Hatfield-McCoy recreation area.

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

    By Senators Stollings and Edgell:

    Senate Bill No. 425--A Bill to amend and reenact §30-3-16 and §30-3-16a of the Code of West Virginia, 1931, as amended, all relating to the licensure, supervision and regulation of physician assistants by the West Virginia Board of Medicine; defining term; providing for rule-making authority; setting forth licensing requirements; providing for a temporary license; providing for a practice agreement; setting out practice agreement requirements; setting forth requirements for a supervising physician; setting forth requirements for an alternate supervisory physician; providing for prescriptive authority for physician assistants; setting limits on the number of full-time physician assistants which may be supervised by a single supervisory physician; providing for emergency practice provisions; and providing for a summer camp license.

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

    By Senator Plymale:

    Senate Bill No. 426--A Bill to amend and reenact §18B-1B-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §18B-2A-1 of said code; and to amend and reenact §18B-2B-4 of said code, all relating to higher education; appointment of members to the Higher Education Policy Commission; appointment of members to the institutional boards of Governors; appointment of members to the West Virginia Council for Community and Technical College Education.

    Referred to the Committee on Education.

    Senators Kirkendoll, Stollings, Beach, Jenkins, Edgell and Plymale offered the following resolution:

    Senate Concurrent Resolution No. 14--Requesting the Division of Highways to name the bridge crossing Madison Creek between Logan and Man, approximately five hundred to six hundred feet below the new bridge at Rita Mall, in Logan County, known as the Midway Plate Girder Bridge, 0.01 mile south of West Virginia Route 10 near the intersection with the Guyandotte River, and NS Rail Road, bridge number 023-10-12.56, the “Tech 4 Grade, 185th Chemical Co, Bernard C. Maynard Memorial Bridge”.

    Whereas, Bernard C. Maynard was born May 18, 1918, and raised by his grandmother. He died June 27, 2010. He served in the United States Army from June 15, 1942, until November 29, 1944. He was awarded the WWII Victory Medal, Philippine Liberation Ribbon, two Bronze Stars, American Theater Ribbon, Asiatic Pacific Theater Ribbon and a Good Conduct Medal. He married Maggie Hatfield in 1946. They had seven children, adopted two and also took in three other children in need of a home. All of the children are surviving except for one. There are twenty-three grandchildren and thirty-four great grandchildren. He worked in the coal mines, had black lung and retired from the board of education after ten years as a custodian. He helped with the recovery after the Buffalo Creek flood, attended Madison Creek Church until it flooded and then attended Neibert Missionary Baptist. He was also a member of a ham radio club; and

    Whereas, It is only fitting that we so honor Bernard C. Maynard for his dedicated and selfless service to his country and for his contributions to Logan County; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name the bridge crossing Madison Creek between Logan and Man, approximately five hundred to six hundred feet below the new bridge at Rita Mall, in Logan County, known as the Midway Plate Girder Bridge, 0.01 mile south of West Virginia Route 10 near the intersection with the Guyandotte River, and NS Rail Road, bridge number 023-10-12.56, the “Tech 4 Grade, 185th Chemical Co, Bernard C. Maynard 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 “Tech 4 Grade, 185th Chemical Co, Bernard C. Maynard 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 and to the surviving children and relatives of Bernard C. Maynard.

    Which, under the rules, lies over one day.

    Senators Plymale, Beach, Stollings, Jenkins and Edgell offered the following resolution:

    Senate Concurrent Resolution No. 15--Requesting the Division of Highways to name bridge number 6-2-16.38, 0.73 miles south of County Route 1, on Route 2 in Cabell County, West Virginia, the “Army PFC Homer ‘Clyde’ Farley, Silver Star Recipient, and Army PFC Max O. Farley, Double Bronze Star Recipient, Memorial Bridge”.

    Whereas, Private Homer Farley was born in 1929; and

    Whereas, In 1950 Private Homer Farley was in Japan with the 25th I.D., 35th Infantry Regiment; and

    Whereas, When war broke out in Korea on June 24, 1950, the 24th Division was the only unit in Korea and was quickly overrun by the masses of NKPA Inmum Gun units marching southward toward Pusan. Private Homer Farley’s division arrived in Korea on or about July 10, 1950, along with some small numbers of infantry of the 1st Cavalry Division; and

    Whereas, The United States forces were pressed into an area and were in jeopardy of being pushed off the Korea peninsula by the overwhelming forces against them when Lt. General Walton Walker, under the command of Supreme Commander Douglas MacArthur, gave a “stand or die” order to troops in Korea and stated, “We will not have another Dunkirk”; and

    Whereas, Private Homer Farley’s company was attacked on August 18, 1950, and while many of his unit fled the NKP Army, Private Homer Farley got up in the back of a jeep and started firing a .50 caliber machine gun into the enemy. He most certainly took out many of the enemy soldiers to help hold the position but was killed in action that day. For his instantaneous and selfless actions he was awarded the Silver Star for Gallantry in Action, the third- highest military award; and

    Whereas, Private Homer Farley was also awarded the Purple Heart, the Combat Infantryman’s Badge, the National Defense Service Medal, the Korean Service Medal, the United Nations Service Medal, the Korean Presidential Unit Citation and the Republic of Korea Service Medal; and

    Whereas, It is a sad coincidence that Private Homer Farley was killed on his brother Max Owen Farley’s eighteenth birthday, August 18, 1950. His family was sent a letter from Ira P. Swift, later the Major General commanding the 25th I.D., expressing sorrow and regret for Private Homer Farley’s death; and

    Whereas, Private Homer Farley is buried in Greenbottom Cemetery, Greenbottom, in Cabell County; and

    Whereas, Private Max Farley enlisted in March, 1951, and was sent to Germany for the Allied Occupation of that country following World War II. He was prevented from going to Korea, as he wanted to fight, by his mother when she called her U. S. Senator and told him that she had one son killed in Korea and did not want another one to suffer the same fate; and

    Whereas, Private Max Farley was blocked from entering the Korean War for months until it was opened up to volunteer status and his mother could not prevent him from going there and fighting in the war effort. Private Max Farley was assigned to the 40th Infantry Division and received two Bronze Stars for Valor which is given for “Heroism in action against an armed enemy of the United States”. The Bronze Star is the fourth-highest military medal that a soldier can receive; and

    Whereas, Private Max Farley also served with the 3rd Armored Division’s 894th Tank Destroyer Battalion at Fort Knox for three years with one year in Iceland to provide security to that country against a possible Soviet attack; and

    Whereas, Private Max Farley passed away of lung cancer on June 29, 2007, at the Hospice House in Huntington; and

    Whereas, Both Farley brothers served their country and their state with great distinction of honor, Private Homer Farley having made the ultimate sacrifice. It is fitting and proper that they be remembered and acknowledged for their courageous actions and service; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name bridge number 6-2-16.38, 0.73 miles south of County Route 1, on Route 2 in Cabell County, West Virginia, the “Army PFC Homer ‘Clyde’ Farley, Silver Star Recipient, and Army PFC Max O. Farley, Double Bronze Star Recipient, 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 “Army PFC Homer ‘Clyde’ Farley, Silver Star Recipient, and Army PFC Max O. Farley, Double Bronze Star Recipient, 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 Commissioner of the Division of Highways, C. David Farley and the families of Army PFC Homer “Clyde” Farley and Army PFC Max O. Farley.

    Which, under the rules, lies over one day.

    The Senate proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 12, Requesting Joint Committee on Government and Finance study funding sources for law-enforcement training and certification programs.

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

    Senate Concurrent Resolution No. 13, Requesting DOH name new bridge on Rt. 58 in Anmore "PFC Nick Cavallaro Memorial 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 ninth order of business.

    Com. Sub. for Senate Bill No. 58, Relating to basis for voidable marriages and annulments.

    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. 310, Adjusting penalties for willful failure to pay child support.

    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. 350, Requiring Agriculture Commissioner propose legislative rules for Rural Rehabilitation Loan Program.

    On second reading, coming up in regular order, was read a second time.

    The following amendment to the bill, from the Committee on Agriculture and Rural Development, was reported by the Clerk and adopted:

    On page two, section eleven, line sixteen, after the word “agricultural” by inserting the words “or related”.

    On motion of Senator Miller, the following amendment to the bill (S. B. No. 350) was next reported by the Clerk and adopted:

    On page two, section eleven, line five, by striking out the words “rules for legislative” and inserting in lieu thereof the words “emergency and legislative rules for”.

    At the request of Senator Unger, and by unanimous consent, the bill (S. B. No. 350), as amended, was advanced to third reading with the right for further amendments to be considered on that 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, Relating to expedited partner therapy treatment.

    Senate Bill No. 208, Relating to Rural Health Initiative Act.

    Senate Bill No. 209, Allowing special needs students to participate in graduation ceremonies.

    Com. Sub. for Senate Bill No. 316, Relating to tolling with regard to civil actions.

    And,

    Senate Bill No. 359, Removing hand canvassing requirements of electronic voting machines.

    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 Cann, Blair and Miller.

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

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

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Friday, January 24, 2014, at 10 a.m.

____________