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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-SECOND LEGISLATURE

REGULAR SESSION, 2015

THIRD DAY

____________

Charleston, W. Va., Friday, January 16, 2015

            The Senate met at 10 a.m.

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

            Prayer was offered by Pastor Chad Cowen, Pastor of Care Ministries, Bible Center Church, Charleston, West Virginia.

            The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Dave Sypolt, a senator from the fourteenth district.

            Pending the reading of the Journal of Thursday, January 15, 2015,

            On motion of Senator Stollings, 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 Clerk presented a communication from the Department of Environmental Protection, submitting its annual report of the Oil and Gas Operating Permit and Processing Fund, in accordance with chapter twenty-two, article six, section twenty-nine of the Code of West Virginia.

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

            The Clerk presented a communication from the Department of Environmental Protection, submitting its annual Oil and Gas Reclamation Fund report as required by chapter twenty-two, article six, section twenty-nine of the Code of West Virginia.

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

            The Clerk presented a communication from the Division of Motor Vehicles, submitting its annual Motor Vehicle Alcohol Test and Lock Program report, in accordance with chapter seventeen-c, article five-a, section three-a of the Code of West Virginia.

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

            The Clerk presented a communication from the Motorcycle Safety Awareness Board, submitting its annual report as required by chapter seventeen-b, article one-d, section eight 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 concurrence by that body in the adoption of

            Senate Concurrent Resolution No. 1, Authorizing payment of supplies, services, printing and other expenses.

            The Senate then proceeded to the fourth order of business.

            Senator Trump, 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. 3, Relating to real property possessor's liability for trespasser harm.

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

                                                                        Respectfully submitted,

                                                                          Charles S. Trump IV,

                                                                            Chair.

            Senator Ferns, from the Committee on Health and Human Resources, submitted the following report, which was received:

            Your Committee on Health and Human Resources has had under consideration

            Senate Bill No. 171, Authorizing DHHR promulgate legislative rule relating to chronic pain management clinic licensure.

            And,

            Senate Bill No. 172, Authorizing DHHR promulgate legislative rule relating to Fatality and Mortality Review Team.

            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 Finance ; and then to the Committee on the Judiciary.

                                                                        Respectfully submitted,

                                                                          Ryan J. Ferns,

                                                                            Chair.

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

            Senator Ferns, from the Committee on Health and Human Resources, submitted the following report, which was received:

            Your Committee on Health and Human Resources has had under consideration

            Senate Bill No. 173, Authorizing DHHR promulgate legislative rule relating to medication administration and performance of health maintenance tasks by approved medication assistive personnel.

            Senate Bill No. 174, Authorizing DHHR promulgate legislative rule relating to nurse aid abuse and neglect registry.

            Senate Bill No. 175, Authorizing DHHR promulgate legislative rule relating to public water systems.

            Senate Bill No. 176, Authorizing DHHR promulgate legislative rule relating to nursing home licensure.

            And,

            Senate Bill No. 177, Authorizing DHHR promulgate legislative rule relating to statewide trauma/emergency care system.

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

                                                                        Respectfully submitted,

                                                                          Ryan J. Ferns,

                                                                            Chair.

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

            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 D. Hall, Romano, Snyder, Facemire and Williams:

            Senate Bill No. 237--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-5, §19-2H-6, §19-2H-7, §19-2H-8, §19-2H-9, §19-2H-10, §19-2H-11, §19-2H-12, §19-2H-13, §19-2H-14 and §19-2H-15; to amend and reenact §19-29-2 of said code; to amend and reenact §20-1-2 of said code; and to amend and reenact §20-2-11 and §20-2-12 of said code, all relating to regulating captive cervid farming as an agricultural enterprise in this state; stating powers and duties of the Department of Agriculture; promulgating rules; establishing duties and obligation of the commissioner; creating application process; issuing, renewing, modifying and transferring license certificates; inspecting facilities; transitioning current facilities to new licensure procedures; creating penalties for noncompliance with article; amending Division of Natural Resources laws relating to captive cervids; and providing for certain criminal penalties and remedies.

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

            By Senators D. Hall, Nohe and Stollings:

            Senate Bill No. 238--A Bill to amend and reenact §18-5-19 and §18-5-19d of the Code of West Virginia, 1931, as amended, all relating to providing that county boards of education are not liable for loss or injury from the use of school property made available for unorganized recreation.

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

            By Senators Kirkendoll, Blair, Snyder, Williams and Beach:

            Senate Bill No. 239--A Bill to repeal §15-8-1, §15-8-2, §15-8-3, §15-8-4, §15-8-5, §15-8-6, §15-8-7, §15-8-8, §15-8-9, §15-8-10, §15-8-11 and §15-8-12 of the Code of West Virginia, 1931, as amended; to repeal §16-5J-5 of said code; to repeal §16-5P-7 of said code; to repeal §16-42-1, §16-42-2, §16-42-3, §16-42-4, §16-42-5 and §16-42-6 of said code; to repeal §18-2J-1, §18-2J-2, §18-2J-3, §18-2J-4, §18-2J-5, §18-2J-6 and §18-2J-7 of said code; to repeal §18B-1C-3 of said code; to repeal §18B-14-11 of said code; to repeal §18B-16-6 of said code; to repeal §20-2B-2a of said code; to repeal §21-3A-10 of said code; to repeal §23-1-1a of said code; to repeal §29-12B-4 and §29-12B-5 of said code; to repeal §29-12C-1 and §29-12C-2 of said code; to repeal §31-16-1, §31-16-2, §31-16-3 and §31-16-4 of said code; to repeal §55-15-1, §55-15-2, §55-15-3, §55-15-4, §55-15-5 and §55-15-6 of said code; and to repeal §62-11E-1, §62-11E-2 and §62-11E-3 of said code, all relating to eliminating obsolete government entities; repealing article relating to the Sheriffs’ Bureau; repealing section relating to the Clinical Laboratories Quality Assurance Advisory Board; repealing section relating to the West Virginia Council on Aging; repealing article relating to the Comprehensive Behavioral Health Commission; repealing article relating to the Governor’s Advisory Council for Educational Technology; repealing section relating to the West Virginia Consortium for Undergraduate Research and Engineering; repealing section relating to the Governor’s Commission on Graduate Study in Science, Technology, Engineering and Mathematics; repealing section relating to the West Virginia Rural Health Advisory Panel; repealing section relating to the Ohio River Management Fund Advisory Board; repealing section relating to the Occupational Safety and Health Review Commission; repealing section relating to the Workers’ Compensation Board of Managers; repealing sections relating to the Medical Malpractice Advisory Panel; repealing article relating to the Patient Injury Compensation Plan Study Board; repealing article relating to the Steel Advisory Commission; repealing article relating to the West Virginia Alternative Dispute Resolution Commission; and repealing article relating to the Sexually Violent Predator Management Task Force.

            Referred to the Committee on Government Organization.

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

            Senate Bill No. 240--A Bill to amend and reenact §11-21-9 of the Code of West Virginia, 1931, as amended, relating to updating the meaning of federal adjusted gross income and certain terms used in the West Virginia Personal Income Tax Act; and specifying effective dates.

            Referred to the Committee on Finance.

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

            Senate Bill No. 241--A Bill to amend and reenact §11-24-3 of the Code of West Virginia, 1931, as amended, relating to updating the meaning of federal taxable income and certain terms used in the West Virginia Corporation Net Income Tax Act; and specifying effective dates.

            Referred to the Committee on Finance.

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

            Senate Bill No. 242--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-5-19b, relating to providing criminal penalties for using automated telephone calls to disseminate false, misleading or deceptive information with the intent to create panic, incite violence or cause harm during a proclaimed state of emergency or state of preparedness.

            Referred to the Committee on the Judiciary.

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

            Senate Bill No. 243--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-5-6a, relating to school nutrition standards during a state of emergency or state of preparedness; authorizing Governor or Legislature to temporarily suspend legislative rules establishing nutrition standards for foods and beverages served to students in public schools during a state of emergency or state of preparedness; and providing limitations.

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

            By Senators Carmichael, Miller, Nohe and Plymale:

            Senate Bill No. 244--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-5X-1, §16-5X-2, §16-5X-3, §16-5X-4, §16-5X-5 and §16-5X-6, all relating to permitting hospital patients to designate a lay caregiver; providing definitions; requiring patient consent; requiring certain notation in medical records; permitting modifications to lay caregiver designations; prohibiting certain construction; requiring certain notices to lay caregiver; requiring hospital to consult with lay caregiver to prepare for aftercare and to issue discharge plan; providing for circumstances in which hospital is unable to contact lay caregiver; prohibiting certain construction; prohibiting use of state or federal funds for payment of lay caregiver; and prohibiting impact on state or federal funds.

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

            By Senators Trump, Blair and Walters:

            Senate Bill No. 245--A Bill to repeal §21-5A-1, §21-5A-2, §21-5A-3, §21-5A-4, §21-5A-5, §21-5A-6, §21-5A-7, §21-5A-8, §21-5A-9, §21-5A-10 and §21-5A-11 of the Code of West Virginia, 1931, as amended; to amend and reenact §5D-1-5 of said code; to amend and reenact §7-11B-14 of said code; to amend and reenact §7-20-22 of said code; to amend and reenact §11-13Q-9 of said code; to amend and reenact §18-5-9a of said code; to amend and reenact §25-7-4 of said code; and to amend and reenact §31-15A-15 of said code, all relating to repealing the requirement of paying prevailing hourly rate of wages for construction of public improvements.

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

            By Senators Trump, Blair, Leonhardt and Williams:

            Senate Bill No. 246--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-17-10, relating to exempting each current child care worker employed on or before June 1, 2015, at the West Virginia School for the Deaf and Blind in Romney, West Virginia, from requirement to have an associate's degree.

            Referred to the Committee on Education.

            By Senators Trump, Blair, Walters and Nohe:

            Senate Bill No. 247--A Bill to repeal §19-34-1, §19-34-2, §19-34-3, §19-34-4, §19-34-5, §19-34-6, §19-34-7, §19-34-8 and §19-34-9 of the Code of West Virginia, 1931, as amended, relating to the Dangerous Wild Animals Act.

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

            By Senator Williams:

            Senate Bill No. 248--A Bill to amend and reenact §17C-4-3 of the Code of West Virginia, 1931, as amended, relating to the duty to give information after a car crash; requiring person involved in a car crash to provide certain insurance and car owner information; and requiring law-enforcement officers at the scene of the crash who obtain certain information to distribute certain information to all persons involved in the crash.

            Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.

            By Senators Trump, Blair, Ferns, M. Hall and Walters:

            Senate Bill No. 249--A Bill to amend and reenact §3-4A-9, §3-4A-11a and §3-4A-27 of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-6-2, §3-6-3, §3-6-5 and §3-6-6 of said code, all relating to disallowing voting by straight party ticket.

            Referred to the Committee on the Judiciary.

            By Senators Trump, Blair, Carmichael, M. Hall, Leonhardt, Miller, Snyder, Unger, Williams and Plymale:

            Senate Bill No. 250--A Bill to amend and reenact §19-21A-4a of the Code of West Virginia, 1931, as amended, relating to the administration of the West Virginia Conservation Agency programs; providing that conservation district supervisors have their applications to participate in West Virginia Conservation Agency financial assistance programs evaluated and approved or rejected by the West Virginia Conservation Agency; prohibiting conservation district supervisor from voting for authorization, approval or ratification of a contract in which he or she or an immediate family member is beneficially interested; and requiring the State Conservation Committee to propose rules for legislative approval.

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

            By Senators Mullins, Karnes, Leonhardt and Gaunch:

            Senate Bill No. 251--A Bill to amend and reenact §23-4-2 of the Code of West Virginia, 1931, as amended, relating to modifying the private cause of action for deliberate intention claims under workers' compensation claims; providing for enhanced benefits for certain deliberate intention claims; and requiring specific findings by the Office of Judges for an award of enhanced benefits.

            Referred to the Committee on the Judiciary.

            Senators D. Hall and Stollings offered the following resolution:

            Senate Concurrent Resolution No. 6--Requesting that the Division of Highways to name bridge number 41-3-35.96 (41A027), carrying W. Va. Route 3 over I-77/64 in Raleigh County, West Virginia, and locally known as the Harper Road Bridge, the “John Thomas Scott II Memorial Bridge”.

            Whereas, John Thomas Scott II was the son of J. T. and Lynn Scott of Beckley, attended Central Elementary, Crescent Elementary and Park Junior High School and graduated from Independence High School in June, 2006; and

            Whereas, John Thomas Scott II played Beckley Little League baseball for six years and was on the wrestling teams at Park Junior High School and Independence High School; and

            Whereas, John Thomas Scott II was a member of the First Baptist Church in Beckley; and

            Whereas, John Thomas Scott II, age eighteen, died September 9, 2006, as a result of a motorcycle accident; and

            Whereas, Throughout his lifetime, John Thomas Scott II showed great kindness and compassion toward others; and

            Whereas, John Thomas Scott II, from an early age, expressed a desire to become a State Police trooper. He focused his senior project around this interest and, at the time of his death, was preparing to take the civil service police test for the City of Beckley; and

            Whereas, John Thomas Scott II enjoyed outdoor activities, including snowboarding and fishing; and

            Whereas, Members of the Exile Car Club have organized an annual car show to raise money for scholarships to assist recipients with expenses of college or technical school. The John Thomas Scott II scholarship is to be awarded annually to an “average student with a C or B grade point” who demonstrates both merit and financial need and who is a senior graduating from Independence, Shady Spring or Woodrow Wilson High schools; and

            Whereas, It is fitting to establish a lasting memorial to this young man who exemplified true friendship to those who knew him; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 41-3-35.96 (41A027), carrying W. Va. Route 3 over I-77/64 in Raleigh County, West Virginia, and locally known as the Harper Road Bridge, the “John Thomas Scott II Memorial Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “John Thomas Scott II 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.

            Which, under the rules, lies over one day.

            Senators Sypolt, Williams and Beach offered the following resolution:

            Senate Concurrent Resolution No. 7--Requesting the Division of Highways to name bridge number 39-7-26.83 (39A194), locally known as Corinth Railroad Overpass, carrying W. Va. 7 over CSX RAILROAD in Preston County, the “Army Air Force SGT Everett Wayne ‘Bud’ Sell Memorial Bridge”.

            Whereas, Everett Wayne “Bud” Sell, a native of Preston County, graduated from Terra Alta High School in 1943 and enlisted in the U. S. Army Air Force; and

            Whereas, Sergeant Everett Wayne “Bud” Sell, in July of 1944, left for Europe and was stationed in Italy as a member of the 773rd Bombardment Squadron; and

            Whereas, Sergeant Sell participated in his first combat mission on August 17, 1944, as left waist gunner aboard the “Holey Joe”; and

            Whereas, Sergeant Sell completed two more successful missions with his crewmates on two different planes; and

            Whereas, On Sergeant Sell's fourth mission, the crew was ordered to jettison as much equipment as possible from the plane; and

            Whereas, According to reports of his surviving crew members, Sergeant Sell attempted to dislodge the turret so as to eliminate any further damage to the plane; and

            Whereas, In his attempts to force the turret out, Sergeant Sell became entangled and was lost when it finally came free; and

            Whereas, The remains of Sergeant Everett Wayne “Bud” Sell have never been found, although attempts to do so continue to this day; and

            Whereas, The name of Sergeant Everett Wayne “Bud” Sell is listed on the America Memorial located just outside Rome, Italy; and

            Whereas, It is fitting and proper that Sergeant Everett Wayne “Bud” Sell be remembered and acknowledged for his courageous action and dedicated service to his country; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 39-7-26.83 (39A194), locally known as Corinth Railroad Overpass, carrying W. Va. 7 over CSX RAILROAD in Preston County, the “Army Air Force SGT Everett Wayne ‘Bud’ Sell Memorial Bridge”; and, be it

            Further Resolved, That the Commissioner of the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “Army Air Force SGT Everett Wayne ‘Bud’ Sell 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.

            Which, under the rules, lies over one day.

            Senators Trump, Blair, M. Hall, Leonhardt, Mullins, Unger, Williams, Kirkendoll, Romano, Snyder, Facemire, Stollings and D. Hall offered the following resolution:

            Senate Concurrent Resolution No. 8--Urging the United States Environmental Protection Agency to immediately withdraw and/or rescind its proposed definition of “waters of the United States” under the Clean Water Act (40 CFR 230.3).

            Whereas, Agriculture is critically important to West Virginia and the United States of America, to the economy of West Virginia and of the nation, to the way of life of the citizens of West Virginia and to the survival of the inhabitants of West Virginia, of the United States of America and of the world; and

            Whereas, West Virginia's farms are small, family-owned and -operated enterprises, providing good and wholesome food to the citizens of West Virginia and citizens of the United States of America beyond the borders of West Virginia; and

            Whereas, The farmers of West Virginia have demonstrated a long history and tradition of being good stewards of the land, employing sound conservation practices to make their farms and West Virginia's agricultural production sustainable and to produce agricultural products in a way that protects the environment and our water supply; and

            Whereas, Notwithstanding this long tradition of farming in harmony with protection of the environment, the United States Environmental Protection Agency (EPA) has proposed a new definition of “waters of the United States” under the Clean Water Act (40 CFR 230.3), by which new definition the EPA will expand dramatically its jurisdiction and authority, expanding it in ways that are neither necessary or advisable and in ways that were never contemplated by the Congress of the United States when it enacted the Clean Water Act; and

            Whereas, Under the new definition of the “waters of the United States” proposed by the EPA, Section 402 permits under the Clean Water Act will become necessary for common farming activities such as applying fertilizer or pesticide, or moving cattle, if materials (fertilizer, pesticide or manure) would fall into jurisdictional low spots or ditches; and

            Whereas, Under the new definition of the “waters of the United States” proposed by the EPA, Section 404 permits under the Clean Water Act will become necessary for earth-moving activity, such as plowing, planting or fencing, except as part of “established” farming ongoing at the same site since 1977; and

            Whereas, Under the new definition of the “waters of the United States” proposed by the EPA, even the smallest low spots that puddle often enough to meet the broad definition of “wetlands” (79 Fed. Reg. 22218) would be regulated if they are in a “floodplain” or a “riparian area”, or if EPA staff find that they, in combination with similar low spots in the region, have a “significant nexus” to any other “waters of the United States”; and

            Whereas, This unwarranted expansion of federal jurisdiction and authority that would be the consequence of the adoption of the new definition of the “waters of the United States” proposed by the EPA will be detrimental to the continuation of normal farming activities and, ultimately, to the food supply; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby urges the United States Environmental Protection Agency to immediately withdraw and/or rescind its proposed definition of “waters of the United States” under the Clean Water Act (40 CFR 230.3); and, be it

            Further Resolved, That if the United States Environmental Protection Agency does not immediately withdraw and/or rescind its proposed new definition of “waters of the United States” under the Clean Water Act (40 CFR 230.3), then the Congress of the United States, as the elected representatives of the people of the United States of America, is urged to enact such statutes as are necessary to abrogate this gross and unwarranted expansion of federal jurisdiction and authority by the EPA upon the land of the inhabitants of West Virginia and the other states that form the United States of America; and, be it

            Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the President of the United States, to the Administrator of the United States Environmental Protection Agency and to the representatives and senators elected by the citizens of West Virginia serving the citizens of West Virginia in the Congress of the United States in Washington, D. C.

            Which, under the rules, lies over one day.

            Senators Palumbo, Beach, Stollings and Williams offered the following resolution:

            Senate Resolution No. 8--Recognizing and honoring Butch Miles, a native of Charleston and proud West Virginian, as one of the greatest jazz drummers of all time and for his remarkable professional accomplishments.

            Whereas, Butch Miles grew up on McClung Street in Charleston’s East End just blocks from the West Virginia State Capitol; and

            Whereas, Butch Miles received his Bachelor of Arts Degree from West Virginia State College; and

            Whereas, For more than ten years Butch Miles performed as the drummer for the world-famous Count Basie Orchestra and has become renowned for his swinging big band style and techniques; and

            Whereas, Butch Miles has performed at every major jazz festival in the world and played with musicians from Frank Sinatra and Tony Bennett to Ella Fitzgerald and Sammy Davis, Jr., and so many more in between; and

            Whereas, Butch Miles has recorded over one hundred albums and has performed on four Grammy-winning albums; and

            Whereas, Butch Miles is a faculty member of Texas State University’s School of Music, conducts jazz clinics, continues to record albums and often plays live at jazz parties and festivals; therefore, be it

            Resolved by the Senate:

            That the Senate hereby recognizes and honors Butch Miles, a native of Charleston and proud West Virginian, as one of the greatest jazz drummers of all time and for his remarkable professional accomplishments; and, be it

            Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Butch Miles.

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

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

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

            The Senate proceeded to the seventh order of business.

            Senate Concurrent Resolution No. 4, Requesting Joint Committee on Government and Finance study issues facing military veterans and active duty service personnel.

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

            Senate Concurrent Resolution No. 5, Urging Governor fill Board of Education vacancies.

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

            Senate Resolution No. 7, Authorizing appointment of employees.

            On unfinished business, coming up in regular order, was reported by the Clerk.

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

            The Senate proceeded to the twelfth order of business.

            Remarks were made by Senator Carmichael.

            Pending announcement of meetings of standing committees of the Senate,

            On motion of Senator Carmichael, the Senate adjourned until Monday, January 19, 2015, at 11 a.m.

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