Senate Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-SECOND LEGISLATURE

REGULAR SESSION, 2015

THIRTY-FOURTH DAY

____________

Charleston, W. Va., Monday, February 16, 2015

            The Senate met at 11 a.m.

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

            Prayer was offered by the Honorable Ronald F. Miller, a senator from the tenth district.

            The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Art Kirkendoll, a senator from the seventh district.

            Pending the reading of the Journal of Friday, February 13, 2015,

            On motion of Senator Takubo, 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 Office of Tax Appeals, submitting its annual report as required by chapter eleven, article ten-a, section seven of the Code of West Virginia.

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

            The Senate then proceeded to the third order of business.

            A message from The Clerk of the House of Delegates announced that that body had agreed to the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses, as to

            Eng. Com. Sub. for House Bill No. 2025, Prohibiting certain sex offenders from loitering within one thousand feet of a school or child care facility.

            The message further announced the appointment of the following conferees on the part of the House of Delegates:

            Delegates Weld, Lane and Lynch.

            The Senate proceeded to the fourth order of business.

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

            Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 13th day of February, 2015, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:

            (Com. Sub. for H. B. No. 2217), Relating to qualifications of the Commissioner of Labor.

                                                                        Respectfully submitted,

                                                                          Mark R. Maynard,

                                                                            Chair, Senate Committee.

                                                                          John B. McCuskey,

                                                                            Chair, House Committee.

            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. 42, Permitting sale of alcoholic beverages on Sundays prior to 1 p.m.

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

            Com. Sub. for Senate Bill No. 42 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §11-16-18 of the Code of West Virginia, 1931, as amended; to amend and reenact §60-4-3a and §60-4-3b; to amend and reenact §60-7-11 and §60-7-12 of said code; and to amend and reenact §60-8-34 of said code, all relating to allowing restaurants, private clubs and wineries to sell alcohol at 10:00 a.m. on Sundays; sale of alcohol by licensed manufacturers; authorizing licensed wineries, farm wineries, distilleries and mini-distilleries to make retail sales of wine and alcoholic liquors manufactured by the winery, farm-winery, distillery or mini-distillery for consumption off the premises on Sundays beginning at 10:00 a.m.; authorizing licensed wineries, farm wineries, distilleries and mini-distilleries to offer complimentary samples for consumption on the premises on Sundays beginning at 10:00 a.m.; and authorizing distilleries and mini-distilleries which manufacture less than fifty thousand gallons of alcoholic liquor per year to seek and hold a separate license to operate a private club on the premises of the distillery or mini-distillery; and allowing for the sale of products manufactured on the premises of the distillery or mini-distillery, other than in sealed packages, for consumption on the premises of any such private club.

            With the recommendation that the committee substitute do pass.

                                                                        Respectfully submitted,

                                                                          Charles S. Trump IV,

                                                                            Chair.

            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. 294, Eliminating certain unnecessary, inactive or redundant councils, committees and boards.

            And,

            Senate Bill No. 412, Relating to Real Estate Commission complaint filings.

            And reports the same back with the recommendation that they each do pass.

                                                                        Respectfully submitted,

                                                                          Charles S. Trump IV,

                                                                            Chair.

            The Senate proceeded to the fifth order of business.

Filed Conference Committee Reports

            The Clerk announced the following conference committee report had been filed at 11:15 a.m. today:

            Eng. Com. Sub. for Senate Bill No. 13, Reinstating open and obvious doctrine for premises liability.

            The Senate proceeded to the sixth order of business.

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

            By Senators Kessler, Ferns, D. Hall, Kirkendoll, Leonhardt, Mullins and Prezioso:

            Senate Bill No. 491--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-22B-1108a, relating to creating a preference for certain limited video lottery current permit holders in bid process.

            Referred to the Committee on Finance.

            By Senators Beach, Williams, D. Hall, Miller, Stollings and Walters:

            Senate Bill No. 492--A Bill to amend and reenact §11-16-18 of the Code of West Virginia, 1931, as amended; to amend and reenact §60-3A-18 of said code; to amend and reenact §60-7-12 of said code; and to amend and reenact §60-8-34 of said code, all relating to allowing restaurants, private clubs, mini-distilleries and wineries to sell alcohol at 10:00 a.m. on Sundays.

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

            By Senators Carmichael, Ferns, Stollings, Takubo and Trump:

            Senate Bill No. 493--A Bill to amend and reenact §16-30-6 of the Code of West Virginia, 1931, as amended, relating to allowing a medical power of attorney representative or surrogate to waive incapacitated person's right to a trial by jury and bind them to arbitration.

            Referred to the Committee on the Judiciary.

            By Senators Takubo, Carmichael, Ferns, M. Hall, Maynard, Mullins, Nohe, Plymale, Prezioso, Stollings, Trump, Williams and Gaunch:

            Senate Bill No. 494--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-1-20, relating to allowing a health care practitioner to prescribe epinephrine auto-injectors in the name of an entity authorized by the Department of Health and Human Resources; requiring training; and limiting liability.

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

            By Senators Leonhardt and Kessler:

            Senate Bill No. 495--A Bill to amend and reenact §7-20-1, §7-20-2, §7-20-3, §7-20-6, §7-20-7, §7-20-7a, §7-20-14, §7-20-15, §7-20-16, §7-20-23 and §7-20-24 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto twenty-eight new sections, designated §7-20-25, §7-20-26, §7-20-27, §7-20-28, §7-20-29, §7-20-30, §7-20-31, §7-20-32, §7-20-33, §7-20-34, §7-20-35, §7-20-36, §7-20-37, §7-20-38, §7-20-39, §7-20-40, §7-20-41, §7-20-42, §7-20-43, §7-20-44, §7-20-45, §7-20-46, §7-20-47, §7-20-48, §7-20-49, §7-20-50, §7-20-51 and §7-20-52, all relating generally to County Local Powers Act fees; taxes and expenditures for county development; restating short title; amending its purpose and legislative findings; amending certain definitions and adding definitions; amending criteria and requirements to implement and collect certain fees; amending authorization for county commissions to impose impact fees, services fees and other taxes; providing that certain fees and taxes collected may be deposited in special fund and used to pay debt service on revenue bonds issued to finance capital improvements or to finance them on a pay-as-you-go basis; making technical corrections; allowing county commissions and Commissioner of Highways to enter into intergovernmental agreements for construction and modernization of state roads, bridges and related infrastructure and financing in their respective counties; providing procedures for creation and finalization or project plans and amendments of plans; requiring notice to certain locally elected public officials and general public on proposed road, bridge and related infrastructure construction projects and project amendments with opportunity for public comment; providing means to finance cost of proposed road, bridge and related infrastructure construction projects and project amendments; allowing reallocation of ad valorem property taxes after ratification of constitutional amendment of certain property tax collections to finance, in whole or in part, capital improvements to infrastructure; providing for applications for a construction project and the contents of applications; creating special fund; requiring approval of boards of education for reallocation of regular property tax levies; providing for termination of reallocation of levies; authorizing Commissioner of Highways to issue revenue bonds and refunding bonds to finance road, bridge and related infrastructure projects financed, in whole or in part, by county commissions; providing that all bonds are exempt from tax, are negotiable and are lawful investments; providing procedures for issuance of bonds; allowing projects to also be constructed on pay-as-you-go basis; providing that these powers are supplemental powers of county commissions and Commissioner of Highways; requiring reports; exempting public officials from personal liability; providing a severability clause; and effective dates.

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

            By Senators D. Hall, Boso, Ferns, Gaunch, Karnes, Leonhardt, Maynard, Mullins, Nohe, Takubo, Walters, Williams and Stollings:

            Senate Bill No. 496--A Bill to amend and reenact §5A-3-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §5A-6-8 of said code; and to amend said code by adding thereto a new article, designed §15-14-1, §15-14-2, §15-14-3, §15-14-4, §15-14-5, §15-14-6, §15-14-7, §15-14-8, §15-14-9 and §15-14-10, all relating to creating statewide Interoperable Radio Network; establishing short title; defining terms; establishing objectives and purpose; creating position of statewide Interoperable Coordinator; prescribing duties for statewide Interoperability Coordinator; creating statewide Interoperability Executive Committee; prescribing duties for statewide Interoperability Executive committee; creating the Regional Interoperability Committee; providing for disposition of assets and staffing of statewide Interoperable Radio Network; establishing special revenue account for statewide Interoperable Radio Network; exempting statewide Interoperable Radio Network from certain Purchasing Division requirements; and authorizing emergency and legislative rulemaking.

            Referred to the Committee on Finance.

            By Senators Stollings, Prezioso, Williams, Facemire, Gaunch, D. Hall, Laird and Snyder:

            Senate Bill No. 497--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-46-7, relating to permitting school nurses to possess and administer opioid antagonists on or near school premises.

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

            By Senators Sypolt, Boso, Carmichael, Kessler, Snyder, Prezioso and Facemire:

            Senate Bill No. 498--A Bill to amend and reenact §11-1C-2, §11-1C-4 and §11-1C-7 of the Code of West Virginia, 1931, as amended, all relating to reproduction, distribution and sale of tax maps; defining terms; specifying powers of the Property Valuation Training and Procedures Commission to promulgate rules; specifying duties of county assessors; requiring that sale, reproduction and distribution of certain records be in accordance with specified legislative rules; and specifying certain fees.

            Referred to the Committee on Government Organization.

            By Senators Williams, Beach, Facemire, Kessler, Kirkendoll, Laird, Miller, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings and D. Hall:

            Senate Bill No. 499--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-29-1, §17-29-2, §17-29-3, §17-29-4, §17-29-5, §17-29-6, §17-29-7, §17-29-8, §17-29-9, §17-29-10, §17-29-11, §17-29-12, §17-29-13 and §17-29-14, all relating to creating Tourist-Oriented Directional Signs Program; stating legislative purpose; setting forth application and eligibility requirements; establishing design and content guidelines; establishing sign location and placement criteria; establishing fee schedule; setting forth maintenance responsibility; permitting revocation of participation in program; exempting rulemaking from State Administrative Procedures Act; requiring rules be filed with Secretary of State; and defining terms.

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

            By Senators Leonhardt, Kessler and Stollings:

            Senate Joint Resolution No. 6--Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof, by adding thereto a new section, designated section one-d, relating to authorizing the Legislature to, by general law, allocate a portion of ad valorem property taxes paid by owners of certain new manufacturing facilities and large capital additions to existing manufacturing facilities located in counties in which county commissions elect to fund infrastructure capital improvements, in whole or in part, using property taxes; 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.

            Senators Palumbo, Boley, Gaunch, Takubo, Walters, Stollings, Prezioso and D. Hall offered the following resolution:

            Senate Concurrent Resolution No. 29--Requesting the Division of Highways name bridge number 20-77-99.01 (20A418), locally known as I-77 Greenbrier Street Overpass, with latitude of 38.34157 and longitude of -81.61183 in Kanawha County the “Rosie the Riveter Memorial Bridge”.

            Whereas, Women who worked on the home front during World War II were a significant force in shortening and winning that history-changing war. West Virginia women contributed significantly to the effort by working in factories, farms, government and as volunteers doing any and all that could be done on the home front; and

            Whereas, Rosie the Riveters as a group and with individual examples in West Virginia are noted for caring for their loved ones who were wounded in many ways by the war, who pioneered proof of what women do for society, and who showed what older Americans do when given the right guidance and opportunity. Most Rosies the Riveters have died without being recognized or learned from; and

            Whereas, The West Virginia Rosie the Riveter Program has proven from 2009 to the present that these women were critical to the well-being of America, allied nations and freedom and showing the value of the strengths of women; and

            Whereas, The Greater Kanawha Valley is the first model Rosie the Riveter Community in America, based on work done by the nonprofit called, Thanks! Plain and Simple, Inc. ("Thanks!") which has the mission of creating projects that need to be done in America and then guiding other Americans to join in the effort. "Thanks!" has been significantly helped by Rosie the Riveters, many of whom have died since "Thanks!" began work in 2009. Families and the overall communities of West Virginia have been supporting these and other efforts to honor Rosie the Riveters; and

            Whereas, The Charleston Gold Dome Lions Club has initiated naming a bridge the “Rosie the Riveter Memorial Bridge” as an example of what can be done by communities nationwide. Increasing numbers of entities across the United States and internationally are recognizing that the ways West Virginia has recognized Rosie the Riveters are significant and achievable. A small bridge in Wetzel County was named for a living Rosie, Freda Bell, which is a first in America and shows West Virginia's spirit and commitment to contributors to freedom; and

            Whereas, It is only fitting and proper that the class of Americans known as Rosie the Riveters and their good work for family, community, the nation and the world be recognized and remembered; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 20-77-99.01 (20A418), locally known as I-77 Greenbrier Street Overpass, with latitude of 38.34157 and longitude of -81.61183 in Kanawha County the “Rosie the Riveter Memorial Bridge”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs at both ends of the bridge identifying it as the “Rosie the Riveter 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, to "Thanks! Plain and Simple, Inc." and to the Charleston Gold Dome Lions Club.

            Which, under the rules, lies over one day.

            Senators Walters, Unger, Stollings, Gaunch, D. Hall, Boley, M. Hall, Leonhardt, Maynard, Nohe, Palumbo and Takubo offered the following resolution:

            Senate Resolution No. 30--Designating February 16, 2015, as West Virginia State University Day.

            Whereas, West Virginia State University was founded under the provisions of the Second Morrill Act of 1890 as the West Virginia Colored Institute, one of seventeen land-grant institutions authorized by Congress and designated by the states; and

            Whereas, In 1927, under the leadership of President John W. Davis, through the expansion of academic programs and the construction of new buildings, the institution was accredited by the North Central Association and holds the longest continuous accreditation of any college or university in West Virginia; and

            Whereas, In 1929, the institution became known as West Virginia State College and over the next decades West Virginia State College was recognized as one of the leading public institutions of higher education for African-Americans; and

            Whereas, In 1954, the United States Supreme Court made its historic decision outlawing school segregation and West Virginia State College rapidly transitioned to an integrated institution. The university’s student population is one of the most diverse in the state and an accurate reflection of America today; and

            Whereas, In 2004, the West Virginia Legislature approved the transition to university status; and

            Whereas, West Virginia State University now offers seventy-two academic program options, leading to twenty-two baccalaureate and four master’s degrees; and

            Whereas, West Virginia State University is actively working with other state institutions of higher education to create additional pathways for degree-seeking students; and

            Whereas, As one of only two land-grant institutions in the state, West Virginia State University’s Extension Service serves thirty-eight counties daily. These services aid approximately fifteen thousand people throughout the year, including ten thousand children through summer food programs; and

            Whereas, As a regional research institution, West Virginia State University contributes significantly to state economic development efforts in the areas of biotechnology, plant, microbial and animal research; and

            Whereas, With every dollar the state invests in West Virginia State University, the university generates nearly $16 spent in the West Virginia economy, resulting in an estimated economic output of $254 million per year; therefore, be it

            Resolved by the Senate:

            That the Senate hereby designates February 16, 2015, as West Virginia State University Day; and, be it

            Further Resolved, That the Senate hereby recognizes West Virginia State University for its tremendous contributions to the State of West Virginia; and, be it

            Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Dr. Brian O. Hemphill, President of West Virginia State University.

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

            Thereafter, at the request of Senator Walters, and by unanimous consent, the remarks by Senator Gaunch regarding the adoption of Senate Resolution No. 30 were ordered printed in the Appendix to the Journal.

            Senators Leonhardt, D. Hall, Snyder, Unger, Laird, Prezioso, Stollings and Williams offered the following resolution:

            Senate Resolution No. 31--Designating February 16, 2015, 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 16, 2015, 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 Leonhardt, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.

            Thereafter, at the request of Senator Carmichael, and by unanimous consent, the remarks by Senators Leonhardt and Kessler regarding the adoption of Senate Resolution No. 31 were ordered printed in the Appendix to the Journal.

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

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

            Senators Nohe, Stollings, Unger, and D. Hall offered the following resolution:

            Senate Resolution No. 32--Recognizing Wood County Detachment 1087 of the Marine Corps League for the many hours of volunteer service to its community.

            Whereas, The Wood County Detachment 1087 is a relatively small Marine Corps League Detachment with a total current membership of one hundred twenty-two members; and

            Whereas, Although small in number, the members of the Wood County Detachment work hard to serve their community through volunteer activities; and

            Whereas, Several of the one hundred twenty-two members of the Wood County Detachment reside in the counties surrounding Parkersburg, some traveling more than one hour or more to take part in fund raising and other volunteer activities throughout the year; and

            Whereas, Over the past two years, members of the Wood County Detachment volunteered nine hundred thirteen hours in fifteen area nursing homes to visit resident disabled veterans; and

            Whereas, They assisted a family in need who lost their home due to fire on Christmas Eve by donating money toward the purchase of clothing and Christmas gifts; and

            Whereas, Members of the Wood County Detachment held numerous events over the past two years to raise funds and collect toys as Christmas gifts for over four hundred underprivileged children, food baskets and holiday meals for needy families, and gas for veterans struggling with transportation costs to get to and from work; and

            Whereas, Members of the Wood County Detachment provide color details for area ceremonies and veterans events year-round; and

            Whereas, The Marine Corps League continues to represent the best attributes of the United States Military and the United States Marine Corps; and

            Whereas, The members of the Wood County Detachment 1087 continue to honorably serve their county; therefore, be it

            Resolved by the Senate:

            That the Senate hereby recognizes Wood County Detachment 1087 of the Marine Corps League for the many hours of volunteer service to its community; and, be it

            Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Wood County Detachment 1087 of the Marine Corps League.

            At the request of Senator Nohe, 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 seventh order of business.

            Senate Concurrent Resolution No. 28, Requesting Joint Committee on Government and Finance study magistrate court cost collection process.

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

            The Senate proceeded to the eighth order of business.

            Eng. Com. Sub. for Senate Bill No. 142, Authorizing Department of Administration promulgate legislative rules.

            On third reading, coming up in regular order, was read a third time and put upon its passage.

            On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Woelfel and Cole (Mr. President)--32.

            The nays were: None.

            Absent: Unger and Yost--2.

            So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 142) passed with its title.

            Senator Carmichael moved that the bill take effect from passage.

            On this question, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Woelfel and Cole (Mr. President)--32.

            The nays were: None.

            Absent: Unger and Yost--2.

            So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 142) takes effect from passage.

            Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

            Eng. Com. Sub. for Senate Bill No. 378, Relicensing electricians without retesting under certain circumstances.

            On third reading, coming up in regular order, was read a third time and put upon its passage.

            On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Woelfel and Cole (Mr. President)--32.

            The nays were: None.

            Absent: Unger and Yost--2.

            So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 378) passed with its title.

            Senator Carmichael moved that the bill take effect from passage.

            On this question, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Walters, Williams, Woelfel and Cole (Mr. President)--32.

            The nays were: None.

            Absent: Unger and Yost--2.

            So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 378) takes effect from passage.

            Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

            The Senate proceeded to the ninth order of business.

            Com. Sub. for Senate Bill No. 274, Relating to TANF program sanctions.

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

            Senate Bill No. 382, Declaring claims against state.

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

            Senate Bill No. 429, Relating to one-day special charitable event license to sell nonintoxicating beer.

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

            Eng. House Bill No. 2114, Updating the meaning of federal adjusted gross income and certain other terms used in the West Virginia Personal Income Tax Act.

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

            Eng. House Bill No. 2115, Updating the meaning of the term "federal taxable income" and certain other terms used in the West Virginia Corporation Net Income Tax Act.

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

            The Senate proceeded to the tenth order of business.

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

            Senate Bill No. 266, Eliminating sales tax exemption on certain highway construction and maintenance materials.

            Com. Sub. for Com. Sub. for Senate Bill No. 277, Requiring issuance of certificate of birth resulting in stillbirth.

            Com. Sub. for Senate Bill No. 286, Relating to compulsory immunizations of students; exemptions.

            Com. Sub. for Senate Bill No. 421, Relating to punitive damages in civil actions.

            And,

            Eng. Com. Sub. for House Bill No. 2004, Providing a procedure for the development of a state plan under section 111 of the Clean Air Act.

            The Senate proceeded to the twelfth order of business.

            Remarks were made by Senator Trump.

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

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

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

            On motion of Senator Carmichael, the Senate adjourned until tomorrow, Tuesday, February 17, 2015, at 11 a.m.

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