Senate Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2012

SIXTEENTH DAY

____________

Charleston, W. Va., Thursday, January 26, 2012

    The Senate met at 11 a.m.

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

    Prayer was offered by the Reverend Kevan Bartlett, Maranatha Baptist Church, Charleston, West Virginia.

    Pending the reading of the Journal of Wednesday, January 25, 2012,

    On motion of Senator D. Facemire, 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 Volunteer West Virginia, the state's Commission for National and Community Service, submitting its annual report as required by chapter five, article twenty-six-a, section four 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 passage by that body and requested the concurrence of the Senate in the passage of

    Eng. Com. Sub. for House Bill No. 4001--A Bill to amend and reenact §30-1-6 of the Code of West Virginia, 1931, as amended, relating to professional licensing boards; authorizing boards to establish fees by legislative rule notwithstanding specific fees established in code; providing for methods to notify licensees of proposal of fees in legislative rules; and clarifying the requirement to redact social security numbers from records released to the public.

    Referred to the Committee on Government Organization.

    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. House Bill No. 4002--A Bill to amend and reenact §30-1-2a of the Code of West Virginia, 1931, as amended, relating to annual seminar requirements for professional licensing boards.

    Referred to the Committee on Government Organization.

    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 §30-1-5 of the Code of West Virginia, 1931, as amended, relating to professional licensing boards; modifying who has the authority to call meetings and administer oaths; clarifying the establishment of quorums; providing that persons who report violations in good faith are not subject to civil damages; requiring boards to maintain a business office open to the public; requiring board offices to be identified with a sign or directory on the building or in the entranceway or lobby of the building; requiring board members to adhere to ethical standards for appointed officials; and clarifying that boards may issue notices to cease and desist unlawful or unlicensed practice.

    Referred to the Committee on Government Organization.

    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. House Bill No. 4097--A Bill to amend and reenact §30-27-3 and §30-27-8 of the Code of West Virginia, 1931 as amended, all relating to professions and occupations; Board of Barbers and Cosmetologists; and creating a license to practice hair styling.

    Referred to the Committee on Government Organization.

    The Senate proceeded to the fourth order of business.

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

    Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 25th day of January, 2012, 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. 4086), Designating certain property as a qualified capital addition to a manufacturing facility.

                             Respectfully submitted,

                               Gregory A. Tucker,

                                 Chair, Senate Committee.

                               Meshea L. Poore,

                                 Chair, House Committee.

    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. 108, Relating to requirements to serve as magistrate.

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

    Com. Sub. for Senate Bill No. 108 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §50-1-4 of the Code of West Virginia, 1931, as amended, relating to requirements to serve as a magistrate; requiring an associate’s degree or greater to serve; providing exceptions to education requirements; providing internal operative date; clarifying training requirements; and deleting antiquated provisions.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 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. 202, Permitting Division of Forestry to enter into stewardship contracts with U. S. Forest Service.

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

                             Respectfully submitted,

                               William R. Laird IV,

                                 Chair.

    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. 234, Authorizing State Auditor promulgate legislative rule relating to transaction fee and rate structure.

    And,

    Senate Bill No. 318, Authorizing Secretary of State promulgate legislative rule relating to general management and preservation of state records.

    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,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    The bills, under the original double 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. 239, Authorizing CPRB promulgate legislative rule relating to PERS.

    With an amendment from the Committee on Pensions pending;

    And has also amended same.

    And,

    Senate Bill No. 241, Authorizing CPRB promulgate legislative rule relating to State Police.

    With an amendment from the Committee on Pensions pending;

    And has also amended same.

    And reports the same back with the recommendation that they each do pass as last amended by the Committee on Finance; 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, with amendments 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. 246, Authorizing Board of Dental Examiners promulgate legislative rule relating to board fees.

    And,

    Senate Bill No. 296, Authorizing Massage Therapy Licensure Board promulgate legislative rule relating to fees schedule.

    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 D. Facemire, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:

    Your Committee on Energy, Industry and Mining has had under consideration

    Senate Bill No. 257, 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,

                               Douglas E. Facemire,

                                 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. 261, Authorizing Development Office promulgate legislative rule relating to use of coalbed methane severance tax proceeds.

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

    Senator Yost, from the Committee on Labor, submitted the following report, which was received:

    Your Committee on Labor has had under consideration

    Senate Bill No. 292, Authorizing Division of Labor promulgate legislative rule relating to Zipline and Canopy Tour Responsibility Act.

    And,

    Senate Bill No. 294, Authorizing Division of Labor promulgate legislative rule relating to supervision of elevator mechanics and apprentices.

    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,

                               Jack Yost,

                                 Chair.

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

    Senator D. Facemire, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:

    Your Committee on Energy, Industry and Mining has had under consideration

    Senate Bill No. 298, Authorizing Office of Miners' Health, Safety and Training promulgate legislative rule relating to application process for Innovative Mine Safety Technology Tax Credit Act.

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

                             Respectfully submitted,

                               Douglas E. Facemire,

                                 Chair.

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

    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. 300, Authorizing DNR promulgate legislative rule relating to special boating.

    Senate Bill No. 301, Authorizing DNR promulgate legislative rule relating to special motorboating.

    Senate Bill No. 302, Authorizing DNR promulgate legislative rule relating to hunting, trapping and fishing.

    Senate Bill No. 303, Authorizing DNR promulgate legislative rule relating to definition of hunting and trapping terms.

    Senate Bill No. 304, Authorizing DNR promulgate legislative rule relating to hunting and trapping prohibitions.

    And,

    Senate Bill No. 306, Authorizing DNR promulgate legislative rule relating to special fishing.

    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,

                               William R. Laird IV,

                                 Chair.

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

    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. 305, Authorizing DNR promulgate legislative rule relating to general trapping.

    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,

                               William R. Laird IV,

                                 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 Natural Resources 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. 315, Authorizing Board of Pharmacy promulgate legislative rule relating to licensure of wholesale drug distributors.

    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 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. 331, Providing certain persons residing with crime victims parole notification and right to be heard.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    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 Prezioso, Foster, Kessler (Mr. President) and Beach:

    Senate Bill No. 430--A Bill to amend and reenact §11-15B-2, §11-15B-2a, §11-15B-24, §11-15B-25, §11-15B-26, §11-15B-30, §11-15B-32, §11-15B-33 and §11-15B-34 of the Code of West Virginia, 1931, as amended, all relating to the administration of sales and use tax generally; adding new definitions; clarifying present definitions; incorporating changes to the Streamlined Sales and Use Tax Agreement; adding a “computer software maintenance contract” as a Streamlined Sales and Use Tax Agreement defined term; relieving seller of tax liability in certain instances; clarifying due dates that fall on weekends and legal holidays; eliminating monetary allowance for certain sellers; providing new effective dates; and clarifying state administration of state and local sales and use taxes, bases and exceptions.

    Referred to the Committee on Finance.

    By Senators Unger, Foster, Yost, Klempa and Beach:

    Senate Bill No. 431--A Bill to amend and reenact §3-2-6 of the Code of West Virginia, 1931, as amended, relating to lengthening the period for voter registration; permitting registration during early voting at the county clerk’s office; permitting persons to register and vote on the same day during the early voting period; and prohibiting persons from changing party affiliation during the early voting period preceding a primary election.

    Referred to the Committee on the Judiciary.

    By Senators K. Facemyer, Jenkins, Green, Plymale and Wills:

    Senate Bill No. 432--A Bill to amend and reenact §15-2A-19 of the Code of West Virginia, 1931, as amended, relating to military service credit applied towards retirement.

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

    By Senators Laird, Miller, Hall, Klempa and Wills:

    Senate Bill No. 433--A Bill to amend and reenact §27-5-1, §27-5-2 and §27-5-4 of the Code of West Virginia, 1931, as amended, all relating to mentally ill persons; involuntary hospitalization; duties of sheriff; including the President of the West Virginia Sheriffs’ Association in the development and proposal of a statewide system for evaluation and adjudication of mental hygiene petitions; and providing that the Department of Health and Human Resources shall reimburse the county commission for deposit into the sheriff’s budget for expenses incurred in hearings conducted under the article.

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

    By Senator Palumbo:

    Senate Bill No. 434--A Bill to amend and reenact §38-5-10 of the Code of West Virginia, 1931, as amended; and to amend and reenact §38-5A-3 of said code, all relating to proceedings in aid of execution on judgments; and providing that a suggestion and suggestee execution shall contain the date of birth and last four digits of the Social Security number of the judgment debtor.

    Referred to the Committee on the Judiciary.

    By Senators Chafin, Yost and Wills:

    Senate Bill No. 435--A Bill to amend and reenact §16-5C-18 of the Code of West Virginia, 1931, as amended, relating to the conveyance of personal funds upon death of nursing home residents.

    Referred to the Committee on the Judiciary.

    By Senators Plymale, Browning, Unger, Kessler (Mr. President), Prezioso, Klempa, Beach and Jenkins:

    Senate Bill No. 436--A Bill to repeal §18-2B-5 of the Code of West Virginia, 1931, as amended; to repeal §18-27-1, §18-27-2, §18-27-3, §18-27-4, §18-27-5, §18-27-6, §18-27-7, §18-27-8, §18-27-9, §18-27-10, §18-27-11, §18-27-12, §18-27-13, §18-27-14, §18-27-15, §18-27-16, §18-27-17, §18-27-18, §18-27-19, §18-27-20, §18-27-21 and §18-27-22 of said code; to amend and reenact §18-2-10 of said code; to amend and reenact §18-2B-1, §18-2B-2, §18-2B-3, §18-2B-4 and §18-2B-7 of said code; to amend said code by adding thereto a new article, designated §18-13-1, §18-13-2, §18-13-3, §18-13-4 and §18-13-5; to amend said code by adding thereto a new article, designated §18B-3B-1, §18B-3B-2 and §18B-3B-3; to amend and reenact §18B-3C-1, §18B-3C-2 and §18B-3C-4 of said code; and to amend said code by adding thereto a new section, designated §18B-14-1, all relating to public education generally; career and technical education; seamless curricula; programs of study; requiring state board to provide adult basic education programs on certain college campuses; creating West Virginia EducationGE initiative; establishing initiative goals; providing for administration and accountability; requiring joint rule; clarifying that no specific level of appropriation is required; creating collaborative degree completion program; setting forth legislative findings, intent and program objectives; specifying program applicability; setting forth powers and duties of participating agencies; requiring certain agreements between community and technical college consortia and career and technical centers; clarifying legislative findings and intent regarding community and technical college system; clarifying duties of community and technical college consortia planning districts and specifying certain accountability procedures; assigning responsibility for developing collaborative degree completion programming; defining programs of study and directing consortia to focus on identifying and providing student programs of study leading to placement in high-demand, high-wage occupations; requiring initial consortia compacts and annual updates by certain date; specifying facilitating institutions for certain community and technical college consortium; providing for select committee to examine higher education outcomes-based funding models; specifying membership; requiring report of findings with recommendations to Legislative Oversight Commission on Education Accountability and Joint Committee on Government and Finance by certain date; updating names of agencies and institutions; making technical corrections; and deleting obsolete language.

    Referred to the Committee on Education.

    Senators Laird, Miller, Wills, Unger, Klempa and Beach offered the following resolution:

    Senate Concurrent Resolution No. 15--Requesting the Division of Highways to name the portion of U. S. Route 60, starting at the bridge where East Rainelle originated and running through the town of Rainelle, West Virginia, now known as Main Street, “Major Jackie Willard Sanford Street”.

    Whereas, Major Jackie Willard Sanford grew up in East Rainelle, West Virginia; and

    Whereas, Major Jackie Willard Sanford had a passion at a very young age for serving in the military and tried to enlist at the age of 13, but was rejected; and

    Whereas, A year later, to gain early entry into the military, Major Jackie Willard Sanford misled a United States Marine recruiter about his age and enlisted at the age of 14 on June 26, 1946; and

    Whereas, During his tenure in the Marines, Major Jackie Willard Sanford saw duty across the United States and in the Pacific while serving with the 1st Marine Division; and

    Whereas, Major Jackie Willard Sanford completed his Marine Corp enlistment in 1949, and joined the United States Army, where he became a paratrooper and saw combat duty as a Platoon Sergeant with the 187th Airborne Regimental Combat Team in Korea in 1952; and

    Whereas, Major Jackie Willard Sanford was wounded twice during his combat tour in Korea and received his first two Purple Heart medals; and

    Whereas, In September 1964, Major Jackie Willard Sanford again answered the call of duty, arriving in Vinh Long, Vietnam, as a member of the Vinh Long “Outlaws”, the aviation company known as the 62nd Assault Helicopter Company; and

    Whereas, Major Jackie Willard Sanford led a heavy fire team into the air to search for missing officers, who had been reported ambushed and captured by the enemy; and

    Whereas, During the search, Major Jackie Willard Sanford’s aircraft was struck by heavy enemy fire; and

    Whereas, Sadly, On June 16, 1965, Major Jackie Willard Sanford made the ultimate sacrifice for his country, succumbing to his wounds sustained when his aircraft was shot down; and

    Whereas, Major Jackie Willard Sanford had a distinguished military career receiving at least twenty-one major awards and decorations for his service duty including the Silver Star, Distinguished Flying Cross with First Oak Leaf Cluster; Bronze Star Medal with First Oak Leaf Cluster with “V” Device, Commendation Ribbon with Metal Pendant, Air Medal with twenty Oak Leaf Clusters, the 15th and 20th “V” Device, Purple Heart with Third Oak Leaf Cluster, Army of Occupation Medal with Clasp for Japan, National Defense Service Medal, Korean Service Medal with one Bronze Service Star, Armed Forces Expeditionary Medal for service in Vietnam, Combat Infantryman Badge, United Nations Service Medal, Republic of Korea Presidential Unit Citation, Parachutist Badge, Senior Army Aviator Badge, and the Good Conduct Medal; and

    Whereas, It is fitting and proper, to honor Major Jackie Willard Sanford for his service and self-sacrifice to his country and state, by naming this street in remembrance of him; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways name the portion of U. S. Route 60, starting at the bridge where East Rainelle originated and running through the town of Rainelle, West Virginia, now known as Main Street, “Major Jackie Willard Sanford Street”; 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 “Major Jackie Willard Sanford Street”; 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 the town of Rainelle.

    Which, under the rules, lies over one day.

    Senators Edgell, Kessler (Mr. President), Unger, Prezioso, Klempa and Beach offered the following resolution:

    Senate Concurrent Resolution No. 16--Requesting the Division of Highways to name the bridge on WV Route 82, crossing South Fork Fishing Creek in Wetzel County, bridge number 52-82-0.03, as the “Ralph Ice Memorial Bridge”.

    Whereas, Ralph Ice was born on March 31, 1921, in Smithfield, West Virginia, one of twelve children of Esten and Flossie Bell Ice; and

    Whereas, Ralph Ice enlisted in the United States Army in 1942, and was sent to fight in Battle of the Bulge in 1944; and

    Whereas, Ralph Ice was a member of the 89th Infantry Division that liberated Ohrdruf, the first Nazi concentration camp to be liberated by U. S. Troops in Germany, on April 4, 1945; and

    Whereas, Ralph Ice was awarded the Bronze Star Medal, the Combat Infantry Medal, and a medal for Service Behind Enemy Lines, all earned for his brave service in Germany, England, Belgium and Austria; and

    Whereas, Ralph Ice married Fairy Louise LaSure Kelley in 1946, and together they moved to Jacksonburg, WV, where they raised six children and two foster children; and

    Whereas, Ralph Ice was the longest serving Postmaster of Jacksonburg, serving thirty-nine years from 1948 until 1986; and

    Whereas, Ralph Ice was the President of the Jacksonburg School PTA and the Sportsman’s Club of Buffalo, and was instrumental getting the Jacksonburg streets paved; and

    Whereas, Ralph Ice and his family moved to New Martinsville in 1972, where they opened Magnolia Carpet Store; and

    Whereas, It is fitting to honor Ralph Ice for his life-long service to our nation and his community; and

    Whereas, The naming of a bridge in honor of Ralph Ice’s exemplary life is but a small gesture of gratitude and appreciation; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Division of Highways to name the bridge on WV Route 82, crossing South Fork Fishing Creek in Wetzel County, bridge number 52-82-0.03, as the “Ralph Ice 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 “Ralph Ice Memorial Bridge”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a certified copy of this resolution to the Secretary of the Department of Transportation, the Commissioner of Highways and the family of the late Ralph Ice.

    Which, under the rules, lies over one day.

    The Senate proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 12, Requesting DOH name bridge in Cassity, Randolph County, "Major Arnold James Zirkle Memorial Bridge".

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

    Senate Concurrent Resolution No. 13, Requesting DOH name portion of Lincoln County Rt. 8 "Platoon Sergeant John C. Fitzwater Memorial Road".

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

    Senate Concurrent Resolution No. 14, Requesting DOH name bridge in Nicholas County "Lee Tucker 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.

    Senate Bill No. 209, Updating terms in Personal Income Tax Act.

    On second reading, coming up in regular order, was reported by the Clerk.

    At the request of Senator Unger, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.

    Senate Bill No. 210, Updating terms in Corporation Net Income Tax Act.

    On second reading, coming up in regular order, was reported by the Clerk.

    At the request of Senator Unger, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.

    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. 161, Relating to mandatory reporting of child abuse and neglect.

    Com. Sub. for Senate Bill No. 165, Creating criminal offense of sexual contact on incarcerated persons by correctional employees.

    Com. Sub. for Senate Bill No. 221, Creating Jason Flatt Act of 2012.

    And,

    Senate Bill No. 224, Renaming Division of Banking as Division of Financial Institutions.

    The Senate proceeded to the thirteenth order of business.

    At the request of Senator Fanning, and by unanimous consent, it was ordered that the Journal show had Senator Fanning been present in the chamber on yesterday, Wednesday, January 25, 2012, he would have voted "yea" on the passage of Engrossed Committee Substitute for House Bill No. 4086.

    Without objection, the Senate returned to the third order of business.

Executive Communications

    The Clerk then presented a communication from His Excellency, the Governor, advising that on January 26, 2012, he had approved Enr. Committee Substitute for House Bill No. 4086.

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Friday, January 27, 2012, at 11 a.m.

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