Senate Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2013

TWENTIETH DAY

____________

Charleston, W. Va., Monday, March 4, 2013

    The Senate met at 1 p.m.

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

    Prayer was offered by Pastor Corbet May, St. John United Methodist Church, South Charleston, West Virginia.

    Pending the reading of the Journal of Friday, March 1, 2013,

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

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

    The Senate then proceeded to the third order of business.

    A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

    Eng. Com. Sub. for House Bill No. 2314--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-6-9a, relating to authorizing a family court judge to order the emergency custody of a child in the physical custody of a party to an action or proceeding before the family court; requiring the Department of Health and Human Resources to immediately respond and assist the family court judge in emergency placement of the child; and providing additional procedures when a child is ordered taken into emergency custody.

    Referred to the Committee on the Judiciary.

    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. 2487--A Bill to repeal §16-5A-9a of the Code of West Virginia, 1931, as amended, relating to prohibiting the use of laetrile.

    Referred to the Committee on Health and Human Resources.

Executive Communications

    Senator Kessler (Mr. President) laid before the Senate the following communication from His Excellency, the Governor:

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 4, 2013

Senate Executive Message No. 3

TO: The Honorable Members of the

    West Virginia Senate

Ladies and Gentlemen:

    I respectfully withdraw the following nomination for your advice and consent from Executive Message No. 2 dated February 18, 2013; the nominee has declined his appointment:

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

    Thank you for correcting your records.

                             Sincerely,

                               Earl Ray Tomblin,

                                 Governor.

    Which communication was received and referred to the Committee on Confirmations.

    The Senate proceeded to the fourth order of business.

    Senator Jenkins, from the Committee on Pensions, submitted the following report, which was received:

    Your Committee on Pensions has had under consideration

    Senate Bill No. 65, Exempting PERS retirement income of DNR police officers from state income tax.

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

                             Respectfully submitted,

                               Evan H. Jenkins,

                                 Chair.

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

    Senator Jenkins, from the Committee on Pensions, submitted the following report, which was received:

    Your Committee on Pensions has had under consideration

    Senate Bill No. 231, Authorizing CPRB promulgate legislative rule relating to benefit determination and appeal.

    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,

                               Evan H. Jenkins,

                                 Chair.

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

    Senator Jenkins, from the Committee on Pensions, submitted the following report, which was received:

    Your Committee on Pensions has had under consideration

    Senate Bill No. 358, Relating to municipal policemen and firemen pensions.

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

    Com. Sub. for Senate Bill No. 358 (originating in the Committee on Pensions)--A Bill to amend and reenact §8-22-18a, §8-22-19a and §8-22-25 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §8-22-18c; and to amend and reenact §8-22A-4 and §8-22A-9 of said code, all relating to municipal policemen and firemen pensions; providing additional investigatory and legal powers and duties of the West Virginia Municipal Pensions Oversight Board; liability for board acts or omissions concerning investigatory or legal actions; requiring certain notice of lawsuit to the West Virginia Municipal Pensions Oversight Board; limiting certain court orders under certain circumstances; clarifying refunds to members; clarifying circumstances in which a member may retire when the member’s service has been interrupted by duty with the armed forces of the United States; extending the cut-off date for the West Virginia Municipal Police Officers and Firefighters Retirement System plan to 2017; and continuing the municipality’s disability retirement purchase requirement until 2017.

    With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Government Organization.

                             Respectfully submitted,

                               Evan H. Jenkins,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 358), under the original double committee reference, was then referred to the Committee on Government Organization.

    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 Carmichael, Blair, Green, D. Hall, Nohe and Walters:

    Senate Bill No. 417--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-1B-1, §4-1B-2 and §4-1B-3; to amend said code by adding thereto a new section, designated §9-3-6; and to amend said code by adding thereto a new section, designated §21A-6-18, all relating to the Legislature; mandatory drug testing and treatment for members of the Legislature and withholding of compensation; human services; unemployment compensation; application for and granting of assistance; and implementing random drug testing for recipients of federal-state, state assistance or unemployment compensation benefits.

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

    By Senators Jenkins and McCabe:

    Senate Bill No. 418--A Bill to amend and reenact §16-5V-2, §16-5V-8, §16-5V-11, §16-5V-20, §16-5V-21 and §16-5V-24 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §16-5V-8a and §16-5V-35, all relating to the Emergency Medical Services Retirement System; modifying the definition of “annual compensation” as it relates to determining benefits; adding a definition for “contributing service”; adding a definition for the terms “retire” and “retirement”; making technical corrections; correction of participating public employer errors by the board; clarifying eligibility requirements for commencement of benefits; specifying that the board must be in receipt of a request for estimation of benefits prior to providing a member with an explanation of their estimated gross monthly annuity and a retirement application; providing that a member shall have at least ten years of contributing service to qualify for nonduty-related disability retirement; specifying that the total nonduty disability award received by a member shall be based on their average monthly compensation during the twelve-month period immediately preceding the disability award; providing that all costs associated with disability benefit examinations shall be paid from the board’s expense fund; providing that disability benefits shall cease on the first day of the month following termination of disability by the board; requiring annual disability recertification for a retirant who is less than sixty years of age during the first five years of retirement and once every three years thereafter; providing that if a member who is receiving a nonduty disability benefit dies the surviving spouse shall receive the average monthly compensation received by the member prior to the disability award; and annuity calculation for a member who returns to covered employment after retirement.

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

    By Senators Jenkins and McCabe:

    Senate Bill No. 419--A Bill to amend and reenact §18-7A-3, §18-7A-14, §18-7A-17, §18-7A-23, §18-7A-25 and §18-7A-26 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18-7A-14c, all relating to the Teachers Retirement System; specifying the time period in which a participating public employer allocates and reports gross salary to the retirement board; including nonteachers within the definition of “present member”; adding a definition for the terms “retire” and “retirement”; modifying the definition of “teacher member”; correction of errors; requiring nonteachers to file a statement with the retirement board detailing the length of service being claimed for retirement credit; clarifying that members granted prior service credit for qualified military service shall have been honorably discharged from active duty; clarifying provisions for purchasing out-of-state service credit for members who transferred from the Teachers’ Defined Contribution Retirement System; providing that a nonteaching member shall not be considered absent from service while serving as an officer with a statewide professional teaching association; requiring that members make written request to the retirement board to receive credit for service previously credited by the Public Employees Retirement System; providing that all interest paid or transferred on service credit from the Public Employees Retirement System be deposited in the reserve fund; providing that an inactive member may elect to receive an annuity at age sixty; providing that the sole primary beneficiary of a member is eligible for an annuity if the contributor was fifty years old with twenty-five years’ service; providing that a refund beneficiary shall receive the contributor’s accumulated contributions up to the plan year of contributor’s death; providing that a refund beneficiary shall be paid the Teachers’ Defined Contribution Retirement System member contributions transferred plus the vested portion of employer contributions and any earnings; providing that an actively contributing member who is at least sixty years of age is eligible for an annuity; providing that any member who has thirty years of total service in the state as a nonteaching member is eligible for an annuity; specifying that anyone who becomes a new member on or after July 1, 2013, shall have five or more years of contributory service to qualify for retirement; providing that a nonteaching member who is fifty-five years of age and has served thirty years in the state is eligible for an annuity; clarifying that a nonteaching member is eligible for disability benefits; clarifying the computation of a member’s annuity; providing for the commencement date of disability annuity benefits; and making technical corrections.

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

    By Senators Nohe, Sypolt, Blair, Boley, Carmichael, Cole, D. Hall and Walters:

    Senate Bill No. 420--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-7-16, relating to creating the Firearm Protection Act; providing that any federal law which attempts to ban semiautomatic firearms or to limit the size of a magazine of a firearm or other limitation on firearms in this state is unenforceable in West Virginia; and providing for an effective date.

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

    By Senators Nohe, Boley, Carmichael and Walters:

    Senate Bill No. 421--A Bill to amend and reenact §61-7-11a of the Code of West Virginia, 1931, as amended, relating to providing an exemption for the official mascot of Parkersburg South High School, commonly known as The Patriot, which would allow the mascot to carry a musket on school grounds when the mascot is acting in his or her official capacity.

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

    By Senators Plymale, Miller, Jenkins and Stollings:

    Senate Bill No. 422--A Bill to amend and reenact §29-22A-10 and §29-22A-10b of the Code of West Virginia, 1931, as amended, all relating to the allocation of one half of net terminal income from racetrack video lottery currently distributed to the Development Office Promotion Fund to the Cultural Facilities and Capitol Resources Matching Grant Program Fund; and technical changes.

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

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

    Senate Bill No. 423--A Bill to amend and reenact §31-20-5d of the Code of West Virginia, 1931, as amended, relating to providing persons convicted of a criminal offense and sentenced to a six-month confinement in a regional jail a reduction in sentence for successful completion of education and rehabilitation programs.

    Referred to the Committee on the Judiciary.

    By Senators Facemire and Beach:

    Senate Bill No. 424--A Bill to amend and reenact §22-3-11 of the Code of West Virginia, 1931, as amended, relating to the state’s jurisdiction over reclaimed sites of bond-forfeited surface mining operations.

    Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.

    By Senators Tucker, Kessler (Mr. President) and Cookman:

    Senate Bill No. 425--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §27-5-2a; to amend and reenact §27-5-11 of said code; and to amend said code by adding thereto a new section, designated §27-5-12, all relating to mental health treatment alternatives to involuntary commitment; allowing the court to convert an involuntary hospitalization application into a petition for a temporary compliance order; eliminating the sunset provision; modifying the requirements and process necessary to enter a treatment compliance order; clarifying that persons who use the modified procedures of this section are not subject to reporting to certain databases; and creating a new database for compilation of certain persons to be used by the circuit courts.

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

    By Senator Snyder:

    Senate Bill No. 426--A Bill to amend and reenact §46-9-510, §46-9-516 and §46-9-521 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §46-9-516a, all relating to the Uniform Commercial Code and the effectiveness of filed records; creating additional authority to refuse to accept a record; creating circumstances under which a record filing is false; creating criminal penalties for filing or attempting to file a false record; creating civil penalties for filing or attempting to file a false record; setting an administrative procedure initiated by the Secretary of State or a person identified as a debtor on a record; requiring party to an adverse administrative decision by the Secretary of State to file action in Kanawha County Circuit Court if the party wishes to have the Secretary of State’s decision reversed; exempting the filing office and its employees from liability; exempting filings by a regulated financial institution or its representatives from certain provisions; clarifying the applicability of provisions to records filed prior to the effective date of this article; and providing for a uniform format for current forms.

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

    By Senator Green:

    Senate Bill No. 427--A Bill to amend and reenact §62-1A-10 of the Code of West Virginia, 1931, as amended, relating to clarifying requirements for certain motor vehicle searches.

    Referred to the Committee on the Judiciary.

    By Senator Stollings:

    Senate Bill No. 428--A Bill to amend and reenact §16-3C-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §16-4-19 of said code, all relating to removing the limitations on billing patients for HIV and sexually transmitted disease testing done by state or local public health agencies; and clarifying provisions relating to performing HIV or STD tests on persons accused of a sexual offense.

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

    By Senator Stollings:

    Senate Bill No. 429--A Bill to amend and reenact §16-5O-2 of the Code of West Virginia, 1931, as amended, relating to removing an adult family care home from the definition of a “facility” for the purposes of the Medication Administration by Unlicensed Personnel Act.

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

    By Senators Jenkins and McCabe:

    Senate Bill No. 430--A Bill to amend and reenact §18-7B-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18-7B-21, all relating to the Teachers’ Defined Contribution Retirement System; adding a definition of “employment term”; making a technical correction; and adding a provision relating to correction of errors by participating public employers and the Consolidated Public Retirement Board.

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

    By Senators Jenkins and McCabe:

    Senate Bill No. 431--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10D-11, relating to the liability of a participating public employer and its successor to pay delinquent retirement contributions, delinquency fees and related costs; and enforcement and collection of the costs by the Consolidated Public Retirement Board.

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

    By Senators Jenkins, Kessler (Mr. President), Barnes, Beach, Cann, Carmichael, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Kirkendoll, McCabe, Palumbo, Snyder, Stollings, Unger, Wells, Williams, Yost and Plymale:

    Senate Bill No. 432--A Bill to repeal §12-1-12c of the Code of West Virginia, 1931, as amended; to repeal §12-6B-1, §12-6B-2, §12-6B-3 and §12-6B-4 of said code; to repeal §48-2-604 of said code; to amend and reenact §5-10B-3 of said code; to amend said code by adding thereto a new section, designated §5-10B-14; to amend and reenact §12-1-3, §12-1-8, §12-1-11 and §12-1-12b of said code; to amend and reenact §12-2-2 and §12-2-3 of said code; to amend and reenact §12-3-1 of said code; to amend and reenact §12-3A-3 of said code; to amend and reenact §12-5-4 of said code; to amend and reenact §12-6A-1, §12-6A-2, §12-6A-3, §12-6A-4, §12-6A-5, §12-6A-6 and §12-6A-7 of said code; to amend and reenact §12-6C-7 and §12-6C-9 of said code; to amend and reenact §18-30-8 and §18-30-11 of said code; to amend and reenact §33-3-14d of said code; and to amend and reenact §36-8-13 of said code, all relating to the State Treasurer's Office; authorizing organizations exempt from taxation within West Virginia to participate in the deferred compensation plan in accordance with the Internal Revenue Code; authorizing Roth accounts within the deferred compensation plan in accordance with the Internal Revenue Code; authorizing financial institutions to offer products in addition to certificates of deposit; updating references to investing authorities to include the Board of Treasury Investments; raising the amount of eligible deposits from $100,000 to the amount insured by a federal agency; deleting archaic language pertaining to eligible depositories; amending language pertaining to what constitutes a conflict of interest for applicants and employees of the Treasurer's Office in connection with financial institutions by prohibiting those persons with a defined conflict from participating in the selection of or in contract negotiations with a depository; authorizing depositories to submit reports in an electronic format; clarifying that payments under the CMIA are interest payments; changing the CMIA report from a quarterly report to an annual report since the calculation is only prepared annually; changing the requirement that deposits are required within twenty-four hours to one business day; establishing standards for receipting of moneys, including reviewing of internal controls by auditors and the Treasurer and ensuring copies of audits are submitted to the Legislative Auditor; ensuring confidential information in internal control procedures is redacted before release; clarifying the definitions of federal, special and general revenue funds; eliminating reference to the chief inspector of public offices, changing the report to the Legislative Auditor for accounts outside the treasury from quarterly to an annual report; clarifying that investments are managed by the Board of Treasury Investments in addition to the Investment Management Board; conforming language pertaining to determining the amount of federal funds in stale state checks to the capabilities of the Enterprise Resource Planning System; clarifying that the Treasurer determines the competitive bidding of banking, investment and related goods and services required for treasury operations; authorizing the Treasurer to develop procedures for storing, retaining and disposing of records for his or her office; ensuring the Director of the Division of Archives and History receives records with historical value; clarifying that the Treasurer is responsible for earnings received on securities, not just interest; consolidating the Debt Capacity Division into the Debt Management Division; amending legislative findings to acknowledge the importance of monitoring the debt of the state and its spending units; continuing division of debt management as the central information source for debt issued by the state and its spending units; expanding the definition of “debt” to include debentures, lease purchases, mortgages, securitizations and other types of obligations with specific amounts owed and payable on demand or on determinable dates; defining “debt impact report”, “moral obligation bond”, “net tax supported debt and tax supported debt”; amending definition of “spending unit”; eliminating requirement for developing a long-term debt plan; clarifying the division is responsible for continuously evaluating debt and debt service requirements and reviewing all proposed debt offerings of the state and its spending units; clarifying the division is to issue a debt impact report if requested by the Governor, Senate President or House of Delegates Speaker and that the report shall not restrict the Governor, Legislature or spending unit; requiring the division to monitor continuing disclosure requirements and post-issuance compliance issues; eliminating requirement that the Debt Management Division provide staff for the Debt Capacity Division; clarifying the reporting requirements of the division and the spending units; requiring the division to prepare and issue the debt capacity report; clarifying the Treasurer promulgates the rules; altering the bond required for the Board of Treasury Investments from $50 million to at least $10 million, as set by the board; updating language pertaining to rating agencies to nationally recognized statistical rating organizations; permitting investment in corporate debt in investment grade securities and in money market and other fixed income funds; authorizing the board to make loans specified by the Legislature and to offer an equipment and software financing program for state government entities; removing requirement that direct or guaranteed obligations of the United States constitute at least fifteen percent of the consolidated fund; providing that securities falling out of compliance with the code do not have to be sold if the investment manager and investment consultant recommend retention; authorizing moneys in the College Prepaid Tuition and Savings Program Administrative Account be used to provide matching grants and scholarships for the program; clarifying the value of a prepaid tuition or savings plan account is not considered for purposes of determining eligibility for income-based governmental financial assistance unless required by federal law; satisfying amounts due to and from policemen's and firemen's pension and relief funds and the Teachers Retirement System; authorizing expenses related to operations and programs of the Office of the Treasurer from the Unclaimed Property Fund; authorizing transfer of moneys from the Unclaimed Property Trust Fund for payment to policemen's and firemen's pension and relief funds; and making various technical clean up revisions.

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

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

    Senate Concurrent Resolution No. 15--Requesting the Division of Highways to name the Logan County Route 5/12 (White Oak Road) from the junction of White Oak Creek Road (Co. Rt. 5/11) 0.00-0.35 the “Private First Class Troy Franklin Tomblin Memorial Highway”.

    Whereas, Troy Franklin Tomblin was born March 25, 1947, to Troy and Nettie Tomblin in Harts, West Virginia. He had six siblings. He was a Baptist and graduated from Chapmanville High School in 1965. He enlisted in the United States Army and started a tour of duty on October 29, 1966, as a Private First Class Infantryman, a member of B CO, 2nd BN, 8th Infantry, 4th Inf Div, USARV in Vietnam. He was killed in action in Kontum Province, South Vietnam, on February 21, 1967. Private First Class Troy Franklin Tomblin was awarded the Purple Heart, Vietnam Service Medal, Vietnam Campaign Medal and National Defense Medal; and

    Whereas, Private First Class Troy Franklin Tomblin gave his life in the service of his country and state and his sacrifice should not go unnoticed; and

    Whereas, It is fitting to honor Private First Class Troy Franklin Tomblin by naming the Logan County Route 5/12 (White Oak Road) from the junction of White Oak Creek Road (Co. Rt. 5/11) 0.00-0.35 the "Private First Class Troy Franklin Tomblin Memorial Highway"; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Division of Highways to name the Logan County Route 5/12 (White Oak Road) from the junction of White Oak Creek Road (Co. Rt. 5/11) 0.00-0.35 the “Private First Class Troy Franklin Tomblin Memorial Highway”; and, be it

    Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the road as the “Private First Class Troy Franklin Tomblin Memorial Highway”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the surviving family and relatives of Troy Franklin Tomblin.

    Which, under the rules, lies over one day.

Petitions

    Senator Snyder presented a petition from Rod Arrington and numerous West Virginia residents, supporting Senate Bill No. 103 (Creating WV Commuter Rail Access Act).

    Referred to the Committee on Transportation and Infrastructure.

    The Senate proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 14, Requesting DOH name portion of State Route 20 in Upshur County "Thomas B. Dunn Memorial Highway".

    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 eighth order of business.

    Eng. Com. Sub. for Senate Bill No. 172, Relating to nonintoxicating beer distributor licensees.

    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: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    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. 172) passed with its title.

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

    Eng. Senate Bill No. 197, Expiring funds from State Fund, General Revenue, and making supplementary appropriations to various accounts.

    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: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 197) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 197) 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. 47, Creating General Livestock Trespass Law.

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

    Senate Bill No. 194, Repealing code relating to Medicaid program contract procedure.

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

    Senate Bill No. 214, Eliminating interview requirement for certain medical licensee applicants.

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

    Com. Sub. for Senate Bill No. 335, Permitting certain hospitals exemption from certificate of need.

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

    Senate Bill No. 338, Relating to liability of possessor of real property for harm to trespasser.

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

    The Senate proceeded to the tenth order of business.

    Com. Sub. for Com. Sub. for Senate Bill No. 101, Clarifying Medical Professional Liability Act applies to nursing homes and their health care providers.

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

    Pending announcement of meetings of standing and select committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Tuesday, March 5, 2013, at 11 a.m.

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