Senate Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2013

TWENTY-SECOND DAY

____________

Charleston, W. Va., Wednesday, March 6, 2013

    The Senate met at 11 a.m.

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

    Prayer was offered by the Honorable Mike Hall, a senator from the fourth district, and Pastor, New River Presbytery, Pliny, West Virginia.

    Pending the reading of the Journal of Tuesday, March 5, 2013,

    On motion of Senator Barnes, 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 fourth order of business.

    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. 125, Permitting Monongalia County Commission to levy special district excise tax.

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

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

    Your Committee on Health and Human Resources has had under consideration

    Senate Bill No. 236, Authorizing Board of Dental Examiners promulgate legislative rule relating to practitioner requirements for accessing Controlled Substances Monitoring Program database.

    Senate Bill No. 277, Authorizing Board of Medicine promulgate legislative rule relating to practitioner requirements for accessing Controlled Substances Monitoring Program database.

    Senate Bill No. 278, Authorizing Board of Medicine promulgate legislative rule relating to licensure, disciplinary and complaint procedures; continuing education; and physician assistants.

    Senate Bill No. 279, Authorizing Board of Medicine promulgate legislative rule relating to continuing education for physicians and podiatrists.

    Senate Bill No. 295, Authorizing Board of Osteopathic Medicine promulgate legislative rule relating to practitioner requirements for controlled substances licensure; accessing Controlled Substances Monitoring Program database.

    Senate Bill No. 297, Authorizing Board of Pharmacy promulgate legislative rule relating to controlled substances monitoring.

    And,

    Senate Bill No. 305, Authorizing Board of Examiners for Registered Professional Nurses promulgate legislative rule relating to practitioner requirements for accessing Controlled Substances Monitoring Program database.

    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,

                               Ron Stollings,

                                 Chair.

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

    Senator 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. 249, Authorizing DEP promulgate legislative rule relating to WV/NPDES regulations for coal mining facilities.

    And,

    Senate Bill No. 280, Authorizing Board of Miner Training, Education and Certification promulgate legislative rule relating to standards for certification of coal mine electricians.

    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,

                               Douglas E. Facemire,

                                 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. 250, 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 double committee reference first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

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

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

    Your Committee on Health and Human Resources has had under consideration

    Senate Bill No. 267, Authorizing DHHR promulgate legislative rule relating to reportable diseases, events and conditions.

    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 Finance; and then to the Committee on the Judiciary.

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

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

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

    Your Committee on Health and Human Resources has had under consideration

    Senate Bill No. 292, Authorizing Board of Optometry promulgate legislative rule relating to expanded therapeutic procedures certificates.

    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,

                               Ron Stollings,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with amendments from the Committee on Health and Human Resources pending.

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

    Your Committee on Health and Human Resources has had under consideration

    Senate Bill No. 294, Authorizing Board of Osteopathic Medicine promulgate legislative rule relating to licensing procedures for osteopathic physicians.

    And has amended same.

    And,

    Senate Bill No. 323, Authorizing Board of Osteopathic Medicine promulgate legislative rule relating to osteopathic physician assistants.

    And has amended same.

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

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

    The bills, under the original double committee references, were then referred to the Committee on the Judiciary, with amendments from the Committee on Health and Human Resources pending.

    Senator Plymale, from the Committee on Education, submitted the following report, which was received:

    Your Committee on Education has had under consideration

    Senate Bill No. 326, Establishing appropriation request process for higher education system.

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

    Com. Sub. for Senate Bill No. 326 (originating in the Committee on Education)--A Bill to amend and reenact §18B-1A-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18B-2A-3 of said code, all relating to institutional operating budgets; the West Virginia Network of Educational Telecomputing; requiring the Higher Education Policy Commission and Council for Community and Technical College Education to propose procedural rules by certain date; specifying prior approval by Legislative Oversight Commission on Education Accountability; setting forth goals and objectives for state institutions of higher education and specifying procedures for measuring attainment; designating a pilot year and requiring certain reports; specifying percentages of operating budgets to be applied to outcomes-based funding annually and designating total percentages; requiring establishment of legislative committee to advise in developing procedural rules; collecting, synthesizing and disseminating data from state institutions of higher education; directing institutional boards of governors to cooperate in certain data-related operations; and providing certain privacy protections.

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

                             Respectfully submitted,

                               Robert H. Plymale,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 326), under the original double committee reference, was then referred to the Committee on Finance.

    Senator Wells, from the Committee on Military, submitted the following report, which was received:

    Your Committee on Military has had under consideration

    Senate Bill No. 380, Expanding Military Incentive Program for economically disadvantaged veterans.

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

                             Respectfully submitted,

                               Erik P. Wells,

                                 Chair.

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

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

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 435, Continuing Municipal Home Rule Pilot Program.

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

    Com. Sub. for Senate Bill No. 435 (originating in the Committee on Government Organization)--A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as amended, relating to continuing the Municipal Home Rule Pilot Program; legislative findings; authorizing Class I, II, III and IV municipalities to participate in the program; clarifying the voting privileges of members of the Municipal Home Rule Board; clarifying the powers and duties of the board; written plan requirements for municipalities; ordinance requirements for municipalities; powers and duties of the participating municipalities; prohibiting certain acts by participating municipalities; amending the written plan; reporting requirements; termination date of the pilot program; and the effect of ordinances passed by the municipalities participating in the pilot program.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    At the request of Senator Snyder, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 435) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time and ordered to second reading.

    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 and Facemire:

    Senate Bill No. 454--A Bill to amend and reenact §11-14C-2, §11-14C-5, §11-14C-9, §11-14C-10, §11-14C-13 and §11-14C-19 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11-14C-6a; to amend and reenact §11-15-18b of said code; and to amend and reenact §11-15A-13a of said code, all relating to the taxation of alternative fuel; defining terms; requiring the Tax Commissioner to determine the gasoline gallon equivalent for alternative fuels; imposing tax on motor fuel equivalent gallons; specifying the point of imposition of tax on alternative fuels not otherwise taxed at the point of imposition; providing that propane used in a motor vehicle is subject to the tax; requiring alternative-fuel bulk end users, providers of alternative fuels and retailers of alternative fuels to be licensed; establishing bonding requirements for alternative-fuel bulk end users, providers of alternative fuels and retailers of alternative fuels; establishing due dates for returns and payments of tax on alternative fuels; and specifying effective dates for amendments.

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

    By Senators Green, Edgell, Fitzsimmons, D. Hall and Yost:

    Senate Bill No. 455--A Bill to amend and reenact §19-23-6, §19-23-7, §19-23-9 and §19-23-12b of the Code of West Virginia, 1931, as amended; to amend and reenact §29-22A-3, §29-22A-10 and §29-22A-10b of said code; and to amend and reenact §29-22C-8, §29-22C-10 and §29-22C-26 of said code, all relating to providing that within the minimum and maximum set by the commission, the number of horse races or dog races to be held on a racing day be set by the licensee; providing for use of funds paid to Horsemen’s Benevolent and Protective Association from special fund for payment of regular purses; decreasing the number of dates required for a horse or dog race meeting license application; decreasing the number of live racing dates required for receiving telecasts and accepting wagers on horse and dog race meetings; decreasing the number of dates on which live racing must be conducted by racetrack table games licensee; providing for distribution of certain amounts of net terminal income derived from racetrack video lottery terminals; providing for annual racetrack table games license renewal fee; and decreasing percentage of table games privilege tax.

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

    By Senators Jenkins, Kessler (Mr. President), Chafin and Plymale:

    Senate Bill No. 456--A Bill to amend and reenact §23-4-1 of the Code of West Virginia, 1931, as amended, relating to workers’ compensation; creating a rebuttable presumption that development of certain cancers by professional or volunteer firefighters arose out of the course of employment; and requiring the Insurance Commissioner to study the effects of the rebuttable presumption.

    Referred to the Committee on the Judiciary.

    By Senators Prezioso, Tucker, Laird and Plymale:

    Senate Bill No. 457--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-8a, relating to air-ambulance fees paid by the West Virginia Public Employees Insurance Agency.

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

    By Senators Prezioso and Tucker:

    Senate Bill No. 458--A Bill to amend and reenact §5-16-3 of the Code of West Virginia, 1931, as amended, relating to permitting the Director of the Public Employees Insurance Agency to operate any of the agency’s health benefits plans on a calendar year if it is financially advantageous; and providing that financial plans shall continue to be on a fiscal-year basis.

    Referred to the Committee on Banking and Insurance; and then to the Committee on Government Organization.

    By Senators Carmichael and D. Hall:

    Senate Bill No. 459--A Bill to amend and reenact §46A-6-107 of the Code of West Virginia, 1931, as amended, relating to disclaimers of warranties with respect to goods which are the subject of or are intended to become the subject of a consumer transaction; prohibition against exclusion, modification or limitation of any warranty or remedy; waiver of warranty on used motor vehicle as to a particular defect or malfunction which dealer has disclosed; conditions permitting as-is sale of used motor vehicle; conspicuous disclosure of as-is sale; as-is sale does not waive express warranties made by dealer; and dealer to conform to federal regulations.

    Referred to the Committee on the Judiciary.

    By Senators Wells, Green, Barnes, Beach, Edgell, Fitzsimmons, Laird, Snyder, Sypolt, Walters, Yost, Unger, Kessler (Mr. President), Stollings, Jenkins, Cann, Plymale and Williams:

    Senate Bill No. 460--A Bill to amend and reenact §11-21-12e of the Code of West Virginia, 1931, as amended, relating to taxation; personal income tax; and exempting active duty military pay for resident individuals serving thirty or more continuous days on active duty in the armed forces of the United States, National Guard or armed forces reserves for the taxable year in which the individual has separated from active military service.

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

    By Senators Cookman, Beach, Fitzsimmons, D. Hall, Jenkins, Laird, Williams, Unger, Kessler (Mr. President), Stollings, Chafin, Miller, Snyder, Plymale and Palumbo:

    Senate Bill No. 461--A Bill to repeal §62-6B-2, §62-6B-3 and §62-6B-4 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto four new sections, designated §48-1-308, §48-1-309, §48-1-310 and §48-1-311; to amend said code by adding thereto a new article, designated §49-1A-1 and §49-1A-2; and to amend said code by adding thereto four new sections, designated §61-11-27, §61-11-28, §61-11-29 and §61-11-30, all relating to procedures and protections for child witnesses in domestic relations, child abuse and neglect and criminal proceedings; setting forth the rights of child witnesses; establishing the procedure and safeguards to be used when taking testimony of a child witness; permitting a court in certain instances to permit a child witness to give testimony by closed-circuit television; establishing the procedure to be used when taking testimony of a child witness by closed-circuit television; protecting recordings made of statements by child witnesses; providing for confidentiality; providing for instances when the child witness may also be a victim; and permitting a support person for a child witness.

    Referred to the Committee on the Judiciary.

    By Senators Facemire, Beach, Kirkendoll, Palumbo, Cann, Edgell, Snyder, Stollings, D. Hall, McCabe and Plymale:

    Senate Bill No. 462--A Bill to amend and reenact §22-3-20 and §22-3-21 of the Code of West Virginia, 1931, as amended, all relating to informal conferences on surface mining permit applications; extending time to hold informal conferences; and extending time from an informal conference in which the secretary must issue or deny a surface mining permit.

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

    By Senators Kirkendoll, Beach, Facemire, Green, Laird, Snyder and Plymale:

    Senate Bill No. 463--A Bill to amend and reenact §24B-5-3 of the Code of West Virginia, 1931, as amended, relating to increasing the amount of special license fees paid by pipeline companies to the Public Service Commission.

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

    By Senators Stollings, Beach, Wells, Kessler (Mr. President), Yost and Unger:

    Senate Bill No. 464--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-45-1, §16-45-2, §16-45-3, §16-45-4 and §16-45-5, all relating generally to regulation of tanning facilities; defining terms; setting forth requirements for registration, inspection and obtaining a permit; requiring a consent form; setting forth consent form language; creating operating standards; prohibiting the use of tanning devices by anyone under the age of eighteen; granting rule-making authority to the Department of Health and Human Resources to regulate tanning facilities; setting forth minimum requirements for the rule; and establishing criminal penalties.

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

    By Senators Wells, Fitzsimmons, Green, Snyder, Yost, Unger, Stollings, Palumbo and Williams:

    Senate Bill No. 465--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-5-20, relating to providing a fifty-percent discount to organized youth groups for campsite rental or group camping fees at state parks and forests if the group agrees to undertake a community service project that benefits the state park or forest; and rules.

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

    By Senators Laird, Kessler (Mr. President), Stollings, Fitzsimmons and Williams:

    Senate Bill No. 466--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated §60B-1-1, §60B-2-1, §60B-2-2, §60B-2-3, §60B-3-1, §60B-3-2, §60B-3-3, §60B-3-4, §60B-3-5, §60B-3-6, §60B-4-1 and §60B-4-2, all relating to the regulation of wild, dangerous animals; creating a regulatory board; providing rule-making authority; and creating offenses and establishing penalties.

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

    By Senators Laird, Edgell, Kirkendoll and Stollings:

    Senate Bill No. 467--A Bill to amend and reenact §20-2-64 of the Code of West Virginia, 1931, as amended, relating to importation and release of certain aquatic species; revising the stocking permit requirements for the release of aquatic species into state waters; and criminal penalties.

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

    By Senators Unger, Laird, Kessler (Mr. President), Stollings, Snyder and Fitzsimmons:

    Senate Bill No. 468--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §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, §15-14-10 and §15-14-11, all relating to creating a State Animal Abuse Registry; defining terms; creating a registry of all persons convicted of animal abuse; requiring all persons convicted of animal abuse to register; setting forth the information to be provided when registering; requiring a registrant to pay a fee; creating the Central Abuse Registry Fund; determining how the money in the fund will be used; requiring the registry information to be public; providing an exception from being required to register; setting forth duties of animal breeders, animal shelters and pet stores; and providing criminal penalties.

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

    By Senators Jenkins, Kessler (Mr. President), Chafin, McCabe and Plymale:

    Senate Bill No. 469--A Bill to amend and reenact §5-10-14 and §5-10-18 of the Code of West Virginia, 1931, as amended, all relating to service credit; retroactive service credit; and reinstatement interest in the Public Employees Retirement System.

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

    Senators Kirkendoll, Stollings, Unger and Green offered the following resolution:

    Senate Concurrent Resolution No. 16--Requesting the Division of Highways to name County Route 5/07, also known as Bulwark Ranch Road, that runs off County Route 5 in Logan County, the "Army PFC James Edward Workman Memorial Road".

    Whereas, PFC Workman was born on November 10, 1946, in Logan to Elbert and Lorraine Star Workman; and

    Whereas, PFC Workman married Elizabeth St. Clair on January 23, 1967, and had one daughter, Pamela Ann Workman; and

    Whereas, PFC Workman served in Company B, 3rd Battalion, 60th Infantry, 9th Infantry Division in the United States Army; and

    Whereas, PFC Workman was killed in action on May 23, 1969, in Kien Hoa, South Vietnam, and is buried in the Smith Cemetery; and

    Whereas, PFC Workman received the Purple Heart, Vietnam Service Medal, Vietnam Campaign Medal and National Defense Medal; and

    Whereas, PFC Workman received a GED and was a member of the Hannah Baptist Church; and

    Whereas, It is fitting to honor PFC Workman for his commitment, dedication and service to his country and his state and having made the ultimate sacrifice; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name County Route 5/07, also known as Bulwark Ranch Road, that runs off County Route 5 in Logan County, the "Army PFC James Edward Workman Memorial Road"; 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 "Army PFC James Edward Workman Memorial Road"; 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 family of James Edward Workman.

    Which, under the rules, lies over one day.

    Senators Kessler (Mr. President), Unger, Stollings, Yost, D. Hall, Jenkins, Laird, Snyder, McCabe, Prezioso, Green, Plymale, Williams and Fitzsimmons offered the following resolution:

    Senate Resolution No. 25--Designating March 6, 2013, as “Women’s Day” at the Legislature.

    Whereas, The West Virginia Women’s Commission is celebrating thirty-six years of promoting the status and empowerment of all West Virginia women through advocacy, research, education and consensus building; and

    Whereas, The West Virginia Women’s Commission strives to foster women’s economic, political, educational and social development to ensure their full participation in society and to recognize their achievements; and

    Whereas, The West Virginia Women’s Commission has continued their history of honoring women across the state through programs such as Celebrating a Legacy of Women in Public Service during Women’s History Month, educating women and legislators during our annual Women’s Day at the Legislature by reinstating a second day of workshops, completing an annual policy statement highlighting legislation of importance to women and families, and by recognizing the annual Women’s Equality Day Celebration commemorating the passage of the 19th amendment; and

    Whereas, Through the West Virginia Women’s Commission’s programs and collaborations with partner organizations, women shall have the opportunity to participate in learning experiences through workshops focused on citizen advocacy; and 

    Whereas, West Virginia citizens are proud of the accomplishments and achievements of women in our state, both in the private and public sectors, and appreciates their many contributions to our communities as they continue to advance in leadership roles in our society; therefore, be it

    Resolved by the Senate:

    That the Senate hereby designates March 6, 2013, as “Women’s Day” at the Legislature; and, be it

    Further Resolved, That the Senate expresses its sincere appreciation to women for the many contributions they make to the State of West Virginia in all facets of our society; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials with the West Virginia Women’s Commission.

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

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

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

    Senators Palumbo, Unger, Kessler (Mr. President), Stollings, Yost, D. Hall, Jenkins, Laird, Snyder, Plymale, Green, Prezioso, McCabe, Williams and Fitzsimmons offered the following resolution:

    Senate Resolution No. 26--Designating the month of March as “American Red Cross Month”.

    Whereas, Founded in 1881 and chartered by Congress in 1905, the American Red Cross acts in times of need in this country and around the world; and

    Whereas, The American Red Cross is one of the most recognized humanitarian organizations and provides compassionate care to those who suffer disasters; and

    Whereas, American Red Cross volunteers have provided food, clothing, shelter and mental health support to victims of disasters in recent years; and

    Whereas, Nearly 44,000 people in West Virginia were trained in 2011 by the American Red Cross in CPR, first aid, lifeguard techniques, water safety and HIV/AIDS education; and

    Whereas, Recruitment of West Virginians by the American Red Cross is continuous in seeking blood donations and blood products for critical medical treatments in our state; and

    Whereas, The generosity of contributions of time and money by the American people help the American Red Cross restore vital services to families in times of need; therefore, be it

    Resolved by the Senate:

    That the Senate hereby designates the month of March as “American Red Cross Month”; and, be it

    Further Resolved, That the Senate hereby recognizes the American Red Cross for its contributions to this state, the United States and the world; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of the American Red Cross.

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

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

    Upon expiration of the recess, the Senate reconvened and proceeded to the seventh order of business.

    Senate Resolution No. 24, Opposing US Supreme Court's interpretation of Constitution in Citizens United v. Federal Election Commission.

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

    The Senate proceeded to the eighth order of business.

    Eng. 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 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, 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)--33.

    The nays were: Chafin--1.

    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 Com. Sub. for S. B. No. 101) passed with its title.

    Senator Unger moved that the bill take effect July 1, 2013.

    On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, 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)--33.

    The nays were: Chafin--1.

    Absent: None.

    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 Com. Sub. for S. B. No. 101) takes effect July 1, 2013.

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

    The Senate proceeded to the tenth order of business.

    Com. Sub. for Senate Bill No. 139, Regulating certain purchases of precious metals and gems.

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

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

    The Senate then proceeded to the thirteenth order of business.

    Senator Unger called attention to yesterday, Tuesday, March 5, 2013, being the birthday of the senator from Ohio and on behalf of the Senate extended felicitations and good wishes to Senator Fitzsimmons, with Senator Cole leading the members in singing "Happy Birthday".

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

    On motion of Senator Unger, the Senate adjourned until tomorrow, Thursday, March 7, 2013, at 11 a.m.

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