Senate Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2012

THIRTY-FOURTH DAY

____________

Charleston, W. Va., Monday, February 13, 2012

    The Senate met at 11 a.m.

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

    Prayer was offered by Pastor Darren Powell, Maranatha Fellowship Church, St. Albans, West Virginia.

    Pending the reading of the Journal of Friday, February 10, 2012,

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

    On motion of Senator Unger, the Senate recessed for five minutes to permit NASCAR driver Bobby Dale Earnhardt to present Senator Kessler (Mr. President) with a racing cap.

    Upon expiration of the recess, the Senate reconvened and proceeded to the second order of business and the introduction of guests.

    The Clerk presented a communication from the Commissioner of the Division of Motor Vehicles, submitting the annual report of the Motor Vehicle Alcohol Test and Lock Program as required by chapter seventeen-c, article five-a, section three-a of the code of West Virginia.

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

    The Senate proceeded to the third order of business.

    A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of

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

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

    Com. Sub. for House Concurrent Resolution No. 7--Requesting that bridge number 20-64-53.27wb on Interstate 64 in Kanawha County, West Virginia, be named the “Second Lieutenant Theodore Remington Woo Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

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

    House Concurrent Resolution No. 8--Requesting the Division of Highways to designate the interchange of Interstate 77 and U.S. Route 460 in Princeton, West Virginia the “All-American Rod Thorn Interchange”.

    Referred to the Committee on Transportation and Infrastructure.

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

    House Concurrent Resolution No. 15--Requesting that bridge number 42-151-0.01 on Route 151 in the Community of Ellamore in Randolph County, West Virginia, be named the “Technician Fifth Grade Victor A. Osburn Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

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

    House Concurrent Resolution No. 16--Requesting that bridge number 49-20/10-1.12 on Alton Road in French Creek, Upshur County, West Virginia, be named the “Staff Sergeant Cecil Y. Ware Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

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

    House Concurrent Resolution No. 18--Requesting the Division of Highways to name bridge number 22-10-13.01 on WV Route 10 in Ranger, Lincoln County, the “Aster C. Adkins Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

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

    Com. Sub. for House Concurrent Resolution No. 21--Requesting that bridge number 49-30-10.18 in the community of Ten Mile, Upshur County, West Virginia, be named the “Pvt. 1st Class Junior Ellsworth Reed Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

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

    Com. Sub. for House Concurrent Resolution No. 28--Requesting that bridge number 42-219-41.79, on United States Route 219 crossing Leading Creek in Randolph County, West Virginia, be named the “L/CPL David Lee Cosner Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

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

    House Concurrent Resolution No. 35--Requesting the Division of Highways to name County Route 36/1, known as Scites Road, from the intersection with the Branchland Bridge in Branchland, Lincoln County, West Virginia to the intersection of Sheridan Road and Two Mile Road, the “Sergeant Larry W. Kinder Memorial Highway”.

    Referred to the Committee on Transportation and Infrastructure.

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

    House Concurrent Resolution No. 37--Requesting the Division of Highways to name the bridge on WV Route 17 in Ottawa, Boone County, bridge number 3-17-0.53, the “PFC James J. Waters Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

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

    Com. Sub. for House Concurrent Resolution No. 38--Requesting the first half of the Ashford/Nellis Road in Boone County, West Virginia, beginning at the Boone County Line on Route 1 then proceeding southwest on Route 1 and ending at the intersection of Route 3 and Route 1, be named the “Cpl. Robert Lee Fleck and Sgt. Nile Dean Shumate, Vietnam Veterans Highway” with the second half to be named the “Cpl. Dana Edward Nelson and Cpl. James Charles Crose, Vietnam Veterans Highway”.

    Referred to the Committee on Transportation and Infrastructure.

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

    House Concurrent Resolution No. 39--Requesting the Division of Highways to name bridge number 06-101-0.36, commonly known as the 29th Street Overpass Bridge, in Huntington, Cabell County, West Virginia the “PFC Herbert B. Murphy Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

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

    House Concurrent Resolution No. 40--Requesting the CSX overpass bridge on Kanawha Terrace, Kanawha County, West Virginia, specifically bridge number 20-60/14-2.47, be named the “Norbert E. Eagloski Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

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

    House Concurrent Resolution No. 50--Requesting the bridge in Hardy County, West Virginia on Route 28, crossing the South Branch of the Potomac River North of Moorefield, bridge number 16-220-0.22, be named the “Captain John Hanson McNeill CSA Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

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

    House Concurrent Resolution No. 52--Requesting that bridge 50-152-32.48 on State Route 152, in Wayne County, West Virginia, be named the “George William Brumfield Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

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

    House Concurrent Resolution No. 55--Requesting the Division of Highways to name the intersection of King Coal Highway and the Horsepen connector at the head of Ben Creek and Pigeon Creek in Mingo County, West Virginia, as the “Walter R. Akers Memorial Intersection”.

    Referred to the Committee on Transportation and Infrastructure.

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

    House Concurrent Resolution No. 56--Requesting that bridge number 11-17-0.10 on County Route 17 in Gilmer County, West Virginia, be named the “Lucille Stalnaker Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    The Senate proceeded to the fourth order of business.

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

    Your Committee on Military has had under consideration

    Senate Resolution No. 16, Urging Governor appropriate funds for veterans cemetery in southern WV.

    And reports the same back with the recommendation that it be adopted.

                             Respectfully submitted,

                               Erik P. Wells,

                                 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 Stollings, Kessler (Mr. President), Tucker, Foster, Williams and Klempa:

    Senate Bill No. 572--A Bill to amend and reenact §30-7-1 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §30-7-1a; and to amend and reenact §30-7-15a, §30-7-15b and §30-7-15c of said code, all relating to replacing the term “advanced nurse practitioner” with “advanced practice registered nurse”; providing a new definition; making technical corrections; providing a grandfather clause; permitting the West Virginia Board of Examiners for Registered Professional Nurses to set an application fee; and providing rule-making authority.

    Referred to the Committee on Health and Human Resources.

    By Senator Prezioso:

    Senate Bill No. 573--A Bill to repeal §30-27-15 and §30-27-16 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-27-3, §30-27-5, §30-27-6, §30-27-8, §30-27-10, §30-27-11, §30-27-12, §30-27-14, §30-27-20, §30-27-21, §30-27-22 and §30-27-23 of said code, all relating to professions and occupations; Board of Barbers and Cosmetologists; definitions; powers and duties of the board; rulemaking; professional license requirements and renewal; student registration; health certificate requirements; complaints, procedure and disciplinary action; hearing and right of appeal; judicial review; and licensing schools of aesthetics, barbering, cosmetology and manicuring under the West Virginia Higher Education Policy Commission.

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

    By Senators Snyder and Klempa:

    Senate Bill No. 574--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-4B-1, §33-4B-2, §33-4B-3 and §33-4B-4, all relating to requiring certain insurance companies to participate in information data matches with the Bureau for Child Support Enforcement for the purpose of establishing, modifying and enforcing child support, spousal support and medical support; requiring certain insurance companies to pay the Bureau for Child Support Enforcement for past-due child support instead of the insured; requiring medical insurance reporting; defining terms; and providing penalties.

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

    By Senator Foster:

    Senate Bill No. 575--A Bill to repeal §16-5V-22 of the Code of West Virginia, 1931, as amended, relating to the Emergency Medical Services Retirement System, prior disability.

    Referred to the Committee on Pensions.

    By Senators Beach, Edgell and Williams:

    Senate Bill No. 576--A Bill to amend and reenact §18A-2-7 of the Code of West Virginia, 1931, as amended, relating to date changes for notice of transfer or dismissal of school personnel.

    Referred to the Committee on Education.

    By Senators Kessler (Mr. President), Hall, Boley, Edgell and Nohe:

    Senate Bill No. 577--A Bill to amend and reenact §51-2-1 of the Code of West Virginia, 1931, as amended, relating to circuit courts; authorizing an additional circuit court judge for the fifth judicial circuit consisting of Calhoun, Jackson, Mason and Roane counties; and providing that in circuits comprised of four or more counties with more than one judge, no more than two judges may reside in the same county.

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

    By Senators Stollings and Foster:

    Senate Bill No. 578--A Bill to amend and reenact §27-5-11 of the Code of West Virginia, 1931, as amended, relating to modified mental hygiene procedures; deleting the termination date of the modified mental hygiene procedures pilot project; authorizing additional programs throughout the state; and continuing the pilot project as a permanent program.

    Referred to the Committee on the Judiciary.

    By Senators Kessler (Mr. President), Beach, D. Facemire, Palumbo, Helmick, Hall, Foster and Browning:

    Senate Bill No. 579--A Bill to amend and reenact §22-3-11 of the Code of West Virginia, 1931, as amended, relating to the Surface Coal Mining and Reclamation Act; special reclamation tax and funds; and continuing and reimposing the special reclamation tax on clean coal mined at an increased rate.

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

    Senators Wells, McCabe, Foster, Palumbo and Klempa offered the following resolution:

    Senate Concurrent Resolution No. 34--Requesting the Division of Highways to name bridge number 20-64-49.73 on Interstate 64 in Kanawha County, West Virginia, the “Second Lieutenant Theodore Remington Woo Memorial Bridge”.

    Whereas, Second Lieutenant Theodore Remington Woo was born on December 6, 1925 in Charleston and graduated from Charleston High School in 1946; and

    Whereas, Being from a patriotic family, Second Lieutenant Theodore Remington Woo was, like other relatives, such as Grant Woo, Wilson Woo, Benjamin Franklin Woo and George Woo, named after a president or other significant figure in United States history; and

    Whereas, Second Lieutenant Theodore Remington Woo loved West Virginia, spending his youth with his family residing on Summers Street and helping out at the family restaurant, The Canton. He also spent many hours along the Kanawha River and visited his brother George Woo, a former member of the West Virginia House of Delegates, on weekends in South Charleston; and

    Whereas, Second Lieutenant Theodore Remington Woo attended West Virginia University before enlisting in the United States Army and saw combat action with the 93rd Division of the Third Army in France, Germany and Czechoslovakia; and

    Whereas, During his service in Europe, then a Private First Class, Second Lieutenant Theodore Remington Woo received the Bronze Star for "Meritorious Achievement in Ground Operations Against the Enemy in European Theater of Operations"; and

    Whereas, Following his discharge in 1946 Second Lieutenant Theodore Remington Woo reenrolled at West Virginia University and resumed his studies. During his senior year in December 1950, he was recalled to active duty to Fort Knox where he served as an infantry instructor until September 1951; and

    Whereas, On September 27, 1951 Second Lieutenant Theodore Remington Woo arrived in Korea as a Platoon Leader in Company E, 2nd Battalion, 5th Cavalry Regiment (Infantry), 1st Cavalry Division; and

    Whereas, On October 3, 1951 Second Lieutenant Theodore Remington Woo distinguished himself by extraordinary heroism in action at Mago-Ri, near Chorwan, Korea where he gave his life; and

    Whereas, For his heroism on that day Second Lieutenant Theodore Remington Woo was awarded the Distinguished Service Cross Citation. That citation reads, "Lieutenant Woo led his platoon to the company's objective under intense mortar and small-arms fire. In the initial assault, he outdistanced his leading elements and knocked out an enemy bunker. Although wounded in the arm, he left the hill, reorganized the platoon, and again led them to the objective. Before he could organize to hold the captured hill, a powerful enemy counterattack struck the position. Lieutenant Woo was again wounded, the platoon's ammunition was exhausted and its withdrawal became necessary. While he was courageously directing the withdrawal and evacuation of the wounded, he was killed by an enemy mortar shell. Lieutenant Woo's heroic action and unhesitating devotion to duty are in keeping with the best traditions of the military service.”; and

    Whereas, Second Lieutenant Theodore Remington Woo was the first soldier of Chinese descent from West Virginia to die in combat in any war in which the nation has been engaged; and

    Whereas, Second Lieutenant Theodore Remington Woo is buried in Boston, Massachusetts alongside his father Matthew J. Woo, his mother Loo Shee Woo, his brothers George Woo, Henderson Woo, Grant Woo, Wilson Woo, and his sisters, Virginia Woo Dare and Irene Woo; and

    Whereas, In addition to the Bronze Star and Distinguished Service Cross Citation, Second Lieutenant Theodore Remington Woo was also awarded the Purple Heart, the Combat Infantryman's Badge, the Korean Service Medal, the United Nations Service Medal, the National Defense Service Medal, the Korean Presidential Unit Citation and the Republic of Korea War Service Medal; and

    Whereas, In 1963, the 102nd South Korean Army Engineer Battalion, fifteen miles north of Seoul, Korea, changed the name of the South Korea army camp to Camp Woo to honor Second Lieutenant Theodore Remington Woo's distinguished service and extraordinary heroism; and

    Whereas, Second Lieutenant Theodore Remington Woo served his country and his state with extraordinary honor and distinction and having given the ultimate sacrifice; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Division of Highways to name bridge number 20-64-49.73 on Interstate 64 in Kanawha County, West Virginia, the “Second Lieutenant Theodore Remington Woo Memorial Bridge”; and, be it

    Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “Second Lieutenant Theodore Remington Woo Memorial Bridge”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways, and to Second Lieutenant Theodore Remington Woo’s brothers, B. Franklin Woo, Davis Woo and Raymond Woo, his niece Lisa Jane Woo and his nephew Theodore Joseph Woo.

    Which, under the rules, lies over one day.

    Senators Prezioso, Edgell, Stollings, Hall, Laird, Miller, Chafin, Sypolt, Yost, Boley, Helmick, Green, Foster, Williams, Browning and Klempa offered the following resolution:

    Senate Concurrent Resolution No. 35--Requesting the Joint Committee on Government and Finance authorize the study of the distribution of municipal property taxes.

    Whereas, Municipalities are struggling with increasing costs to provide basic and critical emergency services needed to attract and maintain economic development; and

    Whereas, Municipalities are also increasing service fees to continue basic municipal services such as water, sewer, roads, sidewalks, snow removal and trash services; and

    Whereas, The distribution of property taxes in West Virginia is antiquated, inequitable and penalizes municipal citizens; and

    Whereas, Many municipal taxpayers are contributing a larger amount to the unicorporated areas of the state than to their own city; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Joint Committee on Government and Finance to authorize the study of the distribution of municipal property taxes; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2012, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

    Which, under the rules, lies over one day.

    Senators Stollings, Unger, Chafin, Browning and Klempa offered the following resolution:

    Senate Concurrent Resolution No. 36--Requesting the Division of Highways to name bridge number 24-1/2-4.03 on the King Coal Highway crossing Tug Fork on County Road 1/2 in McDowell County near Mohawk, the “Corporal John A. Gero Memorial Bridge”.

    Whereas, John A. Gero was born on August 22, 1947, in Grace Hospital, McDowell County, West Virginia, to Zane Joseph Gero and Mildred Blake Caldwell. He grew up and was educated in Burbank, California and graduated from Burbank High School in the Class of 1967; and

    Whereas, John A. Gero entered the United States Marine Corps on August 16, 1967 and served with the 1st PLT, G. Co, 2nd Battalion, 3rd Marine Division. At the time he was wounded on June 29, 1968 in Quang Tri Province, South Vietnam, a ground casualty of friendly fire, he was a rifleman with the rank of corporal. He was transferred to the hospital ship U.S.S. Sanctuary where he died of multiple head injuries on June 29, 1968. Corporal John A. Gero was awarded the Purple Heart, posthumously, in addition to other campaign ribbons and recognitions. Corporal John A. Gero was survived by his sister, Tricia Gero Blain, and brother, Joe Gero; and

    Whereas, Corporal John A. Gero gave his life in the service of his country, two months short of his twenty-first birthday. It is only fitting and proper that this bridge be named in his honor and that it henceforth stand as a permanent memorial so that Corporal John A. Gero’s supreme sacrifice will never be forgotten; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Division of Highways to name bridge number 24-1/2-4.03 on the King Coal Highway crossing Tug Fork on County Road 1/2 in McDowell County near Mohawk, the “Corporal John A. Gero 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 “Corporal John A. Gero Memorial Bridge”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the surviving family of Corporal John A. Gero.

    Which, under the rules, lies over one day.

    The Senate proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 32, Requesting DOH name portion of Rt. 10 in Lincoln County "Jerry Lee Richards 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. 404, Relating to issuance of barrister's teaching certificate.

    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, Boley, Browning, Chafin, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--32.

    The nays were: None.

    Absent: D. Facemire and Kirkendoll--2.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 404) 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. 409, Substituting community service for jail confinement for certain persons convicted of alcohol-related crimes.

    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, Boley, Browning, Chafin, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--32.

    The nays were: None.

    Absent: D. Facemire and Kirkendoll--2.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 409) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--32.

    The nays were: None.

    Absent: D. Facemire and Kirkendoll--2.

    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. 409) takes effect from passage.

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

    Eng. Com. Sub. for Com. Sub. for Senate Bill No. 418, Relating to qualifications of Parole Board members.

    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, Boley, Browning, Chafin, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--32.

    The nays were: None.

    Absent: D. Facemire and Kirkendoll--2.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 418) passed with its title.

    Senator Unger moved that the bill take effect July 1, 2012.

    On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--32.

    The nays were: None.

    Absent: D. Facemire and Kirkendoll--2.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 418) takes effect July 1, 2012.

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

    Eng. Com. Sub. for Senate Bill No. 484, Relating generally to child welfare.

    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, Boley, Browning, Chafin, Edgell, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--32.

    The nays were: None.

    Absent: D. Facemire and Kirkendoll--2.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 484) passed with its title.

    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.

    Senate Bill No. 156, Allowing Corrections Commissioner use excess funds to offset operational costs.

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

    Senate Bill No. 166, Making disarming or attempting to disarm correctional officer felony.

    On second reading, coming up in regular order, was read a second time.

    The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:

    On page seven, section seventeen, line one hundred fifteen, by striking out the word “article” and inserting in lieu thereof the word “section”.

    The bill (S. B. No. 166), as amended, was then ordered to engrossment and third reading.

    Com. Sub. for Senate Bill No. 186, Providing salary equity supplement payments to teachers and service personnel.

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

    Senate Bill No. 208, Repealing Telecommunications Tax Act.

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

    Senate Bill No. 215, Specifying unobligated moneys in Industrial Access Road Fund revert to State Road Fund.

    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. 321, Authorizing Department of Military Affairs and Public Safety promulgate legislative rules.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 343, Providing volunteer and part-volunteer fire departments' grace period to meet eligibility for certain funds allocation.

    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. 411, Making electronic cash register automated sales suppression devices unlawful.

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

    Senate Bill No. 430, Conforming code provisions to Streamlined Sales and Use Tax Agreement.

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

    Senate Bill No. 461, Conforming election violation statute to federal code.

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

    Eng. Com. Sub. for House Bill No. 4107, Relating to volunteer firefighter training.

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

    Eng. House Bill No. 4291, Relating to county law libraries established by the Supreme Court of Appeals.

    On second reading, coming up in regular order, was read a second time.

    The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:

    On page two, section eight, line thirteen, by striking out the words “continued and”.

    The bill (Eng. H. B. No. 4291), as amended, was then ordered to third reading.

    The Senate proceeded to the tenth order of business.

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

    Senate Bill No. 75, Creating Equine Rescue Facilities Act.

    Com. Sub. for Senate Bill No. 164, Increasing sanctions for certain lawsuits and complaints filed by prisoners.

    Senate Bill No. 214, Clarifying sunrise review requirement for establishment, revision or expansion of professional scope of practice.

    Com. Sub. for Senate Bill No. 245, Authorizing Department of Health and Human Resources promulgate legislative rules.

    Com. Sub. for Senate Bill No. 287, Authorizing Department of Revenue promulgate legislative rules.

    Senate Bill No. 335, Providing electronic payments subject to returned check fees.

    Com. Sub. for Com. Sub. for Senate Bill No. 379, Authorizing Board of Registered Professional Nurses designate certain treatment and recovery programs for licensees.

    Senate Bill No. 390, Relating generally to state revenue funds.

    Com. Sub. for Senate Bill No. 408, Creating criminal offense for intentional defacement of public and private property.

    And,

    Senate Bill No. 500, Allowing IS&C to bill certain spending units for telecommunication services annually.

    On motion of Senator Unger, leaves of absence for the day were granted Senators D. Facemire and Kirkendoll.

    Pending announcement of meetings of standing committees of the Senate, including majority and minority party caucuses,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Tuesday, February 14, 2012, at 11 a.m.

____________