Senate Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2013

FORTY-EIGHTH DAY

____________

Charleston, W. Va., Monday, April 1, 2013

    The Senate met at 11 a.m.

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

    Prayer was offered by Pastor Garry Hall, Eccles First Baptist Church, Eccles, West Virginia.

    Pending the reading of the Journal of Friday, March 29, 2013,

    On motion of Senator Tucker, 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 concurrence by that body in the adoption of

    Com. Sub. for Senate Concurrent Resolution No. 8, Requesting DOH name portion of Route 38 in Fayette County "Sizemore Moran Veterans Memorial Road.

    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. 2521--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-7-705a, relating to the West Virginia Contraband Forfeiture Act; revising procedures for administrative forfeiture of certain types of property involved in the trafficking of controlled substances; establishing time frames; and providing for notice.

    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. Com. Sub. for House Bill No. 2563--A Bill to amend and reenact §18-5-18b of the Code of West Virginia, 1931, as amended, relating to percentage of their work time that school counselors must spend in a direct or indirect counseling relationship with at-risk students and other pupils and requiring that their remaining work time be spent on only counseling related administrative and other counseling related duties.

    Referred to the Committee on Education.

    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. 2778--A Bill to amend and reenact §16-9A-2, §16-9A-3, §16-9A-7 and §16-9A-8 of the Code of West Virginia, 1931, as amended, all relating to the usage restrictions for tobacco and tobacco products; defining tobacco products; defining vapor products; including vapor products within the definition of tobacco products; exclusions; prohibiting the sale of vapor products to individuals under eighteen years of age; prohibiting the use and possession of vapor products by an individual under eighteen years of age; including vapor products within the tobacco products for which unannounced inspections may be conducted to ensure compliance with sales restrictions; and restricting the sale of vapor products in vending machines; establishing associated misdemeanor offenses and penalties for prohibited use, sale and possession and related violations.

    Referred to the Committee on Health and Human Resources; and then 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. 2851--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6-9-8a, relating to establishing a one time audit cost amnesty program for local governments with delinquent audit costs.

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

    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. 2923--A Bill to amend and reenact §31A-4-8 of the Code of West Virginia, 1931, as amended, relating to directors of state-chartered banking institutions; and eliminating the residency requirement for a majority of the directors of a state-chartered banking institution.

    At the request of Senator Unger, and by unanimous consent, the message was taken up for immediate consideration and reference of the bill to a committee dispensed with.

    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. 2956--A Bill to amend and reenact §11-16-3 and §11-16-6 of the Code of West Virginia, 1931, as amended, all relating to resident brewers and brewpubs; clarifying and amending applicable definitions; clarifying certain requirements and operations relating to distribution and sales at brewpubs; and allowing for the limited sale of nonintoxicating beer and nonintoxicating craft beer by brewpubs for personal consumption off premises and not for resale.

    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. Com. Sub. for House Bill No. 3003--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-9D-4a, relating generally to facilitating and enforcing compliance with escrow, certification and other requirements imposed on certain tobacco manufacturers that did not participate in the tobacco product manufacturers’ Master Settlement Agreement; imposing bonding requirements on certain nonparticipating tobacco product manufacturers; and providing for forfeiture of bond for noncompliance.

    Referred to the Committee on the Judiciary.

    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. 49--Requesting the Division of Highways to rename the new South Mineral Wells bridge, bridge number 54.14-6.93, over Tygart Creek on County 54, Route 14, near Mineral Wells, Wood County, the “Larry W. Border Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    The Senate proceeded to the fourth order of business.

    Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:

    Your Committee on Transportation and Infrastructure has had under consideration

    Senate Concurrent Resolution No. 18, Requesting DOH name portion of State Route 20 in Wyoming County "David and Janet Lee Memorial Highway".

    And reports back a committee substitute for same as follows:

    Com. Sub. for Senate Concurrent Resolution No. 18 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name a stretch of highway in Wyoming County, West Virginia, on State Route 20, just across the Wyoming County line approximately one mile to just past Ikes Fork Freewill Baptist Church, the “David and Janet Lee Memorial Highway”.

    Whereas, David E. Lee, Sr., was born in Ikes Fork, West Virginia, May 16, 1927, the youngest son of John and Millie Lee. He served in the United States Air Force and was a proud veteran of World War II and the Korean War. He married his beloved wife Janet December 9, 1949, and they shared fifty-three wonderful years together until her death in 2004. After his military service, David utilized the GI Bill and graduated from Marshall College in 1959. After working for the IRS in Chicago, Illinois, David and Janet moved back to West Virginia in 1963 where they remained until their deaths. David began a thirty-year teaching career in 1963 at Coal Mountain School, Huff Consolidated and Baileysville High School where he touched the lives of the many students he taught and coached. He served two terms on the Wyoming County Board of Education after his retirement, continuing to be an advocate for the students and public education. Affectionately known as “Poppy”, David cherished his four sons, David Jr., Dale, Dean and Dante, and his grandchildren, JL, Tiffany, Chelsea, Aaron, Danielle, Jessica, Brittany, Drew and Kendra and his great grandchildren, John David, Katie, Isabella and Colton. David was active in his church and community and was always willing to help his neighbors. Janet Riffe Lee was born September 13, 1933, the daughter of John and Cara Riffe. She owned a restaurant and flower shop until she became a cook in the Wyoming County school system and at the Wyoming County Jail. Known for her great cooking, she served the students with a smile and a special touch of believing in them. She devoted her life to David and her boys as well as her grandchildren. She was active in her church and community and was a compassionate shoulder for those in need. They say “behind every great man is an even greater woman pushing him”. That was never more true than for David and Janet. She was truly the strong force that kept the family together. David passed away on April 16, 2012; and

    Whereas, It is fitting to honor David and Janet Lee by naming a stretch of highway in Wyoming County, West Virginia, on State Route 20, just across the Wyoming County line approximately one mile to just past Ikes Fork Freewill Baptist Church, for David and Janet Lee; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Division of Highways to name a stretch of highway in Wyoming County, West Virginia, on State Route 20, just across the Wyoming County line approximately one mile to just past Ikes Fork Freewill Baptist Church, the “David and Janet Lee Memorial Highway”; and, be it

    Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the stretch of highway as the “David and Janet Lee 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 children and relatives of David and Janet Lee.

    With the recommendation that the committee substitute be adopted.

                             Respectfully submitted,

                               Robert D. Beach,

                                 Chair.

    At the request of Senator Beach, unanimous consent being granted, the resolution (Com. Sub. for S. C. R. No. 18) contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.

    The question being on the adoption of the resolution, the same was put and prevailed.

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

    Thereafter, at the request of Senator Unger, and by unanimous consent, the remarks by Senator Chafin regarding the adoption of Committee Substitute for Senate Concurrent Resolution No. 18 were ordered printed in the Appendix to the Journal.

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

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

    Senators Boley, Barnes, Blair, Carmichael, Cole, M. Hall, Nohe, Sypolt and Walters offered the following resolution:

    Senate Concurrent Resolution No. 36--Requesting the Joint Committee on Government and Finance study the impact of the Common Core State Standards on public education in West Virginia.

    Whereas, The West Virginia Legislature has made student achievement in West Virginia public schools a priority and devoted great time and resources to improving student achievement; and

    Whereas, Educators throughout West Virginia have expressed concern about the potential impact of the Common Core State Standards on public education in West Virginia; and

    Whereas, The West Virginia Legislature and educators throughout the State of West Virginia share the objective of developing and enacting sound educational policies that advance the shared goal of greater student achievement; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Joint Committee on Government and Finance study the impact of the Common Core State Standards on public education in West Virginia; and, be it

    Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study the Common Core State Standards, their impact on public education in West Virginia and the appropriate use of the Common Core State Standards by public schools in West Virginia; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2014, 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.

    At the request of Senator Stollings, unanimous consent being granted, Senators Kessler (Mr. President), Stollings, Yost, Fitzsimmons, Wells, Prezioso, Edgell, Plymale, Laird, McCabe, Kirkendoll, D. Hall, Unger, Snyder, Palumbo and Facemire offered the following resolution from the floor:

    Senate Resolution No. 50--Calling upon Patriot Coal to live up to their obligations to active and retired miners, their families and widows.

    Whereas, The United Mine Workers of America has secured health care and pensions for retired coal miners and widows through decades of collective bargaining; and

    Whereas, The gains made for working miners as a result of collective bargaining are now being threatened through the use of the bankruptcy proceedings; and

    Whereas, Peabody's spin off of Patriot Coal jeopardizes the current collective bargaining agreement for active UMWA members at Patriot operations; and

    Whereas, Peabody's spin off of Patriot Coal jeopardizes retiree pensions and health care via Patriot's bankruptcy action; and

    Whereas, Actions taken by Peabody and Arch to shed themselves of promised health and retirement benefits through corporate schemes could also hurt coal retiree's pensions and health care; and

    Whereas, The loss of promised health care and retirement benefits jeopardizes the health and security of UMWA active, laid off and retired members and their dependants; and

    Whereas, The loss of promised health care and retirement benefits, if not addressed, could push many local communities into a financial crisis; and

    Whereas, All coalfield communities have a significant interest in fighting to maintain retiree pensions and health care for our citizens; therefore, be it

    Resolved by the Senate:

    That the Senate hereby calls upon Patriot Coal to live up to their obligations to active and retired miners, their families and widows; and, be it

    Further Resolved, That the West Virginia Senate pledges the United Mine Workers of America and its membership to join in the fight to protect and maintain mine workers' pensions and health care from assaults by these and other coal operators; and, be it

    Further Resolved, That the West Virginia Senate calls upon Peabody, Arch and Patriot to live up to their obligations to provide coal miners' health care and retirement security; and, be it

    Further Resolved, That the West Virginia Senate calls upon others to assist in preventing these corporations from stripping from active, laid off and retired coal miners their contractually promised lifetime health care benefits.

    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.

    At the request of Senator Cann, unanimous consent being granted, Senators Cann and Facemire offered the following resolution from the floor:

    Senate Resolution No. 51--Recognizing Salem International University on the occasion of its 125th Anniversary.

    Whereas, Salem College received its charter from the State of West Virginia in December 1888, and offered its first term of instruction beginning in April 1889; and

    Whereas, Salem College, now known as Salem International University, sits on one hundred beautiful acres of land nestled in the mountains of West Virginia; and

    Whereas, Salem International University’s mission is to prepare global citizens with broad knowledge, marketable professional skills and the ability to make decisions with integrity and an international perspective; and

    Whereas, Salem International University’s goals are to provide effective educational experiences; design and maintain a unique environment conducive to developing an international citizen; select, support and develop human resources consistent with excellence in leadership, scholarship and work and life skills; and improve student learning, facilitate improvements in teaching and corroborate institutional effectiveness; and

    Whereas, Salem International University's list of alumni include CEOs for national and international companies, professional athletes, business executives, educators and even a state governor; and

    Whereas, Salem International University has a tradition of academic excellence and innovation and is a valuable asset to the State of West Virginia; and

    Whereas, The Senate hereby acknowledges the contributions of Salem International University to the State of West Virginia; therefore, be it

    Resolved by the Senate:

    That the Senate hereby recognizes Salem International University on the occasion of its 125th Anniversary; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the representatives of Salem International University.

    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.

Petitions

    Senator Jenkins presented a petition from Linda West and seventy Ebenezer Medical Outreach, Inc., patients, opposing state budget cuts to Health Right Free Clinics.

    Referred to the Committee on Finance.

    Senator Plymale presented a petition from Jennifer Butler and numerous Kenova residents, requesting a new Kenova Elementary School building.

    Referred to the Committee on Education.

    The Senate proceeded to the eighth order of business.

    Eng. Com. Sub. for Senate Bill No. 21, Creating Health Care Provider Transparency Act.

    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. 21) passed with its title.

    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. 185, Relating to alternative-fuel motor vehicles and qualified refueling infrastructure tax credits.

    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, 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)--33.

    The nays were: Blair--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. 185) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, 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)--33.

    The nays were: Blair--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. 185) takes effect from passage.

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

    Eng. Com. Sub. for Senate Bill No. 191, Relating to increasing maximum aggregate funding to Revenue Shortfall Reserve Fund.

    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, 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)--33.

    The nays were: Carmichael--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 S. B. No. 191) 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, 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)--33.

    The nays were: Carmichael--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 S. B. No. 191) takes effect July 1, 2013.

    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. 250, Authorizing Department of Commerce promulgate legislative rules.

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

    On the passage of the bill, the yeas were: 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. 250) 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. Com. Sub. for S. B. No. 250) takes effect from passage.

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

    Eng. Com. Sub. for Senate Bill No. 270, Authorizing Department of Revenue promulgate legislative rules.

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

    On the passage of the bill, the yeas were: 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. 270) 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. Com. Sub. for S. B. No. 270) takes effect from passage.

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

    Eng. Com. Sub. for Senate Bill No. 281, Authorizing Department of Transportation promulgate legislative rules.

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

    On the passage of the bill, the yeas were: 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. 281) 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. Com. Sub. for S. B. No. 281) takes effect from passage.

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

    Eng. Senate Bill No. 354, Requiring study on alternative revenue sources for funding state roads.

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

    On the passage of the bill, the yeas were: Beach, Cann, Chafin, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Yost and Kessler (Mr. President)--24.

    The nays were: Barnes, Blair, Boley, Carmichael, Cole, M. Hall, Nohe, Sypolt, Walters and Williams--10.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 354) passed with its title.

    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. 369, Relating to concealed handgun license reciprocity.

    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. 369) passed with its title.

    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. 438, Authorizing reorganization of certain community and technical colleges.

    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. 438) 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. Com. Sub. for S. B. No. 438) takes effect from passage.

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

    Eng. Senate Bill No. 460, Exempting certain residents' active duty military pay from state income tax.

    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. S. B. No. 460) passed.

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

    Eng. Senate Bill No. 460--A Bill to amend and reenact §11-21-12e of the Code of West Virginia, 1931, as amended, relating to 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; and providing a limitation.

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

    Eng. Senate Bill No. 462, Extending time for informal conferences on surface mining permit applications.

    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. S. B. No. 462) 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. 467, Revising stocking permit requirements for release of aquatic species into state waters.

    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, Yost and Kessler (Mr. President)--33.

    The nays were: Williams--1.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 467) 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. 470, Permitting wine sale on Sunday mornings at fairs and festivals.

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

    On the passage of the bill, the yeas were: Beach, Blair, Cann, Carmichael, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Palumbo, Prezioso, Snyder, Stollings, Sypolt, Tucker, Walters, Wells, Williams, Yost and Kessler (Mr. President)--27.

    The nays were: Barnes, Boley, Chafin, M. Hall, Nohe, Plymale and Unger--7.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 470) passed.

    The following amendment to the title of the bill, from the Committee on Agriculture and Rural Development, was reported by the Clerk and adopted:

    Eng. Senate Bill No. 470--A Bill to amend and reenact §60-8-3 of the Code of West Virginia, 1931, as amended, relating generally to permitting wineries and farm wineries to sell samples and wine at licensed fairs or festivals on Sunday mornings; and limiting samples to three ounces.

    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. 527, Relating to process of filling vacancies in certain elected offices.

    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. 527) passed with its title.

    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. 533, Modifying definitions of "domestic battery" and "domestic assault".

    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. 533) passed with its title.

    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. 543, Allowing Legislative Auditor establish application review fee schedule.

    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. 543) 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. Com. Sub. for S. B. No. 543) takes effect from passage.

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

    Eng. Senate Bill No. 552, Creating Uniform Real Property Electronic Recording Act.

    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. 552) passed with its title.

    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. 553, Relating to Highway Design-Build Program.

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

    On the passage of the bill, the yeas were: Beach, Boley, Cann, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--30.

    The nays were: Barnes, Blair, Carmichael and Sypolt--4.

    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. 553) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Beach, Boley, Cann, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--30.

    The nays were: Barnes, Blair, Carmichael and Sypolt--4.

    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. 553) takes effect from passage.

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

    Eng. Com. Sub. for Senate Bill No. 557, Continuing Preventive Care Pilot Program.

    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. 557) 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. Com. Sub. for S. B. No. 557) takes effect from passage.

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

    Eng. Com. Sub. for Senate Bill No. 564, Increasing minimum construction cost of municipal public works project before competitive bidding is required.

    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. 564) passed with its title.

    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. 569, Requiring appointment of State Fire Marshal be with advice and consent of Senate.

    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. 569) 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. Com. Sub. for S. B. No. 569) takes effect from passage.

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

    Eng. Com. Sub. for Senate Bill No. 579, Updating code relating to absentee and early in-person voting.

    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. 579) 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. 592, Removing requirement Physicians' Mutual Insurance Company be nonprofit corporation.

    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. S. B. No. 592) 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. 592) takes effect from passage.

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

    Eng. Senate Bill No. 601, Removing requirement certain juvenile proceedings be sealed.

    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. S. B. No. 601) passed with its title.

    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. 604, Expanding definition of "electioneering communication".

    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. 604) 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. 652, Requiring criminal background checks for home inspector applicants.

    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. S. B. No. 652) passed.

    The following amendment to the title of the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:

    Eng. Senate Bill No. 652--A Bill to amend and reenact §29-3-5b of the Code of West Virginia, 1931, as amended, relating to criminal background checks for home inspector license applicants; and providing rule-making authority to the State Fire Commission to require criminal background checks for home inspector license applicants.

    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. 652) takes effect from passage.

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

    Eng. House Bill No. 2487, Prohibiting the use of laetrile.

    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. H. B. No. 2487) passed with its title.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

    Eng. House Bill No. 3013, Authorizing the establishment of job creation work groups.

    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. H. B. No. 3013) passed with its title.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

    The Senate proceeded to the ninth order of business.

    Com. Sub. for Senate Bill No. 22, Requiring maternity services coverage for all health insurance plan dependents.

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

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

    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. 98, Creating Shale Research, Education, Policy and Economic Development Center at WVU.

    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. 103, Creating WV Commuter Rail Access Act.

    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 five, section four, line nineteen, by striking out the word “to” and inserting in lieu thereof the word “by”.

    The bill (Com. Sub. for S. B. No. 103), as amended, was then ordered to engrossment and third reading.

    Senate Bill No. 118, Creating I Support Veterans license plate.

    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. 195, Removing tax rate expiration date on eligible acute care hospitals.

    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. 202, Creating WV Spay Neuter Assistance Program and Fund.

    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. 324, Allowing boards licensing persons engaging in manufacture, distribution or dispensing controlled substances set fees by legislative rule.

    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. 326, Establishing appropriation request process for higher education system.

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

    At the request of Senator Plymale, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.

    Com. Sub. for Senate Bill No. 344, Relating to regional meetings among certain county boards of education officials.

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

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

    Com. Sub. for Senate Bill No. 421, Exempting certain school mascot from prohibition of firearms possession on school grounds.

    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. 433, Creating informal dispute resolution process for DHHR providers or licensees.

    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. 466, Creating Dangerous Wild Animals Act.

    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. 498, Relating to hearing location for Alcohol Beverage Control Administration's appeal hearings.

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

    Senate Bill No. 506, Relating to residency requirement of state-chartered banking institution directors.

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

    On motion of Senator Unger, the bill was recommitted to the Committee on the Judiciary.

    Senate Bill No. 515, Relating to use of television receivers and other devices in vehicles.

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

    Senate Bill No. 561, Establishing Tucker County Cultural District Authority.

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

    Senate Bill No. 582, Implementing terms of Uniform Arbitration Act.

    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. 586, Transferring authority to license cosmetology, barber and massage schools to Council for Community and Technical College Education.

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

    At the request of Senator Stollings, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.

    Com. Sub. for Senate Bill No. 610, Renaming Industrial Home for Youth as Salem Correctional Center; placing Salem and Parkersburg correctional centers under Division of Corrections.

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

    Senate Bill No. 623, Relating to funding for probation officers to address truancy.

    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. 624, Adjusting penalties for willful failure to pay child support.

    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. 630, Relating to Chief Technology Officer's duties with regard to security of government information.

    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. 638, Terminating certain severance tax exemption for production of natural gas or oil.

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

    Eng. House Bill No. 2800, Relating to the Teachers' Retirement System.

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

    Eng. Com. Sub. for House Bill No. 2802, Relating to the Emergency Medical Services Retirement System.

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

    The Senate proceeded to the tenth order of business.

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

    Com. Sub. for Senate Bill No. 117, Creating criminal offense of possession of burglar's tools.

    Com. Sub. for Senate Bill No. 365, Relating to certain criminal conviction expungement.

    And,

    Com. Sub. for Senate Bill No. 594, Establishing Court of Claims procedure for unjust arrest, conviction or imprisonment claims.

    At the request of Senator Plymale, unanimous consent being granted, the Senate returned to the second order of business and the introduction of guests.

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate recessed until 4:30 p.m. today.

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

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Com. Sub. for Senate Bill No. 90 (originating in the Committee on Transportation and Infrastructure), Creating felony offense of DUI causing serious bodily injury.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 90 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §17C-5-2 and §17C-5-2b of the Code of West Virginia, 1931, as amended; and to amend and reenact §17C-5A-1, §17C-5A-2, §17C-5A-3 and §17C-5A-3a of said code, all relating to making it a felony to drive a vehicle while under the influence of alcohol, controlled substance or other drug and cause death or serious bodily injury to another person; eliminating misdemeanor offense of driving a vehicle while under the influence of alcohol, controlled substance or other drug and causing death; amending internal code references; and establishing criminal and administrative penalties.

    With the recommendation that the committee substitute for committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 90) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Senate Bill No. 347, Requiring Public Employees Grievance Board provide training seminars to certain persons.

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

    Com. Sub. for Senate Bill No. 347 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6C-3-2a, relating to requiring the Public Employees Grievance Board, in conjunction with the Division of Personnel, to provide training seminars for chief administrators and persons who conduct level one hearings and conferences under the public employees’ grievance process; stating certain training requirements; requiring chief administrators and persons who conduct level one hearings and conferences to obtain certain training; and permitting a registration fee for the training.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 347) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Senate Bill No. 355, Relating to final wage payment to discharged employees.

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

    Com. Sub. for Senate Bill No. 355 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §21-5-4 of the Code of West Virginia, 1931, as amended, relating to the time final wages are required to be paid to discharged employees; authorizing payment by mail if requested by the employee; providing that employers pay an employee all wages he or she earned at the time of quitting if the employee gives written notice of his or her intention to quit at least one pay period before quitting; defining “business day”; and making other technical changes.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 355) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Com. Sub. for Senate Bill No. 363, Implementing purchasing reforms.

    Now on second reading, having been read a first time and referred to the Committee on Finance on March 27, 2013;

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Com. Sub. for Senate Bill No. 378 (originating in the Committee on the Judiciary), Adjusting population line for calculating certain magistrate and staff salaries.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 378 (originating in the Committee on Finance)--A Bill to amend and reenact §50-1-3, §50-1-8, §50-1-9 and §50-1-9a of the Code of West Virginia, 1931, as amended, all relating to adjusting the population line upon which salaries for magistrates and certain magistrate employees are calculated; providing an effective date; and providing that the adjustments are retroactive to January 1, 2013.

    With the recommendation that the committee substitute for committee substitute do pass.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 378) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.

    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. 403, Relating to judicial retirement system contribution rates.

    With an amendment from the Committee on Pensions pending;

    And reports the same back with the recommendation that it do pass as amended by the Committee on Pensions to which the bill was first referred.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    At the request of Senator Prezioso, unanimous consent being granted, the bill (S. B. No. 403) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Com. Sub. for Senate Bill No. 426 (originating in the Committee on Interstate Cooperation), Relating to filings under Uniform Commercial Code as to secured transactions.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 426 (originating in the Committee on the Judiciary)--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 amending the Uniform Commercial Code as to secured transactions; providing for the effectiveness of filed records; creating additional authority to refuse to accept a record for filing; creating circumstances under which a record filing is false; providing criminal penalties for filing or attempting to file a false record; providing civil penalties for filing or attempting to file a false record; setting forth 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; and clarifying the applicability of provisions to records filed prior to the effective date of this article.

    With the recommendation that the committee substitute for committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 426) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Com. Sub. for Senate Bill No. 437 (originating in the Committee on Agriculture and Rural Development), Regulating commercial dog-breeding operations.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 437 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-20-26, relating to protecting dogs by creating regulations for commercial dog-breeding operations; providing definitions; providing exceptions; allowing commercial breeders to sell dogs only as household pets; requiring a business license if required by the locality; authorizing county commissions to charge a fee to a commercial dog breeder to obtain an annual permit to operate; limiting the amount of the fee; setting forth responsibilities of the commercial dog breeder; setting forth the requirements for maintaining adequate enclosures; providing for inspections; prohibiting a commercial dog breeder to operate if convicted of animal cruelty; providing no exemption for United States Department of Agriculture licensees; and providing criminal penalties or granting an improvement period.

    With the recommendation that the committee substitute for committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 437) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Senate Bill No. 451, Clarifying when carbon monoxide detector is required.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (S. B. No. 451) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Com. Sub. for Senate Bill No. 454 (originating in the Committee on Transportation and Infrastructure), Relating to taxation of alternative motor fuels.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 454 (originating in the Committee on Finance)--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.

    With the recommendation that the committee substitute for committee substitute do pass.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 454) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.

    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. 458, Permitting PEIA health plans to operate on calendar-year basis.

    Senate Bill No. 474, Clarifying when deposits are presumed abandoned for unclaimed property purposes.

    Senate Bill No. 509, Imposing statutory liens on certain fire insurance proceeds.

    And,

    Senate Bill No. 599, Expanding number of hours temporary state personnel may work.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    At the request of Senator Snyder, unanimous consent being granted, the bills (S. B. Nos. 458, 474, 509 and 599) contained in the preceding report from the Committee on Government Organization were each taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Com. Sub. for Senate Bill No. 478, Redefining "video lottery games"; permitting wagering by historic resort hotel employees.

    Now on second reading, having been read a first time and referred to the Committee on Finance on March 27, 2013;

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Com. Sub. for Senate Bill No. 490, Creating Equine Facilities and Care Act.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 490) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Com. Sub. for Senate Bill No. 492, Authorizing "rural resort community" as limited gaming facility.

    And has amended same.

    Now on second reading, having been read a first time and referred to the Committee on Finance on March 28, 2013;

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Com. Sub. for Senate Bill No. 493, Providing standards for converting and retrofitting motor vehicles to alternative fuels.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 493) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Senate Bill No. 504, Relating to cooperative associations.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (S. B. No. 504) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Com. Sub. for Senate Bill No. 521 (originating in the Committee on Transportation and Infrastructure), Creating amnesty program for certain drivers with suspended or revoked licenses.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 521 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §17B-3-3c and §17B-3-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §17B-3-9a, all relating to creating an amnesty program for certain persons with suspended or revoked licenses due to unpaid fines and assessments to allow reinstatement drivers’ licenses; establishing a time period and certain procedures for the amnesty program; creating exceptions to the amnesty period; making certain technical corrections; requiring certain tickets amnestied remain listed as unsatisfied on court records and amounts remain due; requiring certain suspension or revocation time remaining be waived in certain situations; requiring a public awareness campaign regarding the amnesty program; and providing for emergency and standard rule-making authority.

    With the recommendation that the committee substitute for committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 521) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

    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. 580, Relating to practice of dentistry.

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

    Com. Sub. for Senate Bill No. 580 (originating in the Committee on Government Organization)--A Bill to amend and reenact §30-4-13 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-4-13a, all relating to the practice of dentistry; and updating the requirements for dental intern, dental resident and dental teaching permits.

    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. 580) 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.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Senate Bill No. 656, Establishing special study committee to assess problems facing gaming industry.

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

    Com. Sub. for Senate Bill No. 656 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-22A-20, relating to establishing a gaming industry special study committee to assess problems facing the gaming industry in West Virginia.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 656) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

    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. 664 (originating in the Committee on Finance)--A Bill supplementing and amending by decreasing the appropriations of public moneys out of the Treasury in the State Fund, General Revenue, to the Governor’s Office, fund 0101, fiscal year 2013, organization 0100, to the Governor’s Office - Civil Contingent Fund, fund 0105, fiscal year 2013, organization 0100, to the West Virginia Conservation Agency, fund 0132, fiscal year 2013, organization 1400, to the Department of Administration - Office of the Secretary, fund 0186, fiscal year 2013, organization 0201, to the Department of Administration, Division of Finance, fund 0203, fiscal year 2013, organization 0209, to the Department of Administration, Division of General Services, fund 0230, fiscal year 2013, organization 0211, to the Department of Administration, Division of Purchasing, fund 0210, fiscal year 2013, organization 0213, to the Department of Administration, Travel Management, fund 0615, fiscal year 2013, organization 0215, to the Department of Administration, Public Employees Insurance Agency, fund 0200, fiscal year 2013, organization 0225, to the Department of Administration, Real Estate Division, fund 0610, fiscal year 2013, organization 0233, to the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2013, organization 0307, to the Department of Commerce, Division of Natural Resources, fund 0265, fiscal year 2013, organization 0310, to the Department of Education, State Department of Education, fund 0313, fiscal year 2013, organization 0402, to the Department of Education, West Virginia Schools for the Deaf and the Blind, fund 0320, fiscal year 2013, organization 0403, to the Department of Education and the Arts - Office of the Secretary, fund 0294, fiscal year 2013, organization 0431, to the Department of Education and the Arts, Division of Culture and History, fund 0293, fiscal year 2013, organization 0432, to the Department of Education and the Arts, Library Commission, fund 0296, fiscal year 2013, organization 0433, to the Department of Education and the Arts, Educational Broadcasting Authority, fund 0300, fiscal year 2013, organization 0439, to the Department of Environmental Protection, Division of Environmental Protection, fund 0273, fiscal year 2013, organization 0313, to the Department of Health and Human Resources - Office of the Secretary, fund 0400, fiscal year 2013, organization 0501, to the Department of Health and Human Resources, Division of Health - Central Office, fund 0407, fiscal year 2013, organization 0506, to the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2013, organization 0506, to the Department of Health and Human Resources, Human Rights Commission, fund 0416, fiscal year 2013, organization 0510, to the Department of Military Affairs and Public Safety - Office of the Secretary, fund 0430, fiscal year 2013, organization 0601, to the Department of Miliary Affairs and Public Safety, Adjutant General - State Militia, fund 0433, fiscal year 2013, organization 0603, to the Department of Military Affairs and Public Safety, Adjutant General - Military Fund, fund 0605, fiscal year 2013, organization 0603, to the Department of Military Affairs and Public Safety, Division of Homeland Security and Emergency Management, fund 0443, fiscal year 2013, organization 0606, to the Department of Military Affairs and Public Safety, Division of Corrections - Central Office, fund 0446, fiscal year 2013, organization 0608, to the Department of Military Affairs and Public Safety, West Virginia State Police, fund 0453, fiscal year 2013, organization 0612, to the Department of Miliary Affairs and Public Safety, Division of Justice and Community Services, fund 0546, fiscal year 2013, organization 0620, to the Department of Military Affairs and Public Safety, Division of Protective Services, fund 0585, fiscal year 2013, organization 0622, to the Department of Revenue, Office of the Secretary, fund 0465, fiscal year 2013, organization 0701, to the Department of Revenue, Tax Division, fund 0470, fiscal year 2013, organization 0702, to the Department of Revenue, State Budget Office, fund 0595, fiscal year 2013, organization 0703, to the Department of Revenue, West Virginia Office of Tax Appeals, fund 0593, fiscal year 2013, organization 0709, to the Department of Transportation, State Rail Authority, fund 0506, fiscal year 2013, organization 0804, to the Department of Transportation, Division of Public Transit, fund 0510, fiscal year 2013, organization 0805, to the Department of Transportation, Public Port Authority, fund 0581, fiscal year 2013, organization 0806, to the Department of Transportation, Aeronautics Commission, fund 0582, fiscal year 2013, organization 0807, to the Department of Veterans’ Assistance, fund 0456, fiscal year 2013, organization 0613, to the Department of Veterans’ Assistance - Veterans’ Home, fund 0460, fiscal year 2013, organization 0618, and to the West Virginia Council for Community and Technical College Education - Control Account, fund 0596, fiscal year 2013, organization 0420, by supplementing and amending the appropriations for the fiscal year ending June 30, 2013.

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    At the request of Senator Prezioso, unanimous consent being granted, the bill (S. B. No. 664) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Tuesday, April 2, 2013, at 11 a.m.

____________