Senate Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

EXTENDED SESSION, 2013

SIXTY-SECOND DAY

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Charleston, W. Va., Monday, April 15, 2013The Senate met at 5 p.m.

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

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

    Pending the reading of the Journal of Sunday, April 14, 2013,

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

    The Senate proceeded to the fourth order of business.

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

    Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 15th day of April, 2013, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:

    (Com. Sub. for S. B. No. 60), Relating to name-change notice publication requirements.

    (Com. Sub. for S. B. No. 71), Requiring descriptions of easements and rights-of-way include width in addition to centerline; exception.

    (Com. Sub. for S. B. No. 80), Including substitute teaching in job duties of certain professional educators employed by county boards.

    (Com. Sub. for S. B. No. 145), Amending election complaint procedures.

    (Com. Sub. for Com. Sub. for S. B. No. 158), Creating Complete Streets Act.

    (S. B. No. 183), Updating terms in Corporation Net Income Tax Act.

    (S. B. No. 383), Authorizing family court judges appoint counsel in certain contempt cases.

    (S. B. No. 412), Relating to county conservation district supervisors.

    (Com. Sub. for S. B. No. 421), Exempting certain school mascot from prohibition of firearms possession on school grounds.

    (Com. Sub. for S. B. No. 430), Defining "employment term" in Teachers' Defined Contribution Retirement System.

    (Com. Sub. for S. B. No. 431), Relating to public employer liability for delinquent retirement contributions.

    (Com. Sub. for Com. Sub. for S. B. No. 448), Increasing number of demonstration dealer plates issued to large commercial vehicle dealers.

    (S. B. No. 458), Permitting PEIA operate Medicare retiree health plan on calendar-year basis.

    (S. B. No. 463), Increasing special license fee paid by pipeline companies to PSC.

    (S. B. No. 496), Finding and declaring certain claims against state.

    (S. B. No. 571), Extending time Oceana City Council can meet as levying body.

     And,

    (Com. Sub. for S. B. No. 638), Terminating certain severance tax exemption for production of natural gas or oil.

                             Respectfully submitted,

                               Donald H. Cookman,

                                 Chair, Senate Committee.

                               Danny Wells,

                                 Chair, House Committee.

    The Senate proceeded to the thirteenth order of business.

    Senator Walters called attention to today being the birthday of the senator from Jackson and on behalf of the Senate extended felicitations and good wishes to Senator Carmichael, with Senator D. Hall leading the members in singing "Happy Birthday".

    Senator Unger then moved that the Senate adjourn until tomorrow, Tuesday, April 16, 2013, at 10 a.m.

    The question being on the adoption of Senator Unger’s aforestated motion, and on this question, Senator Unger demanded the yeas and nays.

    The roll being taken, the yeas were: Blair, Boley, Carmichael, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Walters, Williams, Yost and Kessler (Mr. President)--27.

    The nays were: Barnes, Beach, Cann, Tucker and Wells--5.

    Absent: Chafin and Cole--2.

    So, a majority of those present and voting having voted in the affirmative, the President declared Senator Unger’s motion had prevailed.

    In accordance with the foregoing motion, the Senate adjourned until tomorrow, Tuesday, April 16, 2013, at 10 a.m.

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