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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2013

TENTH DAY

____________

Charleston, W. Va., Friday, February 22, 2013

    The Senate met at 11 a.m.

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

    Prayer was offered by Bishop Joe Thomas, Nondenominational Fellowship Pentecostal Ministries, Charleston, West Virginia.

    Pending the reading of the Journal of Thursday, February 21, 2013,

    On motion of Senator Blair, 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 Clerk presented a communication from the Commission on Special Investigations, submitting its annual report as required by chapter four, article five, section two of the code of West Virginia.

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

    The Senate proceeded to the fourth order of business.

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

    Your Committee on Education has had under consideration

    Senate Bill No. 52, Relating to Rural Health Initiative Act.

    And,

    Senate Bill No. 177, Assessing excessive tardiness penalties for certain public school students.

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

                             Respectfully submitted,

                               Robert H. Plymale,

                                 Chair.

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

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

    Your Committee on Health and Human Resources has had under consideration

    Senate Bill No. 101, Relating to nursing home liability.

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

    Com. Sub. for Senate Bill No. 101 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact §16-5C-15 of the Code of West Virginia, 1931, as amended, relating to clarifying that actions brought for damages for injuries suffered in a nursing home are subject to the same liability limitations as other medical professional liability actions.

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

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 101), under the original double committee reference, was then referred to the Committee on the Judiciary.

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

    Your Committee on Health and Human Resources has had under consideration

    Senate Bill No. 108, Creating Unintentional Pharmaceutical Drug Overdose Fatality Review Team.

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

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

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

    The Senate proceeded to the sixth order of business.

    On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:

    By Senators Unger, Kessler (Mr. President), Miller, Williams, Boley, Beach, Snyder, Cann, D. Hall, Jenkins, Yost, Stollings, Plymale, Fitzsimmons, Tucker and Wells:

    Senate Bill No. 345--A Bill to amend and reenact §15-2-3 and §15-2-5 of the Code of West Virginia, 1931, as amended, all relating to maintaining a minimum of eight hundred state troopers by July 1, 2018; and requiring members of the West Virginia State Police to receive a $580 salary increase at the beginning of their first year of service.

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

    By Senators Snyder, Miller, Green, Sypolt, D. Hall and Williams:

    Senate Bill No. 346--A Bill to amend and reenact §30-38-7 and §30-38-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §30-38A-1, §30-38A-2, §30-38A-3, §30-38A-4, §30-38A-5, §30-38A-6, §30-38A-7, §30-38A-8, §30-38A-9, §30-38A-10, §30-38A-11, §30-38A-12, §30-38A-13, §30-38A-14, §30-38A-15 and §30-38A-16, all relating to requiring appraisal management companies to be registered with the West Virginia Real Estate Appraiser Licensing and Certification Board; updating the duties, powers and rule-making authority of the board; unlawful acts; applicable law; definitions; requirements for registration, including written applications, verifications and background checks; requiring surety bonds; duties of appraisal management companies; prohibited acts; disciplinary action; hearing and notice procedures; and civil penalties.

    Referred to the Committee on Government Organization.

    By Senators Snyder, Miller, Green, Sypolt, Unger and Fitzsimmons:

    Senate Bill No. 347--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 to provide training seminars for chief administrators and persons who conduct Level One hearings and conferences under the public employees’ grievance process.

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

    By Senators Yost and Fitzsimmons:

    Senate Bill No. 348--A Bill to amend and reenact §5-22-1 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Fairness in Competitive Bidding Act, specifically to lower the threshold amount, from $500,000 to $100,000, for triggering a low bidder’s duty to submit list of subcontractors on government contracts.

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

    By Senators Cookman, Snyder, Yost, Plymale, McCabe, Fitzsimmons and Wells:

    Senate Bill No. 349--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-2-4, relating to state responsibilities for the protection and care of children; requiring the West Virginia Department of Health and Human Resources, Child Protective Services and the West Virginia Division of Juvenile Services to develop, coordinate and implement the Child and Adolescent Needs and Strengths (CANS) evaluation developed by the Buddin Praed Foundation as the accepted system for outcomes evaluation in the State of West Virginia; requiring the West Virginia Department of Health and Human Resources to adopt certain rules and procedures to require staff members of residential and other out-of-home child care programs to meet qualifications; definitions; and requiring reports to the Governor and Legislature.

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

    By Senators Unger, Fitzsimmons and Beach:

    Senate Bill No. 350--A Bill to amend and reenact §3-3-2a of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-9-9 of said code, all relating to prohibiting electioneering within three hundred feet of the outside entrance to a building housing the polling place during designated hours when early in-person voting is conducted.

    Referred to the Committee on the Judiciary.

    By Senators Unger and Beach:

    Senate Bill No. 351--A Bill to amend and reenact §29-6-27 of the Code of West Virginia, 1931, as amended, relating to donation of sick leave for certain eligible employees.

    Referred to the Committee on Government Organization.

    By Senator Unger:

    Senate Bill No. 352--A Bill to amend and reenact §27-3-1 of the Code of West Virginia, 1931, as amended, relating to mandatory disclosure of a substantial danger of harm to a person by a mental health patient or client.

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

    By Senator Unger:

    Senate Bill No. 353--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-5C-1, §15-5C-2, §15-5C-3 and §15-5C-4, all relating to establishing the First Informer Broadcasters Act; defining terms; permitting broadcasters to develop emergency response plans; permitting broadcasters to train and certify certain personnel to be first informer broadcasters; setting forth what training and certification plans must contain; and requiring, to the extent practicable, government agencies to allow first emergency broadcasters access to emergency areas to repair equipment critical to their emergency broadcasting responsibilities.

    Referred to the Committee on Government Organization.

    By Senators Plymale, Kessler (Mr. President), Cann, Stollings, Fitzsimmons, Tucker and McCabe:

    Senate Bill No. 354--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-2A-8d, relating to directing the Commissioner of Highways to conduct a study on alternative revenue mechanisms for development and maintenance of state roads and highways; making legislative findings and specifying intent; requiring a study and specifying study design; authorizing pilot projects and interagency cooperation; and requiring report and recommendations by certain date.

    Referred to the Committee on Transportation and Infrastructure.

    By Senators Kessler (Mr. President) and M. Hall (By Request of the Executive):

    Senate Bill No. 355--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; and making other technical changes.

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

    By Senators Snyder, Unger, Plymale, Beach and Williams:

    Senate Bill No. 356--A Bill to amend and reenact §15-2-5 and §15-2-7 of the Code of West Virginia, 1931, as amended, all relating to the State Police; increasing the salary of forensic lab employees $10,000 per year; and increasing the salary of general civilian employees $4,000 per year.

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

    By Senators Tucker and Barnes:

    Senate Bill No. 357--A Bill to amend and reenact §7-18-3 of the Code of West Virginia, 1931, as amended, relating to including commercial campsites in the definition of “hotel” for the purposes of the hotel occupancy tax.

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

    Senators Unger, D. Hall, Yost, Fitzsimmons, Beach, Tucker and Williams offered the following resolution:

    Senate Concurrent Resolution No. 7--Designating the Hall Flintlock Model 1819 as the official state firearm.

    Whereas, The United States Constitution gives citizens the right to bear arms in defense of themselves and their country; and

    Whereas, No firearm has been designated as the official state firearm for the State of West Virginia; and

    Whereas, The Hall Flintlock Model 1819 was manufactured in Harpers Ferry by John H. Hall; and

    Whereas, The Hall Flintlock Model 1819 was adopted for use by the United States Army in 1819; and

    Whereas, The Hall Flintlock Model 1819 was the first breech- loading rifle to be adopted by any nation's military; and

    Whereas, The Hall Flintlock Model 1819 was still in use during the United States Civil War; and

    Whereas, The designation of such a state firearm would aid in the promotion of West Virginia history; and

    Whereas, Other states have designated an official state firearm; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Hall Flintlock Model 1819 be designated as the official state firearm; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Governor and the schools of this state.

    Which, under the rules, lies over one day.

    The Senate proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 6, Requesting DOH name bridge in Wayne County "Wayne County Veterans Memorial Bridge".

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

    The Senate proceeded to the ninth order of business.

    Com. Sub. for Senate Bill No. 71, Requiring descriptions of easements and rights-of-way include width in addition to centerline; exception.

    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. 145, Amending election complaint procedures.

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

    The Senate proceeded to the tenth order of business.

    Com. Sub. for Senate Bill No. 60, Relating to name-change notice publication requirements.

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

    Com. Sub. for Senate Bill No. 76, Permitting certain voters who have moved to vote for President and Vice President.

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

    Senate Bill No. 82, Requiring rate-paying residential customer on public service board.

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

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

    On motion of Senator Unger, the Senate adjourned until Monday, February 25, 2013, at 1 p.m.

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