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Senate Journal



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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2014

FIFTEENTH DAY

____________

Charleston, W. Va., Wednesday, January 22, 2014

    The Senate met at 11 a.m.

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

    Prayer was offered by the Reverend Jeffrey S. Allen, Executive Director, West Virginia Council of Churches, Charleston, West Virginia.

    Pending the reading of the Journal of Tuesday, January 21, 2014,

    On motion of Senator Carmichael 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 passage by that body and requested the concurrence of the Senate in the passage of

    Eng. House Bill No. 4135--A Bill to amend and reenact §2-2-1a of the Code of West Virginia, 1931, as amended, relating to designating the first Thursday in May the West Virginia Day of Prayer.

    Referred to the Committee on the Judiciary.

    The Senate 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. 12, Relating to expedited partner therapy treatment.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    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. 117, Authorizing Board of Pharmacy promulgate legislative rule relating to controlled substances monitoring.

    And,

    Senate Bill No. 155, Authorizing DHHR promulgate legislative rule relating to child care centers' licensing.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

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

    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. 156, Authorizing Fire Commission promulgate legislative rule relating to State Fire Code.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

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

    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. 208, Relating to Rural Health Initiative Act.

    And has amended same.

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

                             Respectfully submitted,

                               Robert H. Plymale,

                                 Chair.

    At the request of Senator Prezioso, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Education.

    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. 209, Allowing special needs students to participate in graduation ceremonies.

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

                             Respectfully submitted,

                               Robert H. Plymale,

                                 Chair.

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

    Your Committee on Military has had under consideration

    Senate Bill No. 315, Allowing Military Authority to receive funds from special revenue accounts.

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

    Com. Sub. for Senate Bill No. 315 (originating in the Committee on Military)--A Bill to amend and reenact §15-1J-3 and §15-1J-4 of the Code of West Virginia, 1931, as amended, all relating to authorizing the West Virginia Military Authority to administer national security, homeland security and other military-related or -sponsored programs; redefining “employee”; expanding with whom the authority may contract to include any state, territory or the District of Columbia; and authorizing the authority to accept and use funds from the federal government, any state and other specified entities for the purposes of national security, homeland security and other military-related or -sponsored programs.

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

                             Respectfully submitted,

                               Erik P. Wells,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 315), under the original double committee reference, was then referred to the Committee on Finance.

    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. 316, Relating to tolling with regard to civil actions.

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

    Com. Sub. for Senate Bill No. 316 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §55-2-21 of the Code of West Virginia, 1931, as amended, relating to tolling the statute of limitations in certain cases; limiting the circumstances within which the statute of limitations is tolled for the institution of third-party complaints associated with pending civil actions; and clarifying that this section does not limit the doctrine of equitable tolling or the discovery rule.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

    Your Committee on Health and Human Resources has had under consideration

    Senate Bill No. 318, Setting fees for manufacture, distribution, dispensing and research of controlled substances.

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

    Com. Sub. for Senate Bill No. 318 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact §60A-3-301 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §60A-3-301a, all relating to setting registration fees for the manufacture, distribution, dispensing and conducting research of controlled substances; and providing certain boards with rule-making authority.

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

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 318), under the original double committee reference, was then referred to the Committee on Finance.

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

    Your Committee on Military has had under consideration

    Senate Bill No. 323, Relating to professional board licensure requirements for military and spouses.

    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,

                               Erik P. Wells,

                                 Chair.

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

    Senator Yost, from the Committee on Labor, submitted the following report, which was received:

    Your Committee on Labor has had under consideration

    Senate Bill No. 354, Requiring Workforce Investment Council provide local boards information about certain male-dominated jobs.

    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,

                               Jack Yost,

                                 Chair.

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

    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. 359, Removing hand canvassing requirements of electronic voting machines.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    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. 365, Excepting certain Ethics Acts provisions for elected Conservation District Supervisors.

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

    Com. Sub. for Senate Bill No. 365 (originating in the Committee on Government Organization)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6B-2-5c; and to amend said code by adding thereto a new section, designated §61-10-15a, all relating to elected Conservation District Supervisors; exempting elected Conservation District Supervisors who participate in West Virginia Conservation Agency programs from certain provisions of the West Virginia Ethics Act and pecuniary interest requirements.

    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,

                               Herb Snyder,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 365), under the original double committee reference, was then referred to the Committee on the Judiciary.

    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 Bill No. 372, Permitting certain auxiliary lighting on motorcycles.

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

                             Respectfully submitted,

                               Robert D. Beach,

                                 Chair.

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

    Senator Yost, from the Committee on Labor, submitted the following report, which was received:

    Your Committee on Labor has had under consideration

    Senate Bill No. 376, Requiring certain construction workers complete OSHA safety program.

    And has amended same.

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

                             Respectfully submitted,

                               Jack Yost,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Labor pending.

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

    Your Committee on Health and Human Resources has had under consideration

    Senate Bill No. 381, Requiring CPR instruction in public schools.

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

    Com. Sub. for Senate Bill No. 381 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact §18-2-9 of the Code of West Virginia, 1931, as amended, relating to required course of instruction in all public schools in West Virginia; and requiring instruction in cardiopulmonary resuscitation and the Heimlich maneuver.

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

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 381), under the original double committee reference, was then referred to the Committee on Education.

    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. 386, Revising laws relating to DHHR and Bureau of Medical Services.

    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.

    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. 4, Requesting DOH name new bridge crossing West Fork of Monongahela River at Shinnston "Veterans Memorial Bridge".

    And,

    Senate Concurrent Resolution No. 5, Requesting DOH name bridge in Kanawha County "Army PFC William Floyd Harrison Memorial Bridge".

    And reports the same back with the recommendation that they each be adopted.

                             Respectfully submitted,

                               Robert D. Beach,

                                 Chair.

    At the request of Senator Beach, unanimous consent being granted, the resolutions (S. C. R. Nos. 4 and 5) contained in the preceding report from the Committee on Transportation and Infrastructure were taken up for immediate consideration.

    The question being on the adoption of the resolutions, 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.

    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 Cookman and Plymale:

    Senate Bill No. 401--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, Youth Services and the West Virginia Division of Juvenile Services to develop, coordinate and implement a standardized comprehensive universal assessment that will assess the needs and strengths of children as well as their caregivers 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; requiring reports to the Governor and Legislature; requiring this comprehensive assessment tool to be a free copyrighted instrument that has acceptable proven reliability and validity, national creditability and proven demonstration for using the assessed needs and strengths of children and families to guide decisionmaking at the individual child and family level, agency level and system level; and requiring it to be an acceptable total clinical outcome measurement system tool that lends itself to evaluation as well as be respectful to and accepted by children and families, be reliable at the item level, be customizable at the state and/or program level, be free, be easy to train and use as well as work as a communication tool across child serving systems.

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

    By Senators Prezioso, Edgell and Plymale:

    Senate Bill No. 402--A Bill to amend and reenact §11-10-5n of the Code of West Virginia, 1931, as amended, relating to recovery of service charges and fees charged to the Tax Commissioner by financial institutions relating to all permitted forms of payment returned or not duly paid; and authorizing rulemaking.

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

    By Senators Laird, Barnes, Edgell, Facemire, Prezioso, Snyder, Unger, Miller and Beach:

    Senate Bill No. 403--A Bill to amend and reenact §20-2-64 of the Code of West Virginia, 1931, as amended, relating to regulating the importation and possession of certain injurious aquatic species.

    Referred to the Committee on Natural Resources.

    By Senators Laird, Barnes, Edgell, Facemire, Prezioso, Snyder, Unger, Yost, Miller, Plymale, Beach and Wells:

    Senate Bill No. 404--A Bill to amend and reenact §20-2-28 of the Code of West Virginia, 1931, as amended, relating to allowing limited reciprocal use of hunting and fishing licenses with the Commonwealth of Kentucky.

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

    By Senators Cookman, Miller and Plymale:

    Senate Bill No. 405--A Bill to amend and reenact §52-1-9 of the Code of West Virginia, 1931, as amended, relating to availability of jury qualification forms; and limiting availability after conclusion of trial.

    Referred to the Committee on the Judiciary.

    By Senators Plymale and Jenkins:

    Senate Bill No. 406--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-30-1, §5-30-2, §5-30-3, §5-30-4 and §5-30-5, all relating to state recognition of Native American tribes; defining terms; recognizing certain tribes by the state; establishing criteria for state recognition of additional tribes; authorizing unique trademarks for certain arts and crafts; prohibiting gambling; and providing penalty for unauthorized use of trademark.

    Referred to the Committee on the Judiciary.

    By Senator Tucker:

    Senate Bill No. 407--A Bill to amend and reenact §33-37-2 of the Code of West Virginia, 1931, as amended, relating to licensure of managing general agents of insurers; removing unnecessary language; providing for retroactive renewal of lapsed licenses; establishing license application and renewal fees; extending period of some initial licenses; and clarifying that the appointment of the Secretary of State to receive process applies to administrative actions and actions involving license applications.

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

    By Senator Plymale:

    Senate Bill No. 408--A Bill to amend and reenact §62-12-13 of the Code of West Virginia, 1931, as amended, relating to powers and duties of the Parole Board; eligibility for parole; and the procedure for granting parole.

    Referred to the Committee on the Judiciary.

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

    Senate Bill No. 409--A Bill to amend and reenact §18-2E-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §18-9A-7 of said code; to amend said code by adding thereto two new sections, designated §18A-3-1e and §18A-3-1f; to amend and reenact §18A-3-2a of said code; and to amend and reenact §18B-1D-4 of said code, all relating to education reform; modifying time frame for county and school strategic plans; aligning the school system and school accreditation; alternative teaching certificates; adding to the duties of the Higher Education Policy Commission and the Council for Community and Technical College Education; creating a more seamless transfer process; and making it easier for students to finish a Bachelor’s Degree program when transferring credit.

    Referred to the Committee on Education.

    By Senators Unger, Miller, Beach and McCabe:

    Senate Bill No. 410--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-36, relating to the State Board of Education; screening for dyslexia and other reading disabilities; and providing for assessment and intervention.

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

    By Senators Yost, Miller, Cookman, Kessler (Mr. President), Beach and Cann:

    Senate Bill No. 411--A Bill to amend and reenact §21-5C-1 and §21-5C-2 of the Code of West Virginia, 1931, as amended, all relating to raising the minimum wage and indexing it to inflation; and removing language exempting certain employers covered by federal minimum wage from definition of “employer” for state minimum wage purposes.

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

    By Senators Unger, Yost, Miller and McCabe:

    Senate Bill No. 412--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-36, relating to the State Board of Education; and requiring the board to define “dyslexia” consistent with International Dyslexia Association’s definition to effectuate special education programs and services.

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

    By Senators Unger, Miller and McCabe:

    Senate Bill No. 413--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-36, relating to the State Board of Education; the professional development opportunities for dyslexia and other reading disabilities; and requiring certain school personnel annually complete two hours of such training.

    Referred to the Committee on Education.

    By Senators Prezioso, Edgell and Plymale:

    Senate Bill No. 414--A Bill to amend and reenact §11-11-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §44-1-14 of said code, all relating to eliminating the filing of nonprobate inventory with the Tax Commissioner for decedents dying on and after July 1, 2014; providing the filing of a nonprobate inventory with the clerk of the county commission or fiduciary representative only; providing criminal offenses and penalties for failure to comply; and specifying effective dates.

    Referred to the Committee on the Judiciary.

    By Senators Wells, McCabe and Palumbo:

    Senate Bill No. 415--A Bill to amend and reenact §7-5-16 of the Code of West Virginia, 1931, as amended, relating to the preparation and publication of county financial statements; and changing the due date of a certain tax report to October 15 of each fiscal year.

    Referred to the Committee on Government Organization.

    By Senators Prezioso and Edgell:

    Senate Bill No. 416--A Bill to amend and reenact §11-6K-4 and §11-6K-5 of the Code of West Virginia, 1931, as amended, all relating to tentative appraisals of natural resources property by the Tax Commissioner for ad valorem property tax purposes; clarifying that notice requirements apply to all oil and natural gas property in production and reserve; and clarifying that informal review procedures do not apply to oil or natural gas property in production and reserve.

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

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

    Senate Bill No. 417--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-30-1, §22-30-2, §22-30-3, §22-30-4, §22-30-5, §22-30-6, §22-30-7, §22-30-8, §22-30-9, §22-30-10, §22-30-11, §22-30-12, §22-30-13, §22-30-14, §22-30-15, §22-30-16, §22-30-17, §22-30-18, §22-30-19, §22-30-20, §22-30-21, §22-30-22, §22-30-23, §22-30-24, §22-30-25, §22-30-26, §22-30-27 and §22-30-28, all relating to the protection of source water supplies and systems generally through regulation of industrial aboveground storage tanks; short title; applicability; legislative findings and purposes; defining terms; authorizing a source water protection program; requiring public water systems to remit an annual fee and submit a source water protection plan for joint approval by the Secretary of the Department of Environmental Protection and the Secretary of the Department of Health and Human Resources every three years; permitting the Secretary of the Department of Environmental Protection to request studies from public water systems regarding potential contaminant sources; providing emergency and legislative rule-making authority to the secretary to adopt and implement an industrial aboveground storage tank program; setting forth powers and duties of the secretary to implement an industrial aboveground storage tank program; setting forth notification requirements for owners and operators of industrial aboveground storage tanks; providing emergency and legislative rule-making authority; setting forth registration requirements, including an annual registration fee, for industrial aboveground storage tanks; prohibiting the operation or use of an unregistered industrial aboveground storage tank; prohibiting the delivery or deposit of regulated material into an unregistered industrial aboveground storage tank; requiring annual inspection and certification by a registered professional engineer of minimum safety standards for industrial aboveground storage tanks, associated equipment, leak detection systems and secondary containment structures; providing rule-making authority to ensure financial responsibility for corrective action for releases of regulated material from industrial aboveground storage tanks; providing rule-making authority for performance standards for new and existing industrial aboveground storage tanks; authorizing the secretary to ensure corrective action be taken regarding a release or threatened release of regulated material from an industrial aboveground storage tank; permitting the secretary to use funds from the Leaking Industrial Aboveground Storage Tank Response Fund to pay for the costs of corrective action to prevent contamination of a source water supply; requiring written notice from the secretary to a responsible party regarding liability for reimbursement to the Leaking Industrial Aboveground Storage Tank Response Fund; requiring spill prevention response plans for each industrial aboveground storage tank to be submitted for approval by the secretary; requiring owners or operators of industrial aboveground storage tanks to provide public notice to certain public water systems, the local municipality and the local county regarding regulated material; requiring signage on industrial aboveground storage tanks; providing rule-making authority; creating a special revenue fund entitled the Industrial Aboveground Storage Tank Administrative Fund and authorizing the secretary to collect an annual registration fee for deposit into this fund; creating a special revenue fund entitled the Leaking Industrial Aboveground Storage Tank Response Fund and authorizing the secretary to collect an annual fee for deposit into this fund; authorizing expenditures from the funds; providing public access to information collected under this article pursuant to the Freedom of Information Act; permitting the secretary to require the owners or operators of industrial aboveground storage tanks to furnish information, conduct reasonable monitoring or testing and allow access to records to facilitate implementation of the provisions of this article; permitting the secretary to issue orders to enforce this article, including temporary and permanent injunctions; providing for civil and criminal penalties; providing for appeals to the Environmental Quality Board; prohibiting duplicative enforcement; requiring the secretary to report to the Legislature every three years on the effectiveness of this article and annually on the accounting of the funds; requiring interagency coordination; permitting the secretary to bring a civil action against an owner or operator of an industrial aboveground storage tank upon receipt of evidence of imminent and substantial endangerment to human health or the environment; providing for immediate notice to appropriate state and local agencies and public water systems; and severability.

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

    Senators Laird, Kessler (Mr. President), Palumbo, Unger and Plymale offered the following resolution:

    Senate Concurrent Resolution No. 12--Requesting the Joint Committee on Government and Finance authorize a study of the funding sources currently in place for law-enforcement training and certification programs within the state, the status of those funding sources and whether additional funding is necessary to ensure the continued training and certification of West Virginia law-enforcement officers.

    Whereas, In 1981 the Legislature enacted West Virginia Code §30-29-4, which created a special revenue account known as the Law- Enforcement Professional Standards (LEPS) Fund, which consisted of a two-dollar fee added to court costs in all criminal proceedings and a two-dollar fee added to the amount of any cash or property bond posted to be deposited into the LEPS Fund upon forfeiture of the bond. The revenue source for the LEPS Fund has not been adjusted for inflation or amended in any way since 1981; and

    Whereas, Individual law-enforcement entities are currently charged $1,500 for the entry-level training program required to gain initial certification as a West Virginia law-enforcement officer to help pay for the training. The demands on law- enforcement officers have changed significantly since 1981 due to changes in, among other things, technology and national security. The changing law-enforcement world has created a need for more specified training focusing on, among other things, homeland security and computer crimes; and

    Whereas, Funds for the traditional law-enforcement training and certification are expended at a greater rate than funds are being deposited into the LEPS Fund. The LEPS Fund previously needed an emergency deposit of funds from a legal settlement in order to continue the law-enforcement training and certification program. Without any changes to the revenue sources, the State of West Virginia will be unable to pay for the law-enforcement training and certification program in Fiscal Year 2016-2017; and

    Whereas, The current funding mechanism for the LEPS Fund does not fully meet the expenses of the current entry-level training and certification program and does not allow for any expenses toward the ongoing professional development and training of officers over their careers. A direct budget allotment may provide the necessary financial stability for the LEPS Fund and allow for elimination of fees, all while providing for a comprehensive and effective law- enforcement training and certification program for new and experienced officers; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to authorize a study of the funding sources currently in place for law-enforcement training and certification programs within the state, the status of those funding sources and whether additional funding is necessary to ensure the continued training and certification of West Virginia law-enforcement officers; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2015, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

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

    Which, under the rules, lies over one day.

    Senators Cann, Prezioso and Beach offered the following resolution:

    Senate Concurrent Resolution No. 13--Requesting the Division of Highways to name the new bridge on Route 58, bridge number 17-58-238, in Anmoore, West Virginia, the “PFC Nick Cavallaro Memorial Bridge”.

    Whereas, Nick Cavallaro was born in Caulonia, Reggio Calabria, Italy, in 1920, and came to the United States in August, 1922, with his brother Celestino (Charley) and mother Maria Rosa Strangio Cavallaro and settled in Anmoore, West Virginia; and

    Whereas, When World War II broke out, Nick Cavallaro, having become an American citizen by then, immediately enlisted in the United States Army and was assigned to the 82nd Airborne; and

    Whereas, Nick Cavallaro participated in battles in North Africa and Sicily, Italy, and was one of the thousands of paratroopers dropped behind German lines the night before the invasion of Normandy, France; and

    Whereas, Nick Cavallaro was scheduled to come home on leave when the Battle of the Bulge broke out and his leave was canceled; and

    Whereas, Sadly, Nick Cavallaro lost his life in battle at Fosse, Belgium, on January 3, 1945, leaving behind his mother, brother, sister Louise and a host of other family and friends; and

    Whereas, Nick Cavallaro was an Italian immigrant and a citizen of Anmoore, West Virginia, and the United States and made the ultimate sacrifice for his adopted hometown and country; and

    Whereas, It is fitting to recognize the service and sacrifice of Nick Cavallaro by naming this bridge in his honor as an everlasting tribute to his memory; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name the new bridge on Route 58, bridge number 17-58-238, in Anmoore, West Virginia, the “PFC Nick Cavallaro Memorial Bridge”; and, be it

    Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “PFC Nick Cavallaro Memorial Bridge”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways.

    Which, under the rules, lies over one day.

    Senators Fitzsimmons, Kessler (Mr. President), Unger, Cookman, Stollings, Yost, Miller, Plymale, Jenkins, Prezioso, Beach, Cann and McCabe offered the following resolution:

    Senate Resolution No. 8--Designating January 22, 2014, as “West Virginia Kids at Risk Day” at the Legislature.

    Whereas, The State of West Virginia and the West Virginia Child Care Association (WVCCA) have some of the best child welfare professionals and agencies in the country; and

    Whereas, These child welfare professionals and agencies have dedicated their time to making life better for West Virginia’s children who are at risk; and

    Whereas, These West Virginia professionals and agencies have a compassion that never ends, a hope for a better tomorrow and a dedication to their efforts through the long haul; and

    Whereas, These West Virginia professionals and agencies work with West Virginia’s child welfare stakeholders to eliminate policy barriers and day-to-day practices that reduce the effective utilization of in-state resources; and

    Whereas, Our state’s child welfare professionals and agencies do everything possible to provide opportunities for West Virginia’s kids at risk to receive care in West Virginia, where they can remain in their communities, with their families, and connected to their support systems; and

    Whereas, These professionals and agencies are regulated by the State of West Virginia through legislation and by oversight of the West Virginia Department of Health and Human Resources and the Department of Education; and

    Whereas, Our state’s stringent licensing requirements and standards of care ensure that children at risk in West Virginia are receiving the best quality of care; and

    Whereas, By using West Virginia child welfare professionals and agencies our state is doing what is best for West Virginia’s kids at risk and their families; and

    Whereas, These West Virginia child care professionals and agencies advocate for, and deliver services and support to provide for the safety, well-being and opportunity for, kids at risk to achieve their hopes and dreams; and

    Whereas, These professionals and agencies provide family driven, youth-guided, culturally competent and trauma-informed care for the citizens of West Virginia; and

    Whereas, The West Virginia professionals, who care for the at- risk children in our state and the organizations that exist to impact the lives of these children and their families, provide quality care in the kids’ and families’ communities; and

    Whereas, This quality care is provided in a variety of settings, including community agencies, hospitals, residential facilities, foster families, emergency shelters and community and educational institutions, and seeks to provide resources and guidance that promotes the safety, well being and permanency of West Virginia’s at-risk kids; and

    Whereas, West Virginia’s child welfare providers dedicate themselves to excellence in their profession through licensing, advocacy, education and professional development; and

    Whereas, The West Virginia Senate recognizes and appreciates the outstanding dedication, devotion and care of West Virginia’s child welfare professionals and agencies, and of the West Virginia Child Care Association, all for their caring and commitment and for making a difference in the lives of at-risk children in the State of West Virginia, their families and communities; therefore, be it

    Resolved by the Senate:

    That the Senate hereby designates January 22, 2014, as “West Virginia Kids at Risk Day” at the Legislature; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to all appropriate officials, including those representing the West Virginia Child Care Association.

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

    Thereafter, at the request of Senator Unger, and by unanimous consent, the remarks by Senator Fitzsimmons regarding the adoption of Senate Resolution No. 8 were ordered printed in the Appendix to the Journal.

    The Senate proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 10, Requesting DOH name bridge crossing Island Creek in Switzer, Logan County, "James Melvin 'Pete' Spradlin Memorial Bridge".

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

    Senate Concurrent Resolution No. 11, Requesting DOH name bridge on County Rt. 110/20 in Logan "Army Major Thomas McElwain 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 eighth order of business.

    Eng. Senate Bill No. 3, Creating Uniform Real Property Transfer on Death 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, Fitzsimmons, Green, M. Hall, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--31.

    The nays were: None.

    Absent: Facemire, D. Hall and Jenkins--3.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 3) 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. 29, Clarifying requirements for certain motor vehicle searches.

    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, Fitzsimmons, Green, M. Hall, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--31.

    The nays were: None.

    Absent: Facemire, D. Hall and Jenkins--3.

    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. 29) 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, Fitzsimmons, Green, M. Hall, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--31.

    The nays were: None.

    Absent: Facemire, D. Hall and Jenkins--3.

    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. 29) 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. 346, Making supplementary appropriation from Lottery Net Profits to DNR and Bureau of Senior Services.

    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, Fitzsimmons, Green, M. Hall, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--31.

    The nays were: None.

    Absent: Facemire, D. Hall and Jenkins--3.

    So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 346) 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, Fitzsimmons, Green, M. Hall, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--31.

    The nays were: None.

    Absent: Facemire, D. Hall and Jenkins--3.

    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. 346) takes effect from passage.

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

    The Senate proceeded to the tenth order of business.

    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. 58, Relating to basis for voidable marriages and annulments.

    Com. Sub. for Senate Bill No. 310, Adjusting penalties for willful failure to pay child support.

    And,

    Senate Bill No. 350, Requiring Agriculture Commissioner propose legislative rules for Rural Rehabilitation Loan Program.

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

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Thursday, January 23, 2014, at 11 a.m.

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