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Senate Journal


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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2013

TWENTY-FOURTH DAY

____________

Charleston, W. Va., Friday, March 8, 2013

    The Senate met at 11 a.m.

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

    Prayer was offered by the Reverend Tom Bias, Van United Methodist Church, Van, West Virginia.

    Mountaineer ChalleNGe Academy Cadets from Kingwood, West Virginia, proceeded in the posting of the Colors. The Honorable John R. Unger II, a senator from the sixteenth district, then led the Senate in the recitation of the Pledge of Allegiance.

    Pending the reading of the Journal of Thursday, March 7, 2013,

    On motion of Senator Edgell, 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 fourth order of business.

    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. 21, Creating Health Care Provider Transparency Act.

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

    Com. Sub. for Senate Bill No. 21 (originating in the Committee on Health and Human Resources)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-1C-1, §16-1C-2, §16-1C-3, §16-1C-4, §16-1C-5, §16-1C-6 and §16-1C-7, all relating generally to requiring health care providers to wear identification badges; setting forth legislative findings and purpose; providing definitions; establishing identification badge requirement; setting forth exemptions; addressing enforcement; providing for applicability; and granting 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 Government Organization.

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 21), 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. 200, Relating to Eyewitness Identification Act.

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

    Com. Sub. for Senate Bill No. 200 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §62-1E-1, §62-1E-2 and §62-1E-3 of the Code of West Virginia, 1931, as amended, all relating to eyewitness identification, lineups and showups; defining terms and updating definitions; establishing certain recommended procedures before a lineup or showup; setting forth additional instructions to be given prior to a lineup or showup; expanding eyewitness identification procedures; recommending all lineups to be conducted in a sequential and blind manner; expressing a legislative preference for lineups over showups; prohibiting photographic showups; eliminating a task force that is no longer active; and requiring each law-enforcement agency performing lineups or showups to create specific procedures for conducting lineups and showups.

    And,

    Senate Bill No. 372, Creating criminal offense for interfering with emergency service call.

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

    Com. Sub. for Senate Bill No. 372 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §61-5-17 of the Code of West Virginia, 1931, as amended, relating to creating a criminal offense for interfering with or preventing a person from calling for assistance of emergency service personnel; and establishing penalties.

    With the recommendation that the two committee substitutes 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. 201, Permitting expedited partner therapy.

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

    Com. Sub. for Senate Bill No. 201 (originating in the Committee on Health and Human Resources)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-4F-1, §16-4F-2, §16-4F-3, §16-4F-4 and §16-4F-5; to amend and reenact §30-3-14 and §30-3-16 of said code; to amend and reenact §30-5-3 of said code; to amend and reenact §30-7-15a of said code; to amend and reenact §30-14-11 of said code; and to amend and reenact §30-14A-1 of said code, all relating to treatment for a sexually transmitted disease; defining terms; permitting prescribing of antibiotics to sexual partners of a patient without a prior examination of the partner; requiring patient counseling; establishing counseling criteria; requiring information materials be prepared by the Department of Health and Human Resources; providing limited liability for providing expedited partnership therapy; requiring legislative rules regarding what is considered a sexually transmitted disease; and providing that physicians, physician assistants, pharmacists and advanced nurse practitioners are not subject to disciplinary action for providing treatment in an expedited partnership setting.

    And,

    Senate Bill No. 428, Relating to costs for HIV or STD testing by Bureau for Public Health.

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

    Com. Sub. for Senate Bill No. 428 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact §16-3C-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §16-4-19 of said code, all relating generally to testing for HIV and sexually transmitted diseases; removing limitations on billing patients for HIV and sexually transmitted disease testing done by state or local public health agencies; and clarifying the provisions relating to performing HIV or STD tests on persons accused of a sexual offense.

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

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

    The bills (Com. Sub. for S. B. Nos. 201 and 428), under the original double committee references, were 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. 306, Authorizing Board of Examiners for Registered Professional Nurses promulgate legislative rule relating to announcement of advanced practice.

    Senate Bill No. 307, Authorizing Board of Examiners for Registered Professional Nurses promulgate legislative rule relating to limited prescriptive authority for nurses in advanced practice.

    Senate Bill No. 407, Requiring cellular and phone companies provide certain information to Bureau for Child Support Enforcement.

    And,

    Senate Bill No. 429, Redefining "facility" under Medication Administration by Unlicensed Personnel Act.

    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 the Judiciary.

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

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

    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. 371, Relating to prison overcrowding.

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

    Com. Sub. for Senate Bill No. 371 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §25-1-15 of the Code of West Virginia, 1931, as amended; to amend and reenact §28-5-27 of said code; to amend said code by adding thereto two new sections, designated §31-20-5g and §31-20-5h; to amend and reenact §61-7-6 of said code; to amend and reenact §62-11A-1a of said code; to amend and reenact §62-11B-9 of said code; to amend and reenact §62-11C-2, §62-11C-3 and §62-11C-6 of said code; to amend said code by adding thereto a new section, designated §62-11C-10; to amend and reenact §62-12-6, §62-12-7, §62-12-9, §62-12-10, §62-12-13, §62-12-14a, §62-12-15, §62-12-17 and §62-12-19 of said code; to amend said code by adding thereto a new section, designated §62-12-29; to amend and reenact §62-15-2 of said code; and to amend said code by adding thereto two new sections, designated §62-15-6a and §62-15-6b, all relating to public safety; requiring the Division of Corrections to perform graduated methods of mental health screens, appraisals and evaluations on persons committed to its custody; mandating one year of supervised release for violent inmates; mandating one hundred eighty days of supervised release for nonviolent inmates; requiring the Commissioner of Corrections to adopt policies regarding mandatory supervised release; requiring the West Virginia Regional Jail Authority and Correctional Facility to utilize a standardized pretrial risk-screening instrument adopted by the Supreme Court of Appeals of West Virginia; requiring the authority to develop and implement cognitive behavioral programming for inmates in regional jails committed to the custody of the Commissioner of Corrections; exempting parole officers from prohibitions against carrying concealed weapons; moving definition of “day report center” to section relating to conditions of release on probation; providing standards and limitations under which judges and magistrates may impose a period of supervision or participation in day report program; clarifying language regarding confinement and revocation for violations of the conditions of home incarceration; adding representative of the Bureau for Behavioral Health and Health Facilities to the community corrections subcommittee of the Governor’s Committee on Crime, Delinquency and Correction; providing that the community corrections subcommittee review, assess and report on the implementation of evidence-based practices in the criminal justice system; adding member with a background in substance abuse treatment and services to the community criminal justice boards of each county or combination of counties; providing oversight responsibility to Division of Justice and Community Services to implement standardized risk and needs assessment, evaluate effectiveness of other modifications to community corrections programs and provide annual report; requiring probation officers to conduct a standardized risk and needs assessment for individuals placed on probation and to supervise probationer and enforce probation according to the same; requiring probation officers to perform random drug tests of persons under supervision; authorizing the Supreme Court of Appeals of West Virginia to adopt a standardized risk and needs assessment for use by probation officers; authorizing the Supreme Court of Appeals of West Virginia to adopt a standardized pretrial screening instrument for use by the Regional Jail Authority; providing standards and limitations under which judges may impose a term of reporting to a day report center or other community corrections program as a condition of probation; authorizing day report center programs to provide services based on the results of a person’s standardized risk and needs assessment; providing for graduated sanctions in response to violations of the conditions of release on probation other than absconding or committing new criminal conduct; creating exceptions to new criminal conduct provisions; requiring copies of graduated sanctions confinement orders be supplied to the Commissioner of Corrections; providing that graduated sanctions confinement be paid by the Division of Corrections; revising eligibility requirements for accelerated parole program; requiring that Division of Corrections’ policies and procedures for developing a rehabilitation treatment plan include the use of substance abuse assessment tools and prioritize treatment resources based on the risk and needs assessment and substance abuse assessment results; providing for rebuttable presumption that parole is appropriate for inmates completing the accelerated parole program and a rehabilitation treatment program; providing standards and limitations for Parole Board; outlining duties of the Division of Corrections to supervise, treat and provide support services for persons released on mandatory supervised release; removing temporal standard for requirement that the Parole Board have access to a copy of an inmate’s physical, mental or psychiatric examination; authorizing Division of Corrections employ directors of housing and employment for released inmates with duties relating to the reduction of parole release delays and finding employment; requiring parole officers to update the standardized risk and needs assessment for each person for whom an assessment has not been conducted for parole and to supervise each person according to the assessment and the commissioner’s supervision standards; authorizing the Commissioner of Corrections to issue a certificate authorizing a parole officer to carry firearms or concealed weapons; providing standards and limitations under which the Division of Corrections may order substance abuse treatment or impose a term of reporting to a day report center or other community corrections program as a condition or modification of parole; authorizing the Commissioner of Corrections to enter into a master agreement with the Division of Justice and Community Services to reimburse counties for use of the community corrections programs; clarifying that parolee participation in community corrections is at program director’s discretion; providing for graduated sanctions in response to violations of the conditions of release on parole other than absconding or certain new criminal conduct; providing a parolee with the right to a hearing, upon request, regarding whether he or she violated the conditions of his or her release on parole; providing that graduated sanctions incarceration for parolees be paid for by Division of Corrections; providing for a Community Supervision Committee to be appointed by the Administrative Director of the Supreme Court of Appeals of West Virginia to coordinate the sharing of information for community supervision and requiring submittal of an annual report; revising definitions; providing standards and limitations under which judges may order treatment supervision for drug offenders; requiring the Division of Justice and Community Services to use appropriated funds to implement substance abuse treatment to serve those under treatment supervision in each judicial circuit; providing that the Division of Justice and Community Services is responsible for developing standards relating to quality and delivery of substance abuse services, requiring certain education and training, paying for drug abuse assessments and certified drug treatment from appropriated funds and requiring submittal of an annual report; outlining duties of treatment supervision service providers; providing for state payment of drug court participants’ incarceration under certain circumstances; defining terms; and making technical changes.

    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,

                               Corey Palumbo,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 371), under the original double committee reference, was then referred to the Committee on Finance.

    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 Green, D. Hall, McCabe, Williams and Stollings:

    Senate Bill No. 484--A Bill to amend and reenact §55-7-16 of the Code of West Virginia, 1931, as amended, relating to immunity from liability for ski patrol rendering emergency care or assistance, without compensation, at any location.

    Referred to the Committee on the Judiciary.

    By Senators Laird, Green, Wells, D. Hall, Unger, Miller and Tucker:

    Senate Bill No. 485--A Bill to amend and reenact §20-7-1a and §20-7-1c of the Code of West Virginia, 1931, as amended, all relating to providing an increase in compensation for natural resources police officers.

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

    By Senators Kessler (Mr. President), Snyder, Palumbo, Wells, Beach, McCabe, Edgell, Fitzsimmons and Cookman:

    Senate Bill No. 486--A Bill to amend and reenact §5-11-2, §5-11-3, §5-11-4, §5-11-8, §5-11-9 and §5-11-13 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5-11A-3, §5-11A-5, §5-11A-6 and §5-11A-7 of said code, all relating to unlawful discriminatory practices; prohibiting discrimination based upon age or sexual orientation; and defining “sexual orientation”.

    Referred to the Committee on the Judiciary.

    By Senators Prezioso, Cann, Beach, M. Hall, D. Hall, Boley and Carmichael:

    Senate Bill No. 487--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2M-1, §16-2M-2, §16-2M-3, §16-2M-4, §16-2M-5, §16-2M-6, §16-2M-7, §16-2M-8, §16-2M-9, §16-2M-10 and §16-2M-11, all relating to creating the West Virginia Pain-Capable Unborn Child Protection Act; asserting a compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain; short title; legislative findings; definitions; determination of post-fertilization age; prohibiting abortion of unborn child of twenty or more weeks post-fertilization age; requiring reports from physicians who perform or attempt to perform abortions; criminal penalties; civil remedies; protection of privacy in court proceedings; creating a litigation defense fund; and stating how article is to be construed.

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

    By Senators Stollings, Kirkendoll, Green, D. Hall, Kessler (Mr. President), Unger and Williams:

    Senate Bill No. 488--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-3F-1, §61-3F-2, §61-3F-3, §61-3F-4 and §61-3F-5, all relating to property crimes committed against coal mines and other industrial facilities; making legislative findings; defining terms; providing for additional criminal penalties for trespass at a coal mine or industrial facility; providing for criminal penalties and restitution for the removal, destruction, injury or defacement of real or personal property belonging to a coal mine or industrial facility; and providing that prosecution for other crimes is not precluded.

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

    By Senators Facemire, Cann, Chafin, Edgell, Kirkendoll, Snyder and Stollings:

    Senate Bill No. 489--A Bill to amend and reenact §16-13E-6 of the Code of West Virginia, 1931, as amended, relating to permitting community enhancement districts to decrease the amounts of annual property assessments; providing a process that a community enhancement board is to use to certify the decrease to the county sheriff; requiring that any decrease be included in the tax ticket or a modified tax ticket; and specifying that the process may not be used for increases in the annual assessments.

    Referred to the Committee on Government Organization.

    By Senators Unger and Snyder:

    Senate Bill No. 490--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-34-1, §19-34-2, §19-34-3, §19-34-4, §19-34-5 and §19-34-6, all relating to the regulation of equine boarding facilities.

    Referred to the Committee on Agriculture and Rural Development; and then to the Committee on the Judiciary.

    By Senators M. Hall, Beach, Carmichael, Kessler (Mr. President), McCabe and Walters:

    Senate Bill No. 491--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17A-6D-16, relating to daily passenger rental car business; and allowing rental vehicle contracts to include a vehicle licensing cost recovery fee.

    Referred to the Committee on Transportation and Infrastructure.

    By Senators Tucker, Barnes, Chafin, Cookman, Edgell, Facemire, Kirkendoll, McCabe, Stollings, Williams and Kessler (Mr. President):

    Senate Bill No. 492--A Bill to repeal §29-25-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §29-25-1, §29-25-2, §29-25-3, §29-25-5, §29-25-6, §29-25-9, §29-25-12, §29-25-15, §29-25-18, §29-25-19, §29-25-20, §29-25-21, §29-25-22, §29-25-22a, §29-25-24, §29-25-28, §29-25-29, §29-25-30, §29-25-31, §29-25-32, §29-25-34, §29-25-35, §29-25-37 and §29-25-38 of said code; and to amend said code by adding thereto two new sections, designated §29-25-22b and §29-25-22c, all relating to miscellaneous boards and officers; authorized gaming facility; including a rural resort community as limited gaming facility; providing definition of “rural resort community”; creating the Rural Resort Community Fund and Rural Resort Community Human Resource Benefit Fund; otherwise providing for the regulation and control of a rural resort community; and repealing the local option provision of this article.

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

    The Senate proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 17, Requesting DOH name bridge in Randolph County "Army Captain Bernard Francis Jones Memorial Bridge".

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

    House Concurrent Resolution No. 42, The "Mike Whitt Visionary Leadership Highway".

    On unfinished business, coming up in regular order, was reported by the Clerk.

    On motion of Senator Chafin, consideration of the resolution (H. C. R. No. 42) and the unreported Transportation and Infrastructure committee amendments to the resolution were made a special order of business under unfinished business for Friday, March 22, 2013.

    The Senate proceeded to the ninth order of business.

    Senate Bill No. 125, Permitting Monongalia County Commission to levy special district excise tax.

    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. 386, Relating to personal safety orders.

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

    Senate Bill No. 387, Relating to family court judge supervision of criminal background investigations.

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

    Senate Bill No. 423, Providing certain convicted persons reduction in sentence.

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

    The Senate proceeded to the twelfth order of business.

    Remarks were made by Senator Chafin.

    Pending announcement of a meeting of a standing committee of the Senate,

    On motion of Senator Unger, the Senate adjourned until Monday, March 11, 2013, at 11 a.m.

____________

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