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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2013

THIRTY-SEVENTH DAY

____________

Charleston, W. Va., Thursday, March 21, 2013

    The Senate met at 11 a.m.

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

    Prayer was offered by Dustin Turner, Youth Minister, United Christian Fellowship, Middlebourne, West Virginia.

    Pending the reading of the Journal of Wednesday, March 20, 2013,

    On motion of Senator McCabe, 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 adoption by that body and requested the concurrence of the Senate in the adoption of

    Com. Sub. for House Concurrent Resolution No. 10--Requesting the Division of Highways name bridge number 49-9-0.21 in Tennerton, Upshur County, West Virginia the “Staff Sergeant Lesley Wayne Reed US Army Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    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

    House Concurrent Resolution No. 18--Requesting that bridge number 49-4/15-0.93 on County Route 4/15, Upshur County, West Virginia, currently known as the “French Creek Bridge” be named the “Cpl. Sherald P. Brady, U.S. Army Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    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. 19--Requesting that bridge number 49-3/4-2.40 in the Community of Kesling Mill in Upshur County, West Virginia, be named the “Corporal Ronald Lee Kesling USMC Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    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

    House Concurrent Resolution No. 20--Requesting the Division of Highways to name bridge number 14-50-31.01 on U.S. Route 50 in Hampshire County, the "Army Corporal Rex Marcel Sherman Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    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

    House Concurrent Resolution No. 21--Requesting the Division of Highways to name a stretch of road in Upshur County, West Virginia, the “Upshur Civil War Company “C” Militia Memorial Highway”; specifically, to provide this identification to that stretch of road on State Route 20 from milepost 11.53 at the intersection of State Route 20 and State Route 4, to milepost 0.00 at the Webster/Upshur County line.

    Referred to the Committee on Transportation and Infrastructure.

    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

    House Concurrent Resolution No. 30--Requesting the Division of Highways to name West Virginia Route 42 from the intersection with Route 46 at Elk Garden, Mineral County, West Virginia, to the intersection with U. S. Route 50 in Mineral County, West Virginia, the “Army Sergeant Thomas Lawrence Dunithan Memorial Highway”.

    Referred to the Committee on Transportation and Infrastructure.

    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

    House Concurrent Resolution No. 47--Requesting the Division of Highways to name a stretch of highway in Upshur County, West Virginia, on State Route 20 from mile post 26 at the intersection of State Route 20 and U. S. Route 33 to mile post 27 the “Thomas B. Dunn Memorial Highway”.

    Referred to the Committee on Transportation and Infrastructure.

    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

    House Concurrent Resolution No. 63--Requesting the Division of Highways to name bridge number 27-62-20.53 on Route 62 in Point Pleasant, Mason County, the “US Army SFC James Edward Duncan Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    The Senate proceeded to the fourth order of business.

    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. 132, Compensating State Police for standby time and providing housing stipend for certain officers.

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

    Com. Sub. for Senate Bill No. 132 (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 §15-2-5a, relating to compensating certain state troopers for off-duty time when they are required to be on standby to be called back to work; and requiring that state troopers on off-duty time that are called in to work or appear in court are guaranteed the greater of at least two hours or the actual number of hours worked.

    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,

                               Herb Snyder,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 132), under the original double committee reference, was then referred to the Committee on Finance.

    Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:

    Your Committee on Government Organization has had under consideration

    Com. Sub. for Senate Bill No. 158 (originating in the Committee on Transportation and Infrastructure), Creating Complete Streets Act.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 158 (originating in the Committee on Government Organization)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-4A-1, §17-4A-2 and §17-4A-3, all relating to creation of the Complete Streets Act; promoting consideration by the Division of Highways of complete streets policies for all streets, roads and highways and other transportation infrastructure facilities under the jurisdiction of the Division of Highways; providing for model complete streets policies for use by Division of Highways, counties and municipalities; providing instances when the Division of Highways need not consider complete street policies; creating a Complete Streets Advisory Board; providing for reimbursement of mileage expenses of board members; and requiring annual reports.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 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. 187 (originating in the Committee on Economic Development), Creating Jobs Impact Statement Act.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 187 (originating in the Committee on Finance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2I-1, §5B-2I-2, §5B-2I-3, §5B-2I-4, §5B-2I-5 and §5B-2I-6, all relating to creating the Jobs Impact Statement Act; requiring that the West Virginia Development Office prepare a jobs impact statement when requested by the Governor or leader of either house of the Legislature for certain proposed legislation; outlining the contents of the jobs impact statement; providing that this article does not affect the validity of legislation, restrict consideration of pending legislation or otherwise alter, amend or invalidate any rule of the Senate, the House of Delegates or joint rules of the Senate and House of Delegates; and describing the manner in which copies of the jobs impact statement shall be made available.

    With the recommendation that the committee substitute for committee substitute 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. 336 (originating in the Committee on Education), Relating to interscholastic athletics concussions and head injuries.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 336 (originating in the Committee on the Judiciary)--A Bill to repeal §55-7-19 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §18-2-25a; and to amend and reenact §29-12-5a of said code, all relating to establishing protocols and protections to limit and treat injury to youth athletes and students; making legislative findings with respect to concussions; defining certain terms; requiring certain rules; setting forth certain minimum provisions of rules; requiring Board of Risk and Insurance Management to provide insurance coverage for certain additional individuals; clarifying Board of Risk and Insurance Management shall provide insurance coverage for licensed health care professional; limiting civil liability in certain circumstances; and making certain technical changes.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    Senator Williams, from the Committee on Economic Development, submitted the following report, which was received:

    Your Committee on Economic Development has had under consideration

    Senate Bill No. 342, Creating WV Land Stewardship Corporation Act.

    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,

                               Bob Williams,

                                 Chair.

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

    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. 414, Clarifying hunting and fishing license-issuing authorities.

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

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

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

    Com. Sub. for Senate Bill No. 433 (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 §27-1A-12, relating to creating an informal dispute resolution process available to behavioral health providers licensed by the Department of Health and Human Resources for orders or citations of deficient practice; and providing that the informal dispute resolution process does not affect the ability of a licensee to seek administrative and judicial review of an order or citation of deficient practice.

    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. 433), 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. 438, Authorizing reorganization of certain community and technical colleges.

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

    Com. Sub. for Senate Bill No. 438 (originating in the Committee on Education)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18B-3F-1, §18B-3F-2, §18B-3F-3, §18B-3F-4, §18B-3F-5, §18B-3F-6, §18B-3F-7, §18B-3F-8 and §18B-3F-9, all relating to reorganization and consolidation of Bridgemont Community and Technical College and Kanawha Valley Community and Technical College; creating an independent, multi-campus community and technical college on June 30, 2013; abolishing certain boards of governors and providing for appointment of a new board of governors on June 30, 2013; setting forth legislative findings; providing definitions; requiring development of a strategic reorganization plan; establishing an administrative planning committee; committee membership, powers and duties; termination date; appointing president and other officers; specifying certain duties; providing for transfer of assets and liabilities, operating budgets, orders, rules and procedures; clarifying employee rights and benefits when positions are abolished; and requiring notification of employment status by certain date under certain circumstances.

    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,

                               Robert H. Plymale,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 438), under the original double committee reference, was then referred to the Committee on Finance.

    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. 439, Relating to payment correction procedure for erroneous fund distribution.

    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,

                               Herb Snyder,

                                 Chair.

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

    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. 440, Relating to disclosure of specified tax information for enforcement of Tobacco Master Settlement Agreement.

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

    Com. Sub. for Senate Bill No. 440 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §11-10-5s of the Code of West Virginia, 1931, as amended, relating to disclosure of confidential taxpayer information; authorizing the disclosure of specified tax information by the Tax Commissioner to the Attorney General; authorizing the disclosure of specified tax information by the Attorney General to specified persons relevant to enforcement of Tobacco Master Settlement Agreement; authorizing the Tax Commissioner to enter into a written agreement with the State Auditor for disclosure of confidential tax information to the State Auditor to facilitate the State Auditor's participation in federal and state offset programs to collect unpaid taxes; and providing for protection and limited use of confidential information.

    Senate Bill No. 535, Relating to process for maintaining voter registration lists.

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

    Com. Sub. for Senate Bill No. 535 (originating in the Committee on the Judiciary)--A Bill to repeal §3-2-24 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-1-3 of said code; and to amend and reenact §3-2-2, §3-2-4a, §3-2-18, §3-2-19, §3-2-21, §3-2-23, §3-2-25 and §3-2-29 of said code, all relating to the maintenance of voter registration lists and related records; making technical corrections and deleting obsolete references; updating and clarifying the persons entitled to vote; clarifying when a person under the age of eighteen may vote in a primary election; updating the processes and responsibilities for statewide voter registration and clarifying county and state roles in the voter registration process; updating the processes of maintaining voter registration records; clarifying county roles in maintaining voter registration files for municipal elections; updating processes for the maintenance of records in the statewide voter registration database; permitting registration records to be shared across state lines pursuant to certain programs; updating processes for cancellation of deceased or ineligible voters’ registrations; clarifying county and state roles in the systematic purging program for removal of ineligible voters from active voter registration records; and clarifying custody of paper and electronic voter registration records.

    Senate Bill No. 538, Eliminating requirement law enforcement maintain files of domestic violence orders.

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

    Com. Sub. for Senate Bill No. 538 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §48-27-601 of the Code of West Virginia, 1931, as amended, relating to disposition of domestic violence orders; and filing orders with the domestic violence database rather than law enforcement maintaining a confidential file.

    And,

    Senate Bill No. 584, Creating Pretrial Release Program.

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

    Com. Sub. for Senate Bill No. 584 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §62-11C-5 and §62-11C-7 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §62-11F-1, §62-11F-2, §62-11F-3, §62-11F-4 and §62-11F-5, all relating to authorizing community corrections programs to operate pretrial release program; permitting certain fees to be assessed to county commissions; permitting certain fees to be assessed to persons on pretrial release; stating applicability of pretrial release programs; establishing guidelines for pretrial release programs; providing for potential funding sources; requiring community pretrial committees to recommend release of certain persons facing criminal charges who are in regional jails prior to adjudication; and setting forth the duties of pretrial release programs.

    With the recommendation that the four committee substitutes do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 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. 445, Allowing Tax Commissioner divert lottery prizes to offset tax liabilities of lottery winners.

    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

    Senate Bill No. 496, Finding and declaring certain claims against state.

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    Senator Williams, from the Committee on Economic Development, submitted the following report, which was received:

    Your Committee on Economic Development has had under consideration

    Senate Bill No. 520, Creating WV Project Launch Pad Act, WV Project Launchpad for Economic Development Property Valuation Act and Promoting WV Employment Act.

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

    Com. Sub. for Senate Bill No. 520 (originating in the Committee on Economic Development)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2I-1, §5B-2I-2, §5B-2I-3, §5B-2I-4, §5B-2I-5, §5B-2I-6, §5B-2I-7, §5B-2I-8, §5B-2I-9, §5B-2I-10, §5B-2I-11, §5B-2I-12, §5B-2I-13, §5B-2I-14, §5B-2I-15, §5B-2I-16, §5B-2I-17, §5B-2I-18, §5B-2I-19, §5B-2I-20, §5B-2I-21, §5B-2I-22, §5B-2I-23, §5B-2I-24, §5B-2I-25, §5B-2I-26, §5B-2I-27, §5B-2I-28, §5B-2I-29, §5B-2I-30, §5B-2I-31, §5B-2I-32, §5B-2I-33, §5B-2I-34, §5B-2I-35, §5B-2I-36, §5B-2I-37, §5B-2I-38, §5B-2I-39, §5B-2I-40 and §5B-2I-41; to amend said code by adding thereto a new article, designated §11-6L-1, §11-6L-2, §11-6L-3, §11-6L-4, §11-6L-5, §11-6L-6 and §11-6L-7; and to amend said code by adding thereto a new article, designated §11-21A-1, §11-21A-2, §11-21A-3, §11-21A-4, §11-21A-5, §11-21A-6, §11-21A-7, §11-21A-8, §11-21A-9, §11-21A-10, §11-21A-11, §11-21A-12, §11-21A-13, §11-21A-14, §11-21A-15, §11-21A-16, §11-21A-17 and §11-21A-18, all relating generally to economic development and job creation; creating the West Virginia Project Launchpad Act; providing short title; providing legislative purpose and finding; defining certain terms; providing criteria for establishment of West Virginia project launchpads by Governor; allowing county commissions and county councils to apply for launchpad designations; providing for form and content of applications; specifying process for review of applications and criteria for designating geographic areas as launchpads and for expansion and decertification of launchpads; providing economic benefits for businesses locating or expanding in launchpads including state and local tax relief and other economic benefits; prohibiting qualified businesses in a launchpad from employing illegal aliens, engaging in illegal activity or being delinquent in payment of state and local taxes; permitting transfer of economic benefits to successor businesses; requiring qualified business to comply with applicable zoning laws and state and local building and other codes; providing for recapture of taxes and other economic benefits under specified circumstances; promulgation of rules; imposing civil and criminal penalties for noncompliance; providing rules of application and construction; requiring periodic reports to Governor and Legislature; providing for severability and expiration; providing a special method for appraising property in launchpad for economic development; providing short title; defining certain terms; providing method of valuation of launchpad property; providing for initial determination of value by assessor and for protest and appeals; requiring periodic reports to Governor and Legislature and specifying effective dates; creating the Promoting West Virginia Employment Act; providing short title and scope of article; defining certain terms; providing qualification for benefits; specifying benefits upon application and review; specifying annual cap on benefits; providing for recapture of benefits; providing for administration and enforcement of article including issuance of regulations; requiring periodic reports to Governor and Legislature; and specifying effective dates.

    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,

                               Bob Williams,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 520), under the original double committee reference, was then referred to the Committee on Finance.

    Senator Williams, from the Committee on Economic Development, submitted the following report, which was received:

    Your Committee on Economic Development has had under consideration

    Senate Bill No. 551, Applying solar energy tax credit to each system installation; extending credit date.

    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 Finance.

                             Respectfully submitted,

                               Bob Williams,

                                 Chair.

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

    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. 565, Creating reverse auction pilot program for purchasing office supplies.

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

    Com. Sub. for Senate Bill No. 565 (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 §5A-3-10d, relating to the Purchasing Division; authorizing director to initiate a reverse auction pilot program for purchasing supplies, materials or equipment; outlining criteria for the director to consider in determining whether use of the reverse auction pilot program is appropriate; defining “reverse auction”; permitting third-party vendors to administer reverse auctions; rule-making authority to implement the reverse auction pilot program; and the reverse auction pilot program terminates on July 1, 2017.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Herb Snyder,

                                 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. 571, Extending time Oceana City Council can meet as levying body.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    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 Plymale, Prezioso, Snyder and Beach:

    Senate Bill No. 586--A Bill to repeal §30-27-15 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-27-3, §30-27-8, §30-27-11 and §30-27-12 of said code; and to amend and reenact §30-37-7 of said code, all relating to the Board of Barbers and Cosmetologists; licensing schools of aesthetics, barbering, cosmetology, manicuring and massage; transferring authority to approve licensure for certain schools; providing requirements for professional licensing, license renewal and work permits; and establishing certain student registration requirements.

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

    By Senators Palumbo, Jenkins, McCabe, Prezioso and Stollings:

    Senate Bill No. 587--A Bill to amend and reenact §55-7-24 of the Code of West Virginia, 1931, as amended, relating to apportionment of damages in causes of action involving tortious conduct; adopting several liability in tortious actions unless certain exceptions apply; increasing period for a motion for reallocation; removing certain limits on reallocation; and setting a date after which the accrual of a cause of action will use the changes made to this section.

    Referred to the Committee on the Judiciary.

    By Senators Yost, Kessler (Mr. President), Edgell, Unger and Fitzsimmons:

    Senate Bill No. 588--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-11-21; and to amend said code by adding thereto a new section, designated §31-17-21, all relating to requiring residential construction projects to be bonded; setting forth contractor responsibilities; providing for a period of bond liability and forfeiture of bond to satisfy a lien; requiring contractor to provide copy of bond and certain documents and reports to certain persons; and requiring a lender making a loan for residential construction services to issue joint payment and notice of payment to the contractor, property owners and any subcontractor or supplier identified in a request for payment.

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

    By Senators Kessler (Mr. President), Cookman, Jenkins, Nohe, Palumbo, Williams, Tucker, Fitzsimmons and Plymale:

    Senate Bill No. 589--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §51-7-1a, relating to the establishment of ethical standards for court reporters and entities that provide court reporting services; oversight administration; and sanctions and penalties.

    Referred to the Committee on the Judiciary.

    By Senators Beach, Kessler (Mr. President), Edgell, Tucker and Williams:

    Senate Bill No. 590--A Bill to amend and reenact §11-16-18 of the Code of West Virginia, 1931, as amended; to amend and reenact §60-3A-17, §60-3A-18 and §60-3A-25 of said code; to amend and reenact §60-7-12 of said code; and to amend and reenact §60-8-34 of said code, all relating to the sale of certain beer, wine and liquor; increasing the percentage of cost that a liquor retail licensee may charge; removing provisions relating to the sale of certain alcoholic products on certain days; and addressing days and hours of operation for certain licensees and private clubs.

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

    By Senator Carmichael:

    Senate Bill No. 591--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-5-29, relating to emergency management; creating the West Virginia Infrastructure Emergency Response Act of 2013; definitions; the presence of nonresident employees and businesses, including affiliates of in-state businesses, that temporarily provide resources and personnel in the state during a state of emergency declared by either the Governor, the Legislature or the President of the United States; providing that these businesses are exempt from requirements for business and employee taxes or other criteria for purposes of certain state and local taxes, licensing and regulatory requirements on a temporary basis during the period they provide help and assistance in response to a declared state disaster or emergency; providing this exemption does not include certain transaction taxes and fees during the emergency period, unless otherwise exempted during an emergency period; providing for legislative rules; and effective date.

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

    By Senators Tucker, Palumbo, Kessler (Mr. President) and Plymale:

    Senate Bill No. 592--A Bill to amend and reenact §33-20F-4 of the Code of West Virginia, 1931, as amended, relating to deleting obsolete provisions regarding the Physicians' Mutual Insurance Company; and providing that the company need not be organized as a nonprofit corporation if the company remains a domestic mutual insurance company owned by its policyholders.

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

    By Senators Stollings, Prezioso, McCabe, Kessler (Mr. President) and Palumbo:

    Senate Bill No. 593--A Bill to amend and reenact §11-17-3 of the Code of West Virginia, 1931, as amended, relating to increasing the excise tax on cigarettes and other tobacco products; and providing for distribution of the increased revenue.

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

    By Senator Kessler (Mr. President):

    Senate Bill No. 594--A Bill to amend and reenact §14-2-13a and §14-2-16 of the Code of West Virginia, 1931, as amended, all relating to claims against the state; claims for unjust arrest and imprisonment or conviction and imprisonment; legislative intent; notice of claim by a claimant; burden of proof; amount of relief granted to be determined by the court; burden of proving damages; providing a savings provision; and relating to the calling of expert witnesses.

    Referred to the Committee on the Judiciary.

    By Senators Miller, Beach and Stollings:

    Senate Bill No. 595--A Bill to amend and reenact §11A-3-19, §11A-3-21, §11A-3-23, §11A-3-52, §11A-3-54 and §11A-3-56 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto two new sections, designated §11A-3-23a and §11A-3-58a; and to amend and reenact §11A-4-4 of said code, all relating to permitting surface owners to purchase the mineral interests that lay below the property when the mineral interest becomes subject to a tax lien; establishing procedures; requiring notice; establishing the purchase prices; establishing a nonrefundable $20 administrative fee; providing a procedure if more than one surface owner seeks to purchase the delinquent mineral interest; modifying notices to redeem that are sent to property owners; and providing remedies relating to tax sales.

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

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

    Senate Bill No. 596--A Bill to amend and reenact §31-15A-17b of the Code of West Virginia, 1931, as amended, relating to the determination of the amount of grant awards for Chesapeake Bay watershed compliance projects and the Greenbrier River watershed compliance projects.

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

    Senators Kessler (Mr. President), Stollings, Yost, Fitzsimmons and Wells offered the following resolution:

    Senate Concurrent Resolution No. 26--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 coal field communities have a significant interest in fighting to maintain retiree pensions and health care for our citizens; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature 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 Legislature 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 Legislature 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 Legislature 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.

    Which, under the rules, lies over one day.

    Senators Miller, Laird, Wells and Beach offered the following resolution:

    Senate Concurrent Resolution No. 27--Designating “My Home Among the Hills” by E. W. James an official State Song of West Virginia.

    Whereas, “This is My West Virginia”, “The West Virginia Hills” and “West Virginia, My Home Sweet Home” are the current official state songs; and

    Whereas, The current three official West Virginia state songs were designated by House Concurrent Resolution No. 19, adopted February 28, 1963; and

    Whereas, “My Home Among the Hills” is well known to many West Virginians and is sung at many school ceremonies and functions; and

    Whereas, “My Home Among the Hills” was composed by West Virginia Wesleyan College trustee E. W. “Bill” James, who was also the mayor of Clarksburg, West Virginia, from 1957 to 1961; and

    Whereas, The lyrics of “My Home Among the Hills” honor West Virginia in a magnificent manner:

There's a land of rolling mountains

Where the sky is blue above.

And though I may roam, I hurry home,

To those friendly hills I love.

Where moonlit meadows ring

with the call of whippoorwills

Always you will find me in my home among the hills

And where the sun draws rainbows in the mist

of waterfalls and mountain rills

My heart will be always in the West Virginia Hills

There, autumn hillsides are bright with scarlet trees

and in the spring, the robins sing

While apple blossoms whisper in the breeze

And there is music in the flashing streams

and joy in the fields of daffodils

Laughter through the happy valleys of my home among the hills; and

    Whereas, “My Home Among the Hills” appears in music method books written for children; and

    Whereas, The Chanticleer Children’s Chorus of West Virginia and many state high school choirs include “My Home Among the Hills” in their performances; and

    Whereas, “My Home Among the Hills” is considered an unofficial state song; and

    Whereas, It is deemed desirable to add “My Home Among the Hills” as an official State Song; therefore, be it

    Resolved by the Legislature of West Virginia:

    That “My Home Among the Hills” by E. W. James be designated an official State Song of West Virginia; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Governor of the State of West Virginia.

    Which, under the rules, lies over one day.

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

    Senate Resolution No. 40--Recognizing the Toyota Motor Manufacturing, West Virginia, Inc., (TMMWV) for its many contributions to the State of West Virginia.

    Whereas, TMMWV has been doing business in the State of West Virginia since 1996, employs over one thousand team members at its Buffalo, West Virginia, manufacturing plant and provides an annual payroll of $123 million; and

    Whereas, TMMWV represents a $1.3 billion investment in West Virginia and has given back to the community by donating $5.9 million to organizations, including: American Cancer Society, Buffalo Volunteer Fire Department, Eleanor Volunteer Fire Department, Inc., Golden Girl Group Home, Multi-Cultural Festival of West Virginia, Inc., Putnam Career and Technical Center, Special Olympics West Virginia Golf Classic, The Marshall University Foundation, Inc., and United Way of Central West Virginia, Inc.; and

    Whereas, TMMWV produces 4-cylinder and 6-cylinder engines for operations in Indiana and Canada and also 6-speed automatic transmissions and gears for plants in Kentucky, Indiana and Canada; and

    Whereas, TMMWV’s engines and transmissions are used in eight Toyota and Lexus vehicles: Corolla, Camry, RAV 4, Sienna, Highlander, Matrix, Avalon, Venza, RX350m and other V-6 models; and

    Whereas, Because team members build high-quality power train products and can produce up to one million engines and transmissions here annually, they are key to TMMWV’s success and have celebrated seven expansions since the 1996 opening; and

    Whereas, As of January 19, 2013, TMMWV reached a milestone, producing its ten millionth Power Train Product; therefore, be it

    Resolved by the Senate:

    That the Senate hereby recognizes Toyota Motor Manufacturing, West Virginia, Inc., (TMMWV) for its many contributions to the Sate of West Virginia; and, be it

    Further Resolved, That the Senate commends Toyota Motor Manufacturing, West Virginia, Inc., on its outstanding accomplishment of producing its ten millionth Power Train Product; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Toyota Motor Manufacturing, West Virginia, Inc. (TMMWV).

    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.

    Senators Unger, Stollings, Kessler (Mr. President) and Williams offered the following resolution:

    Senate Resolution No. 41--Recognizing the West Virginia Campus Compact Student Advisory Board for its dedication and commitment to promoting civic engagement at institutions of higher education.

    Whereas, West Virginia Campus Compact is a coalition of twenty-eight college and university presidents dedicated to promoting civic engagement at our institutions of higher education; and

    Whereas, West Virginia Campus Compact's role is to make it easier for its twenty-eight member campuses to provide quality community service and service learning opportunities to their students and to create partnerships that benefit communities throughout the State of West Virginia; and

    Whereas, The member campuses of West Virginia Campus Compact remind us of another way institutions of higher education impact our communities: through the service students engage in every day; and

    Whereas, The students of the West Virginia Campus Compact Student Advisory Board have demonstrated excellence in service and were selected by their college presidents to serve as their campus’ ambassadors to West Virginia Campus Compact; and

    Whereas, The 2013 West Virginia Campus Compact Student Advisory Board consists of Shellie Oden, Bridgemont Community and Technical College; Dan Hull, Bridgemont Community and Technical College; Erica White, Concord University; Adam Pauley, Concord University; Chris Pascoe, Potomac State College; Jesse Cook, Potomac State College; Jordan Johnson, University of Charleston; Randi Dillon, University of Charleston; Luke Tacosik, West Liberty University; Kacie Murray, West Liberty University; Michael Caplinger, West Virginia University at Parkersburg; Clayton Weeks, WV Northern Community College; John Felekey, WV Northern Community College; Nichole Milliren, WVU-Parkersburg; and Brent Johnson, Blue Ridge Community and Technical College; and

    Whereas, It is fitting that we honor the West Virginia Campus Compact and its Student Advisory Board on Higher Education Day at the Legislature; therefore, be it

    Resolved by the Senate:

    That the Senate hereby recognizes the West Virginia Campus Compact Student Advisory Board for its dedication and commitment to promoting civic engagement at institutions of higher education; and, be it

    Further Resolved, That the Senate acknowledges the good work of the West Virginia Campus Compact Student Advisory Board being done at institutions of higher education and communities throughout the State of West Virginia; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia Campus Compact Student Advisory Board.

    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.

    Senators Boley, Stollings, Kessler (Mr. President), Unger, Williams, Miller, Plymale and Nohe offered the following resolution:

    Senate Resolution No. 42--Congratulating Maggie Drazba for her outstanding academic and athletic achievements.

    Whereas, Maggie Drazba, a student at St. Mary’s High School, won the 2009 and 2011 Class A-AA Girls Cross Country Championship; and

    Whereas, Maggie Drazba won the State Championship in the 800 and 1600 meters, helping lead St. Mary’s High School Girls Track team to the 2010 Class A Girls Team State Track and Field Championship, returning the following year and winning the State Championship at the 2011 Track and Field State Championships in the 800, 1600 and 3200 meters; and

    Whereas, Maggie Drazba won the 2012 West Virginia Class A High School Girls Track and Field Championship in the 800 Meters, 1600 Meters, 3200 Meters and 3200 Meter Relay as well as the 2012 West Virginia Class A-AA High School Girls Cross Country Championship with an incredible time of 17:17; and

    Whereas, Maggie Drazba set records in all of the events she won at the 2012 West Virginia High School Track and Field Championships; and

    Whereas, Maggie Drazba was awarded the 2013 McCoy Award, which is given annually by the West Virginia Sport’s Writers Association to the state’s top male and female track athletes; and

    Whereas, Maggie Drazba placed second in the USA Cross-Country Nationals Junior Womens 6k in February, 2012, in St. Louis, earning a berth onto the American squad for the North American, Central America and Caribbean (NACAC) Cross Country Championship in Port-of-Spain, Trinidad, being the only high school athlete on the U. S. Junior Squad and one of five women to represent the U. S., placing fourth; and

    Whereas, Maggie Drazba was named the Gatorade West Virginia Girl’s Cross Country Runner of the Year for 2013. She also shows strong moral fiber for her advocacy with her work with her local church, school newspaper and Boys and Girls Club of America; and

    Whereas, Maggie Drazba has shown exemplary academic work by maintaining a 4.05 GPA and an admission to the National Honor Society and West Virginia University; therefore, be it

    Resolved by the Senate:

    That the Senate hereby congratulates Maggie Drazba for her outstanding academic and athletic achievements; and, be it

    Further Resolved, That the Senate wishes Maggie Drazba continued success as a student athlete at West Virginia University; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Maggie Drazba and the principal of St. Mary’s High School.

    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.

    Senators Plymale, Snyder, Stollings, Kessler (Mr. President), Unger, Yost, Williams, Miller, Prezioso, Wells, McCabe, Jenkins and Fitzsimmons offered the following resolution:

    Senate Resolution No. 43--Designating Thursday, March 21, 2013, as Higher Education Day at the Legislature.

    Whereas, The foundation of any society’s success is the degree to which its citizens are educated; and

    Whereas, The citizens of West Virginia are committed to supporting higher education; and

    Whereas, West Virginia’s colleges and universities increase the knowledge base of West Virginia’s students, as well as those from other states; and

    Whereas, West Virginia’s education system will help students achieve their education goals and meet the workforce needs of West Virginia and the United States; and

    Whereas, Not only does the education system contribute to the economic vitality of the state, but it enriches the culture and life of all communities and regions within the state and outside its boundaries; and

    Whereas, West Virginia’s colleges and universities advance the development of technology, partner in business and industry, conduct groundbreaking research and improve lives through advanced health care; and

    Whereas, Through the services of outstanding faculty, staff, administration and executive leadership, West Virginia’s colleges and universities have developed student-centered programs and curriculums; therefore, be it

    Resolved by the Senate:

    That the Senate hereby designates Thursday, March 21, 2013, as Higher Education Day at the Legislature; and, be it

    Further Resolved, That the Senate recognizes the commitment to excellence the leaders of our colleges and universities have demonstrated; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Chancellor of the West Virginia Higher Education Policy Commission.

    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 proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 25, Requesting Joint Committee on Government and Finance study distributed electricity generation technologies.

    On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on the Judiciary; and then to the Committee on Rules.

    The Senate proceeded to the eighth order of business.

    Eng. Com. Sub. for Com. Sub. for Senate Bill No. 371, Relating to prison overcrowding.

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

    Pending discussion,

    The question being “Shall Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 371 pass?”

    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: None.

    Absent: Blair--1.

    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. 371) passed.

    On motion of Senator Palumbo, the following amendment to the title of the bill was reported by the Clerk and adopted:

    Eng. Com. Sub. for Com. Sub. for Senate Bill No. 371--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; eliminating requirement for separate disciplinary rules at each institution mandating one year of supervised release for violent inmates and deducting one year of their good time; mandating one hundred eighty days of supervised release for nonviolent inmates; setting an effective date for supervised release provisions; requiring the Commissioner of Corrections to adopt policies regarding mandatory supervised release; requiring the West Virginia Regional Jail and Correctional Facility Authority to use a standardized pretrial risk-screening instrument adopted by the Supreme Court of Appeals of West Virginia to screen persons arrested and placed in a regional jail; requiring the Division of Corrections to develop and implement a cognitive behavioral program for inmates in regional jails committed to the custody of the Commissioner of Corrections and requiring the Division of Corrections to pay its cost; 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; requiring 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 to be appointed by the Commission or Commissions of the county or counties represented by the board; 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 assessment and supervision standards adopted by the West Virginia Supreme Court of Appeals; requiring probation officers to perform random drug and alcohol tests of persons under their 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 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 certain new criminal conduct; creating exceptions to new criminal conduct provisions; making standardized risk and needs assessments confidential court documents; 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 to 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 an eligible 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 for Drug Offender Accountability and Treatment Act; 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 an effective date regarding standards and limitations; providing that the Division of Justice and Community Services in consultation with the Governor’s Advisory Committee on Substance Abuse 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; requiring submittal of an annual report and specifying an effective date; 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.

    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 Senators M. Hall, Barnes and Laird regarding the passage of Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 371 were ordered printed in the Appendix to the Journal.

    The Senate proceeded to the ninth order of business.

    Com. Sub. for Com. Sub. for Senate Bill No. 201, Permitting expedited partner therapy.

    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. 341, Relating to livestock fencing and trespassing.

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

    Senate Bill No. 404, Defining certain habitually absent student as neglected child.

    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.

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

    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.

    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 Com. Sub. for Senate Bill No. 11, Relating to WV schedules of controlled substances.

    Senate Bill No. 190, Relating to public-private transportation projects funding.

    Com. Sub. for Senate Bill No. 461, Relating to procedures and protections for child witnesses in domestic relations proceedings.

    Senate Bill No. 489, Permitting community enhancement districts to decrease annual property assessments.

    Senate Bill No. 523, Making supplementary appropriation of unappropriated moneys to various accounts.

    Senate Bill No. 524, Supplementing, amending, decreasing and increasing appropriations from State Road Fund to DOT.

    Senate Bill No. 525, Making supplementary appropriation of federal funds to various accounts.

    Senate Bill No. 526, Making supplementary appropriation of federal funds to DHHR, Division of Human Services-Temporary Assistance for Needy Families.

    Com. Sub. for Senate Bill No. 534, Correcting internal code reference regarding insurance information disclosure.

    And,

    Com. Sub. for Senate Bill No. 544, Scheduling departmental performance reviews.

    The Senate proceeded to the twelfth order of business.

    Remarks were made by Senators Unger and Barnes.

    Thereafter, at the request of Senator Laird, and by unanimous consent, the remarks by Senators Unger and Barnes were ordered printed in the Appendix to the Journal.

    On motion of Senator Unger, a leave of absence for the day was granted Senator Blair.

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Friday, March 22, 2013, at 11 a.m.

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