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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2013

THIRTY-EIGHTH DAY

____________

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

    The Senate met at 11 a.m.

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

    Prayer was offered by Apostle Tina Beatty, King of Glory International Ministries, Charleston, West Virginia.

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

    On motion of Senator Miller, 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.

    On motion of Senator Unger, the Senate recessed for five minutes to permit Keith Wiseman to address the Senate on behalf of the Frasure-Singleton Student Legislative Program.

    Upon expiration of the recess, the Senate reconvened and 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. 2780--A Bill to amend and reenact §49-5D-3 and §49-5D-3c of the Code of West Virginia, 1931, as amended, all relating generally to multidisciplinary teams; requiring that team members be notified that he or she may participate in team meetings electronically; requiring that the court and team members are provided a copy of the individualized service plan for a juvenile; requiring that in certain circumstances the individualized service plan for a juvenile shall be reviewed quarterly; and, authorizing the directors of juvenile detention centers to call a multidisciplinary team meeting in certain circumstances.

    Referred to the Committee on the Judiciary.

    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. Com. Sub. for House Bill No. 2815--A Bill to amend and reenact §44-10-3 of the Code of West Virginia, 1931, as amended, relating generally to clarifying and modifying the process of appointing and terminating guardians for minors.

    Referred to the Committee on the Judiciary.

    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. 2842--A Bill to amend and reenact §36-9-3 and §36-9-23 of the Code of West Virginia, 1931, as amended, all relating to clarifying that time-sharing plans, accommodations and facilities are subject to regulation by the Division of Land Sales and Condominiums; and granting the Division of Land Sales and Condominiums the authority to seek additional relief in circuit courts.

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

    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. 8--Requesting the Division of Highways to name the bridge, bridge number 50-41-0.40 on County Route 41 in Wayne County, the "U.S. Army S/Sgt. E. J. A. Maynard 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. 25--Requesting the Division of Highways to rename the Camp Creek bridge over Camp Creek on State Route 152, in Lavalette, Wayne County, bridge number 50-152-41.56, the “U.S. Army CPL Fred Russell 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. 29--Requesting the Division of Highways to name bridge number 50-39-2.01 in Wayne County, West Virginia, the “Army Specialist-5 James R. Justice Memorial Bridge”, which is located on the East Fork of 12 Pole Creek, at the mouth of Bluewater, also known as Cow Creek, approximately two miles up McComas Road and over the mountain from the intersection of McComas Road and Sweetwater Road.

    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. 35--Requesting that bridge number 12-93-9.84 on W. Va. Corridor H, State Route 93 and future U. S. Route 48, crossing over County Route 1, also known as the Scherr Road, in Grant County, West Virginia, be named the “Charles Eugene Kessel 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. 36--Requesting that bridge number 50-37-12.31 located in Wayne County, West Virginia, at the intersection of West Virginia Route 7, also known as Patrick Creek Road, and West Virginia Route 152 be named the “U.S. Army Private First Class Oscar Harper, Sr. 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. 62--Requesting the Division of Highways to name the bridge currently known as DuPont Road Bridge on West Virginia Route 68, over US Route 50, bridge number 54-68-14.60, the “Navy Chief Petty Officer Nicholas Heath Null Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    The Senate proceeded to the fourth order of business.

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

    Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 22nd day of March, 2013, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:

    (S. B. No. 197), Expiring funds from State Fund, General Revenue, and making supplementary appropriations to various accounts.

                             Respectfully submitted,

                               Donald H. Cookman,

                                 Chair, Senate Committee.

                               Danny Wells,

                                 Chair, House Committee.

    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. 10, Permitting independent initiation of disciplinary proceedings by certain licensing boards.

    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.

                             Respectfully submitted,

                               Corey Palumbo,

                                 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

    Senate Bill No. 18, Relating to appraisal method for certain multifamily rental property for ad valorem property tax.

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

    Com. Sub. for Senate Bill No. 18 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-3-1c, relating to providing the methods of appraising certain affordable, multifamily rental housing property for ad valorem property tax purposes; setting forth what the assessor is to consider; providing for confidentiality of information provided to the assessor; providing for treatment of federal or state tax credits; granting rule-making authority; and removing provision that the Tax Commissioner is to develop and publish a capitalization rate for use by assessors.

    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. 18), under the original double committee reference, was then referred to the Committee on Finance.

    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. 80, Including substitute teaching in job duties of certain professional educators employed by county boards.

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

    Com. Sub. for Senate Bill No. 80 (originating in the Committee on Education)--A Bill to amend and reenact §18-5-32 of the Code of West Virginia, 1931, as amended, relating to including substitute teaching in the job duties of certain professional educators employed by county boards of education in certain administrative and supervisory positions.

    And,

    Senate Bill No. 508, Implementing per-credit-hour tuition demonstration pilot project.

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

    Com. Sub. for Senate Bill No. 508 (originating in the Committee on Education)--A Bill to amend and reenact §18B-10-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18B-10-3, all relating to creating a per-credit-hour tuition demonstration pilot project; specifying a termination date; establishing goals and selection criteria for participation; providing for evaluations; and requiring certain reports.

    With the recommendation that the two committee substitutes do pass; but under the original double committee references 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 references of the bills contained in the foregoing report from the Committee on Education.

    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. 185, Relating to alternative-fuel motor vehicles.

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

    Com. Sub. for Senate Bill No. 185 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §11-6D-1, §11-6D-2, §11-6D-3, §11-6D-4, §11-6D-5, §11-6D-6, §11-6D-7 and §11-6D-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-6D-10, all relating to the tax credit for alternative-fuel motor vehicles and qualified alternative-fuel vehicle refueling infrastructure and qualified alternative-fuel vehicle home refueling infrastructure; setting forth legislative findings; defining terms and modifying definitions and terms; on and after the effective date of the amendment and reenactment of the section during the regular session of the Legislature in 2013, eliminating the availability of tax credits for infrastructure related to and motor vehicles that are capable of running on ethanol and certain fuel mixtures containing ethanol, methanol or other alcohols; excluding storage tanks from the definition of “qualified alternative-fuel vehicle home refueling infrastructure”; requiring that not more than one tax credit be granted for the purchase of an alternative-fuel motor vehicle, or for costs relating to conversion or retrofitting of a motor vehicle to an alternative-fuel motor vehicle, or for costs associated with qualified alternative-fuel vehicle refueling infrastructure, or for costs associated with qualified alternative-fuel home refueling infrastructure; removing the requirement that a converted vehicle must operate exclusively on an alternative fuel in order to take the credit; permitting a tax credit for certain retrofitted vehicles; requiring a taxpayer to own the alternative-fuel motor vehicle for which a claim is filed on the last day of the taxpayer’s tax year for which the credit is claimed; clarifying restrictions and eligibility for tax credits; changing the amount of credit and the cap for qualified alternative-fuel vehicle refueling infrastructure; allowing pass-through entities to distribute credits to pass-through equity owners in any manner such equity owners see fit; eliminating a rule requirement; providing for the termination of tax credit for alternative-fuel motor vehicles purchased after December 31, 2017; providing for the termination of tax credit for motor vehicles converted or retrofitted to operate on alternative fuel after December 31, 2017; providing for the termination of tax credit for construction or purchase and installation of qualified alternative-fuel vehicle refueling infrastructure occurring after December 31, 2017; providing for the termination of tax credit for construction or purchase and installation of qualified alternative-fuel vehicle home refueling infrastructure occurring in tax years beginning after December 31, 2015; capping the number of years for which a carryover credit is allowed for alternative-fuel motor vehicle tax credits and for qualified alternative-fuel vehicle home refueling infrastructure tax credits; permitting the transfer and sale of certain tax credits under certain conditions; setting forth how transfers of tax credits may be accomplished; providing an exception from consumers sales and service tax, use tax, corporation net income tax and personal income tax; and permitting government entities and nonprofit entities to utilize tax credits.

    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 D. Beach,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 185), 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. 243, Authorizing DEP promulgate legislative rule relating to requirements for operating permits.

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

    Com. Sub. for Senate Bill No. 243 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Environmental Protection; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to covered electronic devices recycling; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to hazardous waste administrative proceedings and civil penalty assessment; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to horizontal well development; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction and major modification of major stationary sources for the prevention of significant deterioration of air quality; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from the combustion of solid waste; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from hazardous waste treatment, storage and disposal facilities; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements for operating permits; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to water pollution control permit fee schedules; and authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the WV/NPDES regulations for coal mining facilities.

    And,

    Senate Bill No. 265, Authorizing DHHR promulgate legislative rule relating to Grade A pasturized milk.

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

    Com. Sub. for Senate Bill No. 265 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Health and Human Resources; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register and as amended by the Legislature; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to reportable diseases, events and conditions; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to general sanitation; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to Grade A pasturized milk; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to fees for services; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the regulation of opioid treatment programs; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to pulse oximetry newborn testing; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the regulation of opioid treatment programs; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to chronic pain management clinic licensure; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to minimum licensing requirements for residential child care and treatment facilities for children and transitioning adults in West Virginia; authorizing the Health Care Authority to promulgate a legislative rule relating to the West Virginia Health Information Network; and authorizing the Bureau of Senior Services to promulgate a legislative rule relating to the in-home care worker registry.

    With the recommendation that the two committee substitutes do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 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

    Senate Bill No. 384, Increasing certified legal education credits required for court-appointed attorneys in juvenile cases.

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

    Com. Sub. for Senate Bill No. 384 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §49-5-2 of the Code of West Virginia, 1931, as amended, relating to juvenile proceedings; increasing the number of certified legal education credits required to serve as a court-appointed attorney in juvenile cases; and providing for appointment of an attorney where no attorney who has completed the credits is available.

    And,

    Senate Bill No. 570, Cleaning up outdated language in code relating to elections.

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

    Com. Sub. for Senate Bill No. 570 (originating in the Committee on the Judiciary)--A Bill to repeal §3-1-10 of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-1-2a, §3-1-4, §3-1-21, §3-1-21a, §3-1-22, §3-1-26, §3-1-32, §3-1-36, §3-1-37, §3-1-38, §3-1-39, §3-1-42 and §3-1-49 of said code, all relating to clarifying language in article one, chapter three of the West Virginia Code; updating, removing or repealing outdated language; adjusting absentee ballot delivery requirement to meet federal and state code; adjusting certain provisions regarding disorder at polls; and clarifying that the Office of the Secretary of State shall hold a certain election training once every two years.

    With the recommendation that the two 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

    Senate Bill No. 406, Relating to Deputy Sheriff Retirement System Act.

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

    Com. Sub. for Senate Bill No. 406 (originating in the Committee on Finance)--A Bill to amend and reenact §7-14D-2, §7-14D-7, §7-14D-9, §7-14D-16 and §7-14D-19 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §7-14D-7a, all relating to the Deputy Sheriff Retirement System Act; adding a definition for the terms “retire” and “retirement”; requiring Consolidated Public Retirement Board to correct errors; correcting errors resulting from underpayment or overpayment; and clarifying that an estimation of benefits is provided prior to the submission of a retirement application from a member.

    With the recommendation that the committee substitute 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. 418, Relating to Emergency Medical Services Retirement System Act.

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

    Com. Sub. for Senate Bill No. 418 (originating in the Committee on Finance)--A Bill to amend and reenact §16-5V-2, §16-5V-8, §16-5V-11, §16-5V-20, §16-5V-21 and §16-5V-24 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §16-5V-8a and §16-5V-35, all relating to the Emergency Medical Services Retirement System; defining terms; making technical corrections; correction of participating public employer errors by the Consolidated Public Retirement Board; clarifying eligibility requirements for commencement of benefits; specifying that the board must provide an estimation of benefits upon a member’s request; providing that a member must have at least ten years of contributing service to qualify for nonservice-connected disability retirement; specifying that the total nonservice-connected disability award received by a member shall be based on his or her average monthly compensation during the twelve-month period immediately preceding the disability award; providing that all costs associated with disability benefit examinations shall be paid from the board’s expense fund; providing that disability benefits shall cease on the first day of the month following termination of disability by the board; requiring annual disability recertification for a retirant who is less than sixty years of age during the first five years of retirement and once every three years thereafter; providing that if a member who is receiving a nonduty disability benefit dies the surviving spouse shall receive the average monthly compensation received by the member prior to the disability award; and annuity calculation for a member who returns to covered employment after retirement.

    With the recommendation that the committee substitute 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. 419, Relating to Teachers Retirement System.

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

    Com. Sub. for Senate Bill No. 419 (originating in the Committee on Finance)--A Bill to amend and reenact §18-7A-3, §18-7A-14, §18-7A-17, §18-7A-23, §18-7A-25 and §18-7A-26 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18-7A-14c, all relating to the Teachers Retirement System; specifying the time period in which a participating public employer allocates and reports gross salary to the Consolidated Public Retirement Board; defining terms; correction of errors; requiring nonteachers to file a statement with the retirement board detailing the length of service being claimed for retirement credit; clarifying that members granted prior service credit for qualified military service must be honorably discharged from active duty; clarifying provisions for purchasing out-of-state service credit for members who transferred from the Teachers’ Defined Contribution Retirement System; providing that a nonteaching member shall not be considered absent from service while serving as an officer with a statewide professional teaching association; requiring that members make written requests to the retirement board to receive credit for service previously credited by the Public Employees Retirement System; providing that all interest paid or transferred on service credit from the Public Employees Retirement System be deposited in the reserve fund; providing that an inactive member may elect to receive an annuity at age sixty; providing that the sole primary beneficiary of a member is eligible for an annuity if the contributor was fifty years old with twenty-five years’ service; providing that a refund beneficiary shall receive the contributor’s accumulated contributions up to the plan year of contributor’s death; providing that a refund beneficiary shall be paid the Teachers’ Defined Contribution Retirement System member contributions transferred plus the vested portion of employer contributions and any earnings; providing that an actively contributing member who is at least sixty years of age is eligible for an annuity; providing that any member who has thirty years of total service in the state as a nonteaching member is eligible for an annuity; specifying that anyone who becomes a new member on or after July 1, 2013, must have five or more years of contributory service to qualify for retirement; providing that a nonteaching member who is fifty-five years of age and has served thirty years in the state is eligible for an annuity; clarifying that a nonteaching member is eligible for disability benefits; clarifying the computation of a member’s annuity; providing for the commencement date of disability annuity benefits; and making technical corrections.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    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. 421, Exempting certain school mascot from prohibition of firearms possession on school grounds.

    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 H. Plymale,

                                 Chair.

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

    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. 430, Defining "employment term" in Teachers' Defined Contribution Retirement System.

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

    Com. Sub. for Senate Bill No. 430 (originating in the Committee on Finance)--A Bill to amend and reenact §18-7B-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18-7B-21, all relating to the Teachers’ Defined Contribution Retirement System; adding a definition of “employment term”; making a technical correction; and adding a provision relating to correction of errors by participating public employers and the Consolidated Public Retirement Board.

    With the recommendation that the committee substitute 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. 431, Relating to public employer liability for delinquent retirement contributions.

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

    Com. Sub. for Senate Bill No. 431 (originating in the Committee on Finance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10D-11, relating to the liability of a participating public employer and its successor to pay delinquent retirement contributions, delinquency fees and related costs; and enforcement and collection of the costs by the Consolidated Public Retirement Board.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    Senator Laird, from the Committee on Natural Resources, submitted the following report, which was received:

    Your Committee on Natural Resources has had under consideration

    Senate Bill No. 466, Creating Dangerous Wild Animals Act.

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

    Com. Sub. for Senate Bill No. 466 (originating in the Committee on Natural Resources)--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, §19-34-6, §19-34-7, §19-34-8, §19-34-9 and §19-34-10, all relating to the regulation of dangerous wild animals; creating the Dangerous Wild Animal Board; setting forth the duties of the board; requiring the board to create a list of dangerous wild animals by rule; permitting the board to issue a permit for a dangerous wild animal legally possessed prior to the effective date of the rules; prohibiting the possession of a dangerous wild animal thereafter; setting forth permit requirements; providing for confiscation and disposition of animals; permitting the suspension and revocation of permits; providing exemptions; providing rule-making and emergency rule-making authority; and establishing criminal and civil penalties.

    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,

                               William R. Laird IV,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 466), under the original double committee reference, was then referred to the Committee on Finance.

    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. 469, Clarifying service credit for certain PERS members.

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

    Com. Sub. for Senate Bill No. 469 (originating in the Committee on Finance)--A Bill to amend and reenact §5-10-14 and §5-10-18 of the Code of West Virginia, 1931, as amended, all relating to service credit; retroactive service credit; and reinstatement interest in the Public Employees Retirement System.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 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 Senator Unger:

    Senate Bill No. 597--A Bill to amend and reenact §18-5-13 of the Code of West Virginia, 1931, as amended, relating to permitting county boards of education to sell advertising on the exteriors of school buses; setting forth the conditions to be met and prohibitions; requiring the county boards to adopt rules concerning the advertising; and setting forth how the revenue from the advertising is to be used.

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

    By Senators Kirkendoll, Snyder, Williams, Stollings and Plymale:

    Senate Bill No. 598--A Bill to amend and reenact §22B-3-1 of the Code of West Virginia, 1931, as amended, relating to permitting individuals from state departments and agencies, except the Department of Environmental Protection, who have received a significant portion of their income, during a two-year period, from national pollutant discharge elimination system permit holders and applicants for certain state permits to serve as members of the Environmental Quality Board.

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

    By Senators Edgell, Miller, Kirkendoll, Green, Unger and Kessler (Mr. President):

    Senate Bill No. 599--A Bill to amend and reenact §29-6-4 of the Code of West Virginia, 1931, as amended, relating to expanding the number of hours temporary state personnel may work in a calendar year.

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

    By Senators Yost, Edgell, Barnes, Facemire and Cann:

    Senate Bill No. 600--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6-9-8a, relating to establishing a one-time audit cost amnesty program for local governments with delinquent audit costs.

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

    By Senators Cookman, Walters and Stollings:

    Senate Bill No. 601--A Bill to amend and reenact §49-5-18 of the Code of West Virginia, 1931, as amended, relating to keeping the records of a juvenile proceeding confidential; and removing the requirement of sealing the records.

    Referred to the Committee on the Judiciary.

    By Senators Yost and Fitzsimmons:

    Senate Bill No. 602--A Bill to authorize the Commissioner of the West Virginia Division of Highways to allow an increase of gross weight limitations on certain roads in Brooke County.

    Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Government Organization.

    By Senators Walters, Palumbo and Wells:

    Senate Bill No. 603--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-18f, relating to county boards of education; licensed school psychologists; and providing that the maximum licensed school psychologist-pupil ratio is fifteen hundred pupils for each licensed school psychologist.

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

    By Senators Kessler (Mr. President) and Fitzsimmons:

    Senate Bill No. 604--A Bill to amend and reenact §3-8-1a of the Code of West Virginia, 1931, as amended, relating to the regulation and control of elections, generally; and expanding the definition of “electioneering communication” to include certain nonbroadcast media.

    Referred to the Committee on the Judiciary.

    By Senators Edgell, Facemire, Prezioso and Plymale:

    Senate Bill No. 605--A Bill to repeal §60-9-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60-9-4 and §60-9-6 of said code, all relating to eliminating duplicative reporting requirements imposed on distributors of imported cigarettes.

    Referred to the Committee on the Judiciary.

    By Senators Cookman, Tucker, Laird, D. Hall, Carmichael, Walters, Plymale and Kessler (Mr. President):

    Senate Bill No. 606--A Bill to amend and reenact §23-5-16 of the Code of West Virginia, 1931, as amended, relating to access to justice; providing that attorney fees may be awarded in workers’ compensation medical treatment cases; and providing fee limits.

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

    By Senator Wells:

    Senate Bill No. 607--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-8-17, relating to prohibiting certain noncompetition clauses in contracts between broadcast industry employers and employees; prohibiting waiver; and imposing civil liability on violators for damages, attorney's fees and costs.

    Referred to the Committee on the Judiciary.

    By Senator Walters:

    Senate Bill No. 608--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-20-8b, relating to animal protection in shelters; and creating a system of efforts to find an organization to save animals.

    Referred to the Committee on the Judiciary.

    By Senators Laird, Cookman, Miller, Snyder, Stollings, Wells, Yost, Plymale, Fitzsimmons and Jenkins:

    Senate Bill No. 609--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §25-8-1, relating to authorizing the Division of Corrections to implement a responsible parent program pilot project; setting forth requirements to participate in the program; setting forth program goals; and requiring a report.

    Referred to the Committee on the Judiciary.

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

    Senate Bill No. 610--A Bill to amend and reenact §25-1-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §28-3-23, all relating to juvenile services and criminal justice institutions; renaming the Industrial Home for Youth as the Salem Correctional Center; transferring control of the Salem Correctional Center from the Division of Juvenile Services to the Division of Corrections; and authorizing the Parkersburg Correctional Center and listing it and the Salem Correctional Center among the institutions managed by the Division of Corrections.

    Referred to the Committee on Government Organization.

    By Senators Snyder, Kirkendoll, Tucker, Chafin, Palumbo, Wells, Nohe and Sypolt:

    Senate Bill No. 611--A Bill to amend and reenact §36B-1-103, §36B-1-104, §36B-1-108, §36B-1-201, §36B-1-203 and §36B-1-204 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto three new sections, designated §36B-1-115, §36B-1-116 and §36B-1-208; to amend and reenact §36B-2-109, §36B-2-112, §36B-2-116, §36B-2-117 and §36B-2-119 of said code; to amend said code by adding thereto two new sections, designated §36B-2-123 and §36B-2-124; to amend and reenact §36B-3-102, §36B-3-103, §36B-3-105, §36B-3-106, §36B-3-108, §36B-3-110, §36B-3-112, §36B-3-116 and §36B-3-118 of said code; to amend said code by adding thereto five new sections, designated §36B-3-120, §36B-3-121, §36B-3-122, §36B-3-123 and §36B-3-124; and to amend and reenact §36B-4-103, §36B-4-109, §36B-4-112, §36B-4-116 and §36B-4-117 of said code, all relating to updating the Uniform Common Interest Ownership Act; and providing for applicability of the chapter.

    Referred to the Committee on the Judiciary.

    By Senator Barnes:

    Senate Bill No. 612--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22l, relating to prohibiting a public employee retirant from being reemployed by the state within one year of retiring.

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

    By Senator Barnes:

    Senate Bill No. 613--A Bill to amend and reenact §60A-2-208 and §60A-2-212 of the Code of West Virginia, 1931, as amended, all relating to moving the narcotic drug buprenorphine, sold as Suboxone or Subutex, from its current Schedule V substance classification to Schedule III.

    Referred to the Committee on the Judiciary.

    By Senators Barnes and McCabe:

    Senate Bill No. 614--A Bill to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as amended, relating to allowing county commissions the option of putting before the voters of the county the question of whether Sunday hunting should be permitted on private lands in the county with the written consent of the landowner.

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

    By Senator Kessler (Mr. President):

    Senate Bill No. 615--A Bill to amend and reenact §29-22A-10 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-22C-8 of said code, all relating to providing for distribution of certain amounts of net terminal income derived from racetrack video lottery terminals; and amending the method for determining a table game license renewal fee for West Virginia pari-mutuel racetracks.

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

    By Senator McCabe:

    Senate Bill No. 616--A Bill to amend and reenact §22C-9-1, §22C-9-2, §22C-9-3 and §22C-9-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §22C-9-7a, all relating to generally oil and gas conservation; providing for the integration of interests in drilling units in connection with horizontal shallow oil or gas wells; setting forth application requirements; establishing the standard of review; providing for integration orders; requiring notice and timeliness; providing for hearings; addressing oil and gas produced from horizontal wells, vertical shallow wells and unconventional reservoirs; adding new definitions; and modifying existing definitions.

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

    By Senator Carmichael:

    Senate Bill No. 617--A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended, relating to serious traffic offenses; driving under the influence of alcohol, controlled substances or drugs; increasing the criminal penalties; and providing that the changes may be cited as Andrea’s Law.

    Referred to the Committee on the Judiciary.

    By Senator Carmichael:

    Senate Bill No. 618--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-28-1, §11-28-2, §11-28-3, §11-28-4, §11-28-5 and §11-28-6, all relating to creating the Tax Revenue Act of 2013; increasing taxes on tobacco, beer, wine and liquor; providing for assessment of business machinery and equipment to be assessed at salvage value; establishing a special account for the increased revenue; providing that the first $1 million received from the increases be directed to the West Virginia Department of Agriculture to assist farmers with tobacco crop replacement programs; and permitting counties to make application for distribution of an amount equal to the 2012 revenue received by the county from the personal property tax on business machinery and equipment.

    Referred to the Committee on Finance.

    By Senator Carmichael:

    Senate Bill No. 619--A Bill to amend and reenact §21A-6-3 of the Code of West Virginia, 1931, as amended, relating to disqualification for unemployment benefits.

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

    By Senator Snyder:

    Senate Bill No. 620--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-9-1 and §29-9-2; and to amend said code by adding thereto a new section, designated §30-1-6c, all relating to requiring state agencies, boards, commissions and entities and Chapter 30 boards to give tests regionally; providing a waiver; and authorizing online testing.

    Referred to the Committee on Government Organization.

    By Senators Miller, Laird and Snyder:

    Senate Bill No. 621--A Bill to amend and reenact §16-1-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §22-1-3 of said code, all relating to requiring the Commissioner of the Bureau for Public Health to conduct a public health impact statement assessing the health impact of any new, or modification to, air or water rule proposed by the Secretary of the Department of Environmental Protection; and requiring the Secretary of the Department of Environmental Protection to incorporate findings of the impact statement into the proposed rule.

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

    By Senators Kessler (Mr. President), Green, Kirkendoll, Barnes, Cann, Facemire, Miller, D. Hall, Beach, Boley, Carmichael, Chafin, Edgell, Fitzsimmons, M. Hall, Snyder, Stollings, Sypolt, Tucker, Walters, Wells, Williams, Yost, Unger, McCabe, Palumbo and Jenkins:

    Senate Bill No. 622--A Bill to amend and reenact §5-6-4a of the Code of West Virginia, 1931, as amended; to amend and reenact §18B-1-6 of said code; to amend and reenact §18B-1B-4 of said code; to amend and reenact §18B-2A-3 and §18B-2A-4 of said code; to amend and reenact §18B-9A-2 of said code; to amend and reenact §18B-10-1 of said code; and to amend said code by adding thereto a new section, designated §18B-19-19, all relating to higher education; providing additional authority to and flexibility measures for certain state institutions of higher education; excepting certain institutions from certain required reports to the Joint Committee on Government and Finance regarding real property contracts and agreements; modifying rule-making requirements and authority granted to certain institutions; modifying, reducing or eliminating requirements related to the review or approval by the Higher Education Policy Commission of capital projects and facilities, capital project financing, compensation packages for presidents, course credit transfer rules, tuition and fee policies and academic programs with respect to certain institutions; excepting certain institutions from the supervision of the Higher Education Policy Commission; excepting certain institutions from laws and rules relating to the administration of personnel matters, including classification, compensation and discipline; expanding the definition of “nonclassified employee” at certain institutions; transferring to certain institutions authority to approve tuition and fee increases; and providing flexibility and transferring to certain institutions the authority to undertake, develop, maintain and finance capital projects, campus development plans and related infrastructure and items.

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

    By Senators Plymale, Chafin, Cole, Stollings, Cookman, Cann and Jenkins:

    Senate Bill No. 623--A Bill to amend and reenact §18-20-5 of the Code of West Virginia, 1931, as amended, relating to allowing certain funding for supporting children with high acuity needs to also be used to fund probation officer positions needed to address truancy; and making technical corrections.

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

    By Senators Palumbo, Cookman, Stollings, Barnes, Kessler (Mr. President) and Fitzsimmons:

    Senate Bill No. 624--A Bill to amend and reenact §61-5-29 of the Code of West Virginia, 1931, as amended, relating to adjusting penalties for willful failure to pay child support; requiring probation and home confinement instead of confinement in a correctional facility for first violations; making second offense a misdemeanor and third and subsequent offenses a felony; and requiring a person convicted of willfully failing to pay child support to obtain employment or register with Workforce West Virginia, including following certain programs.

    Referred to the Committee on the Judiciary.

    By Senator Plymale:

    Senate Bill No. 625--A Bill to amend and reenact §12-3-18 of the Code of West Virginia, 1931, as amended, relating to payment of claims by a body charged with the administration of the fiscal affairs of any county, school district, independent school district or municipality.

    Referred to the Committee on Government Organization.

    By Senator Wells:

    Senate Joint Resolution No. 9--Proposing an amendment to the Constitution of the State of West Virginia, amending section 18, article VI thereof, relating to the time and place of assembly and length of legislative session; changing the date for organization of each house of the Legislature by the election of its officers to December 1, following a general election; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

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

    By Senator Wells:

    Senate Joint Resolution No. 10--Proposing an amendment to the Constitution of the State of West Virginia, amending section fifty-one, article VI thereof; and section fourteen, article VII thereof, all relating to ensuring the Legislature’s opportunity to reconsider any bill vetoed by the Governor; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

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

    Senators Stollings, Edgell, Kirkendoll and Beach offered the following resolution:

    Senate Concurrent Resolution No. 28--Requesting the Division of Natural Resources study the feasibility of making the Upper Mud River Wildlife Management and Recreation Area in Lincoln County a state park or other designated area, as may be appropriate.

    Whereas, The Upper Mud River Wildlife Management and Recreation Area is part of the Upper Mud River Site 2-A Multipurpose Flood Control Recreation Project built by the United States Department of Agriculture Natural Resources Conservation Service, the Soil Conservation Agency and the Division of Natural Resources. Project sponsors include the following entities: Soil Conservation Agency, Guyan Soil Conservation District, Lincoln County Commission and the Division of Natural Resources. The total area comprises 1,600 acres, including a 307-acre lake and required twenty-five years to complete at a cost of $25 million; and

    Whereas, The Upper Mud River Dam is a 75-foot dam that creates a 307-acre lake that can store 8,850 acre-feet of flood water, temporarily storing runoff water during periods of high rainfall and protecting the town of Hamlin from the risk of flood damage. The recreational facilities of the project were completed and opened to the public in July, 1999. The recreation and support facilities of the project include the following: Access roads, boat launch ramp, fishing access for physically challenged anglers, hiking trails, swimming, beach, playground equipment, picnic shelters, softball field, restrooms, picnic tables, sewage treatment system, water treatment system, superintendent’s residence, office and storage facility and fuel storage facility. The Mud River Dam was built to assist in the control of floods and to provide some recreation. The dam has two boat docks and two man-made beaches. One of the beaches is fully developed with bath house and eighty picnic tables with grills and a covered shelter. The second beach is located on the Left Fork at what is known as Camp Lakeview. This is fifty acres set aside for a youth camp and has a caretaker house with some rustic camping. Near the dam is a private campground on Route 7 north of the main dam. Near the main beach is a covered stage for performing events. The county provides a bluegrass and gospel program each spring/summer. Other private events are scheduled as requested. On the south end of the dam is a certified shooting range for public use. The range contains eight shooting stations with twenty-five, fifty, seventy-five and one hundred yards of target shooting. The Lincoln County commission provides one shooting event open to the public free of charge with prizes being provided for each event. Just south of the main dam is a fully functional boat dock with parking for forty vehicles and a bathroom facility and covered picnic area. Once a year in the spring, the Lincoln County commission provides and sponsors a kids’ fishing tournament for ages four through fourteen years with the theme of "Hooked on Fishing not Drugs". The Mud River Dam is within five miles of a future horse park as provided in an agreement with Hobet Mining, Robin Land Company and the Lincoln County commission. The location is east of the dam on Route 7. A 100-acre site will provide a horse ring, camping and other recreation; and

    Whereas, The Division of Natural Resources signed a lease agreement in February, 1996, with the Lincoln County commission to manage 1,425 acres of the project area as a wildlife management area for the benefit and enjoyment of Lincoln County residents and other visitors. The wildlife management area activities include: Forty acres of wildlife clearings, eighteen wood duck nest boxes, management and stocking of fish, the release of black bears in the area and hunting opportunities. During 2000 alone, an estimated 11,705 anglers, 351 hunters and 14,350 other outdoor enthusiasts utilized the Wildlife Management and Recreation Area. The residents of the area served by the Upper Mud River Wildlife Management and Recreation Area and other visitors utilize and enjoy the facilities on a regular basis; and

    Whereas, The Mud River Dam is near the Big Ugly Wildlife Hunting Area and a future site for the second Hatfield and McCoy Trail System. Once completed this system will be near the dam, the horse park and the Ivy Branch System. The Hatfield and McCoy Trails in Lincoln County is scheduled to open on Ivy Branch which is located near U. S. 119 and the Boone County Hatfield and McCoy Trail System. These two systems will be connected by means of a low-water bridge near the Boone County Trail Head. This will provide access to established campgrounds on U. S. 119 and the Boone County Water Ways. On County Route 7 just below the dam is a private campground with full hook up and cabins. All of these provisions will create a hub for recreation in a ten-mile radius in Boone and Lincoln counties; and

    Whereas, Several area residents have voiced the opinion that they would like to see the area developed into a state park or other designated area, as may be appropriate, to broaden the opportunities for the project; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Natural Resources is hereby requested to study the feasibility of making the Upper Mud River Wildlife Management and Recreation Area in Lincoln County a state park or other designated area, as may be appropriate; and, be it

    Further Resolved, That the Division of Natural Resources shall prepare a comprehensive plan for the development and utilization of the area with timelines and budget projections; and, be it

    Further Resolved, That the Division of Natural Resources report to the Joint Committee on Government and Finance on its findings, conclusions, recommendations and its comprehensive plan, together with drafts of any legislation necessary to effectuate its recommendations, on or before December 1, 2013.

    Which, under the rules, lies over one day.

    Senators Wells, McCabe, Palumbo, Walters and Stollings offered the following resolution:

    Senate Concurrent Resolution No. 29--Requesting the Division of Highways to name the bridge designated bridge number 20-64-54.37 the “Cpl. Kenneth R. Hess Bridge”.

    Whereas, Cpl. Kenneth R. Hess was born on May 21, 1921, in Buena Vista, Virginia; and

    Whereas, Cpl. Kenneth R. Hess was inducted into the United States Army on August 6, 1942, at the age of twenty-one; and

    Whereas, Cpl. Kenneth R. Hess spent eleven months overseas, serving in England, France, Belgium, Holland and Germany during the Second World War; and

    Whereas, Cpl. Kenneth R. Hess was a member of Company D of the 377th Infantry Regiment of the 95th Infantry Division organized in Texas; and

    Whereas, The members of the 95th Infantry Division are known as the “Iron Men of Metz”, and renowned for fighting back fierce German counterattacks and for the eventual liberation of the town of Metz, in the northeast of France; and

    Whereas, The people of Metz, and of France, have never forgotten the contributions of the Iron Men of Metz; and

    Whereas, In honor of his service, which included maintaining and repairing weapons of an infantry heavy weapons company, Cpl. Kenneth R. Hess was honored by the French government with the Orde National de la Legion d’Honneur, presented to him in a ceremony at the French Embassy in Washington, D. C.; and

    Whereas, Cpl. Kenneth R. Hess was also honored by the United States Army with a Good Conduct Medal, three Bronze Service Stars, France and Germany Theater Ribbons and an American Theater Ribbon; and

    Whereas, Cpl. Kenneth R. Hess was honorably discharged from the United States Army on November 11, 1945; and

    Whereas, Cpl. Kenneth R. Hess returned to the United States, where he worked for thirty-eight years as a millwright at Union Carbide until his retirement; and

    Whereas, It is fitting and proper that the outstanding service to his country by Cpl. Kenneth R. Hess be honored by naming the bridge designated bridge number 20-64-54.37 the “Cpl. Kenneth R. Hess Bridge”; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name the bridge designated bridge number 20-64-54.37, the “Cpl. Kenneth R. Hess 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 “Cpl. Kenneth R. Hess Bridge”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to Cpl. Kenneth R. Hess.

    Which, under the rules, lies over one day.

    Senators D. Hall, Green and Stollings offered the following resolution:

    Senate Concurrent Resolution No. 30--Requesting that bridge number 55-10-43.05 on Route 10 in Cyclone, Wyoming County, West Virginia, be named the “Army SP4 Jackie (Hearn) McMillion Memorial Bridge”.

    Whereas, Jackie (Hearn) McMillion was born on February 9, 1945, in Boyd County, Kentucky, and moved to Cyclone, West Virginia, at the age of two; and

    Whereas, Jackie (Hearn) McMillion attended Road Branch Grade School and graduated from Oceana High School in 1963; and

    Whereas, Jackie (Hearn) McMillion enlisted in the United States Army on June 6, 1963, and completed his basic training at Fort Knox, Kentucky; and

    Whereas, Jackie (Hearn) McMillion served with the Fourth Cavalry Airborne Division in Vietnam and achieved the rank of Specialist Four; and

    Whereas, SP4 Jackie (Hearn) McMillion was killed in action at Au Bau Bang in the Binh Duong province of South Vietnam on November 12, 1965, the only resident of Cyclone, West Virginia, to lose his life while on active duty in Vietnam; and

    Whereas, SP4 Jackie (Hearn) McMillion was survived by his wife, Lois Altizer McMillion; daughter, Jackie McMillion, whom he never met; parents, Mr. and Mrs. W. H. Hearn; nine brothers, Donald, James, Herbert, Ronald, Henry, William, Scott, David and Jeffery Hearn; six sisters, Mrs. Betty Hogg and Mary, Virginia, Lottie, Kathy and Bertha Hearn; and grandparents Mr. and Mrs. Sherman McMillion; and

    Whereas, It is fitting and proper that SP4 Jackie (Hearn) McMillion be remembered and acknowledged for his courageous action and ultimate sacrifice; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name bridge number 55-10-43.05 on Route 10 in Cyclone, West Virginia, the “Army SP4 Jackie (Hearn) McMillion 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 “Army SP4 Jackie (Hearn) McMillion 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 Secretary of the Department of Transportation and to the surviving family of SP4 Jackie McMillion.

    Which, under the rules, lies over one day.

    Senators Kessler (Mr. President), Edgell, Beach and Plymale offered the following resolution:

    Senate Concurrent Resolution No. 31--Requesting the Division of Highways to place signs at the Tyler County line on WV Route 2, entering from Pleasant County at mile point 0.00, entering from Wetzel County at mile point 13.93 and on WV Route 18 entering from Doddridge County at mile point 0.00, that read “Home of the 2011 FFA National Champions”.

    Whereas, The sixtieth annual 4-H and FFA National Land and Range Judging Contest was held in Oklahoma City, Oklahoma, May 3-5, 2011; and

    Whereas, The Tyler County FFA chapter qualified for the national event by placing among the top five teams at contests held in West Virginia; and

    Whereas, The Tyler County FFA chapter was represented at the 2011 National Land and Range Judging Contest by George Hilvers, Emily Wells, Ashley Cochran and Ashley Watson, with the help of Coach Leon Ammons; and

    Whereas, National championship titles were awarded to team and individual winners in each category of Land Judging, Range Judging and Homesite Evaluation, with ninety-three FFA teams and 347 FFA individual contestants competing; and

    Whereas, In Land Judging teams and contestants evaluate the soil for its best agricultural use and in Homesite Evaluation they evaluate the soil to determine if it would be a good site to build a home; and

    Whereas, Emily Wells placed ninth individually in both the Land Judging and Homesite Evaluation contests; and

    Whereas, George Hilvers placed tenth individually in the Homesite Evaluation contest; and

    Whereas, Together the Tyler County FFA chapter won the National Champions title in both Land Judging and Homesite Evaluation; and

    Whereas, The Tyler County FFA team is only the fourth chapter in the National Land and Range Judging Contest’s sixty-year history to win double National Champion titles; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to place signs at the Tyler County line on WV Route 2, entering from Pleasant County at mile point 0.00, entering from Wetzel County at mile point 13.93 and on WV Route 18 entering from Doddridge County at mile point 0.00, that read “Home of the 2011 FFA National Champions”; and, be it

    Further Resolved, That the Clerk of Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways, George Hilvers, Emily Wells, Ashley Cochran, Ashley Watson and Leon Ammons.

    Which, under the rules, lies over one day.

    Senators Beach, Prezioso, Kessler (Mr. President), Edgell, Williams, Sypolt, Plymale, Palumbo, McCabe, Wells, Yost, Snyder, Unger and Stollings offered the following resolution:

    Senate Resolution No. 44--Designating March 22, 2013, as “West Virginia University and West Virginia University Extension Day at the Capitol”.

    Whereas, The United States Congress in 1862, during the Civil War, sought to energize the intellectual resources of the nation by making higher education accessible to the public; and

    Whereas, President Abraham Lincoln supported and signed this legislation one hundred fifty years ago because it contained ideals vital to the future of the nation and because it was able to be executed through the allocation of land grants; and

    Whereas, The legislation, known as the Morrill Act, later manifested itself in West Virginia through West Virginia University; and

    Whereas, West Virginia University is the state’s first and largest land-grant university, which is dedicated to serving the citizens of West Virginia; and

    Whereas, The West Virginia University Extension Service, the primary outreach arm of West Virginia University, is the “front porch” of WVU, with an office in each of the state’s fifty-five counties, with trusted research delivered by local extension agent experts in areas of youth development, agriculture, community development and families and health; and

    Whereas, The West Virginia University Extension Service, with the help of 6,500 adult volunteers, conducts the 4-H youth development program - the state’s largest youth organization - in which more than 84,600 youths learn leadership, citizenship and life skills through local groups and camps in their counties and at WVU Jackson’s Mill, site of the nation’s first state 4-H camp; and

    Whereas, West Virginia University Extension Service agents and staff have been knowledgeable, dependable, enthusiastic and effective partners with county commissioners, school administrators, educators, law-enforcement personnel, health providers, miners, farmers, families and civic leaders; therefore, be it

    Resolved by the Senate:

    That the Senate hereby designates March 22, 2013, as “West Virginia University and West Virginia University Extension Day at the Capitol”; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the President of West Virginia University, James P. Clement, and to the West Virginia University Extension Service.

    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.

    The President then stated the hour had arrived for the special order of business, as to

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

    On unfinished business, coming up as a special order, was reported by the Clerk.

    The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:

    On page six by striking out the Resolved clause and inserting in lieu thereof a new Resolved clause to read as follows:

    “That the Division of Highways is hereby requested to name all sections, existing and to-be-constructed, of the King Coal Highway, I-73/74, running through Mingo County, West Virginia, the “Mike Whitt Memorial Highway”; and, be it”;

    On pages six and seven, by striking out the first Further Resolved clause and inserting in lieu thereof a new Further Resolved clause to read as follows:

    “That the Division of Highways is hereby requested to have made signs, to be erected at the beginning and end of each section of the Highway and at regular intervals along both sides of the highway, that state, in bold, prominent lettering, the “Mike Whitt Memorial Highway”; and, be it”;

    And,

    On page one by striking out the title and substituting therefor a new title, to read as follows:

    House Concurrent Resolution No. 42--Requesting the Division of Highways to name all sections of the King Coal Highway, I-73/74, running through Mingo County, West Virginia, the "Mike Whitt Memorial Highway".

    The question now being on the adoption of the resolution, as amended, 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.

    On motion of Senator Unger, the Senate recessed for one minute.

    Upon expiration of the recess, the Senate reconvened.

    The special order of business having been concluded, the Senate then resumed business under the seventh order.

    Senate Concurrent Resolution No. 26, Supporting commitments made to Patriot Coal employees.

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

    Senate Concurrent Resolution No. 27, Designating "My Home Among the Hills" official state song.

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

    The Senate proceeded to the eighth order of business.

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

    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, 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. 201) 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 Com. Sub. for Senate Bill No. 341, Relating to livestock fencing and trespassing.

    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, 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. 341) passed with its title.

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

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

    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, 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. S. B. No. 407) passed with its title.

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

    The Senate proceeded to the ninth order of business.

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

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

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

    On second reading, coming up in regular order, was read a second time.

    The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:

    On page seventeen, section nine, line ninety-eight, after the word “contrary,” by inserting the following: “the division may not enter into any comprehensive agreements with a developer after the thirtieth day of June, two thousand seventeen.

    (h) Notwithstanding any provision of this article to the contrary,”.

    The bill (S. B. No. 190), as amended, was then 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.

    On motion of Senator Palumbo, the bill was referred to the Committee on Finance.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    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 Com. Sub. for Senate Bill No. 158, Creating Complete Streets Act.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 187, Creating Jobs Impact Statement Act.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 336, Relating to interscholastic athletics concussions and head injuries.

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

    Com. Sub. for Senate Bill No. 414, Clarifying hunting and fishing license-issuing authorities.

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

    Com. Sub. for Senate Bill No. 440, Relating to disclosure of specified tax information for enforcement of Tobacco Master Settlement Agreement.

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

    Com. Sub. for Senate Bill No. 445, Allowing Tax Commissioner divert lottery prizes to offset tax liabilities of lottery winners.

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

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

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

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

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

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

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

    Com. Sub. for Senate Bill No. 565, Creating reverse auction pilot program for purchasing office supplies.

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

    Senate Bill No. 571, Extending time Oceana City Council can meet as levying body.

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

    On motion of Senator Unger, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.

    On suspending the constitutional rule, 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.

    The bill was read a second time and ordered to engrossment and third reading.

    Engrossed Senate Bill No. 571 was then read a third time and put upon its passage.

    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. S. B. No. 571) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    On this question, 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, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 571) takes effect from passage.

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

    Com. Sub. for Senate Bill No. 584, Creating Pretrial Release Program.

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

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

    On motion of Senator Unger, the Senate adjourned until Monday, March 25, 2013, at 11 a.m.

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