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Senate Journal


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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2014

THIRTY-EIGHTH DAY

____________

Charleston, W. Va., Friday, February 14, 2014

    The Senate met at 11 a.m.

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

    Prayer was offered by Chaplain Edward Eisley, Salem Correctional Center, Industrial, West Virginia.

    Pending the reading of the Journal of Thursday, February 13, 2014,

    On motion of Senator Jenkins, 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 Nick Pineda 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. 4154--A Bill to amend and reenact §11-14C-9 of the Code of West Virginia, 1931, as amended, relating to clarifying that the refundable amount from the flat rate component of the motor fuel excise tax for certain qualified persons remains six cents per gallon.

    Referred to the Committee on Finance.

    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. 4237--A Bill to amend and reenact §16-9A-2, §16-9A-3, §16-9A-4, §16-9A-7 and §16-9A-8 of the Code of West Virginia, 1931, as amended, all relating to restrictions placed on products containing nicotine; defining vapor products and alternative nicotine products; exclusions; limiting the use of and sale of vapor products and alternative nicotine products to persons under the age of eighteen in the same manner as tobacco and tobacco products; prohibiting the sale or furnishing of vapor products and alternative nicotine products to individuals under eighteen years of age; prohibiting the use and possession of vapor products or alternative nicotine product by an individual under eighteen years of age; allowing employers to dismiss an employee for cause for the knowing or intentional sale or furnishing of vapor products or alternative nicotine products to someone under the age of eighteen; allowing for the conduct of unannounced inspections to ensure compliance with sales restrictions; restricting the use of vapor products and alternative nicotine products on school grounds; restricting the sale of vapor products and alternative nicotine products in vending machines; criminal penalties; civil penalties; defenses and rulemaking.

    Referred to the Committee on Health and Human Resources; and then 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. 4412--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-16-11b; and to amend and reenact §60-8-3 of said code, all relating to creating a special one-day license for charitable events to sell certain alcoholic beverages; creating a one-day special one-day license for authorized nonprofit entities to sell nonintoxicating beer at charitable events; clarifying the existing one-day special license for authorized nonprofit entities to sell wine at charitable events; establishing a fee for the special one-day licenses; and rulemaking.

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

    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. 2--Requesting the Division of Highways to rename the Switzer Beam Span over Island Creek on State Route 44, near Switzer, Logan County, bridge number 23-44-12.61 (23A111), in District 2, the “USMC CPL Larry G. Curnutte 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. 3--Requesting that bridge number 23-110/20-0.23 (23A289) located on County Route 110/20 in Logan, West Virginia, crossing the side channel of the Guyandotte River and locally known as the Logan High School Bridge, the “Army Major Thomas McElwain 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. 4--Requesting that bridge number 23-5-4.91 (23A018) on Route 5 in Logan County, West Virginia, the “Army Corporal Eldred Jennings Hensley 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. 5--Requesting that bridge number 23-119/5-1.00 (23A129), on Route 119/5, otherwise known as the Pine Creek Road, in Pine Creek, outside of Omar, Logan County, West Virginia, be named the “Army Sergeant Elzie Mundy, Jr. 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. 6--Requesting that bridge number 23-16-5.11 (23A094) on County Route 16, Buffalo Creek Road at Amherstdale, Logan County, West Virginia, be named the “Marine LCpl Benny A. Gilco 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. 7--Requesting the Division of Highways to name a section of County Route 16, known as the Buffalo Creek Road, running through the unincorporated community of Lorado, Logan County, West Virginia, from the Lorado highway marker on the eastern edge of the community to the Lorado highway marker on the western edge of the community, the "Kerry Albright 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. 8--Requesting the Division of Highways to name the bridge crossing Pine Creek at Omar, Logan County, bridge number 23-119/5-0.23 (23A128), the “Oral Gene Castle 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. 24--Requesting the Division of Highways to name the bridge known as the Dempsey Bottom Bridge in Dempsey, Mingo County, bridge number 30-65/75-0.01 (30A280), as the “Fredrick Dempsey 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. 26--Requesting the Division of Highways to build the bridge on County Route 65/03 located near Tug Valley High School in Naugatuck, Mingo County.

    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. 28--Requesting the Division of Highways to name bridge number 30-49-0.01 (30A056) on Route 49 in Mingo County, the "William S. (Bill) Croaff 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. 30--Requesting the Division of Highways to name the Burch High School Bridge, bridge number 30-52/35-0.04 (30A148), in Mingo County, as the “Everett Ronnie Fields, 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

    Com. Sub. for House Concurrent Resolution No. 32--Requesting the Division of Highways to name bridge number 23-119/5-1.45 (23A249) in Pine Creek, Logan County, as the “Joe “Toby” Slade 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. 33--Requesting that bridge number 23-10-19.72 (23A039) on Route 10 in Logan County, West Virginia, be named the “Army Sergeant Andrew Clark 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. 34--Requesting that bridge number 23-10-22.06 (23A040) on Route 10 in Logan County, West Virginia, be named the “Marine Private Rudy Varney Bridge - Purple Heart Recipient”.

    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 the Division of Highways to name the West Virginia 73 Overpass at the Logan exit of Route 119, Logan, Logan County, bridge number 23-119-5.67 (23A254), as the “Army SGT Billy E. Vinson 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. 38--Requesting the Division of Highways to name bridge number 20-61-4.63 (20A776), crossing Paint Creek on United States Route 61, in Kanawha County, the “W. T. (Big Bill) Elswick 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. 44--Requesting the Division of Highways to rename the Roderfield Box Beam Bridge, bridge number 24-52-12.79 (24A295), crossing over Spice Creek in McDowell County, the "Carnie L. Spratt 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. 46--Requesting the Division of Highways to name a stretch of road beginning at 20 Whitman Church and up Whitman Creek one mile in Logan County, "Ingram’s Way”.

    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. 49--Requesting that the 0.2 mile of roadway beginning at the Crawley Creek exit off Route 119/27 at Chapmanville in Logan County, West Virginia, and ending at Route 3 be named the “Army PFC Lilborn Dillon Memorial 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. 50--Requesting the Division of Highways name Lee Chapman Road, County Route 47/2, off Trace Creek Road in Milton, Cabell County, as the “Fleming Drive”.

    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. 52--Requesting the Division of Highways to name bridge number 41-1-24.51 (41A009) on Maple Fork Road where it connects with Cirtsville Road in Raleigh County, the “Kenneth A. Chapman, 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

    Com. Sub. for House Concurrent Resolution No. 60--Requesting the Division of Highways to name the bridge on Route 279 between the FBI CJIS Division and Route 50 crossing Interstate 79 (Jerry Dove Exit 124), bridge number 17-279-1.66 (17A314), in Harrison County, the "Lester W. ‘Cappy’ Burnside, Jr. 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. 61--Recognizing the West Virginia Center for Science Technology Engineering & Mathematics (STEM) in Green Bank, Pocahontas County, and requesting the Congressional Delegation from the State of West Virginia’s assistance in restoring federal funding for the National Radio Astronomy Observatory in Green Bank, Pocahontas County.

    Referred to the Committee on Education.

    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. 62--Requesting the Division of Highways to name bridge number 31-119/39-0.12 (31A281) crossing over Deckers Creek in Morgantown, Monongalia County, the "John W. Pyles 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. 63--Requesting the Division of Highways to name bridge number 20-79/6 000.01 (20A661) in Sharon, Kanawha County, as the “Army SPC Gary Wayne Hudnall 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. 65--Requesting that bridge number 40-25/2-0.13 (40A153) on 40th Street and near 2nd Avenue in Nitro, Putnam County, West Virginia, the “Army SP4 Harold ‘Skip’ Grouser 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. 66--Requesting that the Division of Highways name bridge number 27-15-6.53 (27A024), currently known as Old Town Bridge on County Route 15 (Sandhill Rd.) near Pt. Pleasant, Mason County, West Virginia the “Quentin H. Wickline Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

Executive Communications

    The Clerk then presented communications from His Excellency, the Governor, advising that on February 13, 2014, he had approved Enr. Senate Bill No. 341, Enr. House Bill No. 4177 and Enr. House Bill No. 4182.

    The Senate proceeded to the fourth order of business.

    Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:

    Your Committee on the Judiciary has had under consideration

    Senate Joint Resolution No. 10, Proposing constitutional amendment designated Right to Hunt and Fish in WV Amendment.

    And reports back a committee substitute for same as follows:

    Com. Sub. for Senate Joint Resolution No. 10 (originating in the Committee on the Judiciary)--Proposing an amendment to the Constitution of the State of West Virginia, amending article III thereof, by adding thereto a new section, designated section 23, relating to the right of the people to hunt, fish and harvest game; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    The resolution (Com. Sub. for S. J. R. No. 10), 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. 167, Authorizing Tax Department promulgate legislative rule relating to special reclamation tax credit.

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

    Com. Sub. for Senate Bill No. 167 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Revenue; 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 the State Tax Department to promulgate a legislative rule relating to the municipal sales and service and use tax administration; authorizing the State Tax Department to promulgate a legislative rule relating to the special reclamation tax credit; authorizing the State Tax Department to promulgate a legislative rule relating to the withholding or denial of personal income tax refunds from taxpayers who owe municipal or magistrate court costs; authorizing the Insurance Commissioner to promulgate a legislative rule relating to utilization review and benefit determination; authorizing the Insurance Commissioner to promulgate a legislative rule relating to a health plan insurer internal grievance procedure; authorizing the Insurance Commissioner to promulgate a legislative rule relating to external review of adverse health insurance determinations; authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to private club licensing; authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to farm wineries; authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to the sale of wine; authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to nonintoxicating beer licensing and operations procedures; and authorizing the Racing Commission to promulgate a legislative rule relating to thoroughbred racing.

    With the recommendation that the committee substitute 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. 315, Clarifying use of certain funds under Military Authority Act.

    Senate Bill No. 328, Terminating Strategic Research and Development Tax Credit.

    And,

    Senate Bill No. 457, Requiring programs for temporarily detained inmates in regional jails.

    And reports the same back with the recommendation that they each 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

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

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

    Com. Sub. for Senate Bill No. 376 (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 §21-3-22, relating to safety and welfare of employees at certain public improvement sites by public authorities; defining terms; requiring onsite employees at certain public improvement sites to complete an Occupational Safety and Health Administration-approved ten-hour construction safety program; requiring the retention of training records; providing for incremental implementation period for mandate; providing the Commissioner of Labor to issue cease-and-desist notices in certain situations; providing civil penalties for violations; creating a misdemeanor offense and providing criminal fines for exhibiting false documents; exempting certain construction activities and persons from application of this section; and requiring a report from the Commissioner of Labor on effectiveness of the safety training.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 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. 391, Providing salary increase for teachers and school service personnel.

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

    Com. Sub. for Senate Bill No. 391 (originating in the Committee on Education)--A Bill to amend and reenact §18A-4-2 and §18A-4-8a of the Code of West Virginia, 1931, as amended, all relating to teacher and school service personnel salary increases; establishing a salary goal for certain teachers; adjusting effective dates; and revising state minimum salary schedules for teachers and school service personnel.

    Senate Bill No. 510, Including state land grant institutions in Research Trust Fund.

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

    Com. Sub. for Senate Bill No. 510 (originating in the Committee on Education)--A Bill to amend and reenact §18B-18A-1, §18B-18A-2, §18B-18A-3, §18B-18A-9, §18B-18A-11 and §18B-18A-12 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Research Trust Fund; increasing the recipients of the fund to include all state land grant institutions of higher education; providing for the redistribution of moneys; providing for a $25 million transfer from the General Revenue Fund, under certain conditions, into the West Virginia Research Trust Fund; setting forth deadline and consequences for failure to obtain matching funds and donations; providing for rulemaking; and requiring reporting.

    And,

    Senate Bill No. 513, Relating to cost reimbursement of servicing high-cost/high-acuity special needs students.

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

    Com. Sub. for Senate Bill No. 513 (originating in the Committee on Education)--A Bill to amend and reenact §18-20-5 of the Code of West Virginia, 1931, as amended, relating to more equitable distribution to county boards of reimbursement of the costs of serving high-cost/high-acuity special needs students; eliminating requirement for annual review of rules, policies and standards and federal law and report to Legislative Oversight Commission; defining “high-cost/high-acuity special needs”; and providing for method of fund disbursement.

    With the recommendation that the three 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.

    The bills (Com. Sub. for S. B. Nos. 391, 510 and 513), under the original double committee references, were 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. 427, Relating to motor vehicle insurance.

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

    Com. Sub. for Senate Bill No. 427 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §17D-2A-2, §17D-2A-5 and §17D-2A-7 of the Code of West Virginia, 1931, as amended, all relating to requiring a certificate of insurance to be in effect during the entire term of the vehicle registration period; permitting a discretionary electronic acknowledgment exception; clarifying that certain security provisions do not apply to commercial vehicles insured under commercial auto coverage; removing the requirement that insurance companies must notify the Division of Motor Vehicles when a policyholder’s vehicle insurance has been canceled; removing an outdated reporting requirement; clarifying and increasing the penalties for vehicle owners who do not have the required security in effect; replacing the driver’s license suspension penalty of a person who knowingly operates a vehicle without the required security with a provision stating that a person who is not the vehicle owner and who is convicted of operating a motor vehicle that does not have the required security shall have the conviction placed on the driver's license record; directing that fees collected for reinstatement of a driver’s license be deposited in the Motor Vehicle Fees Fund; and prohibiting the Division of Motor Vehicles from taking action against a person cited for driving without insurance if the citation is received by the division more than one year from the date of the offense.

    With the recommendation that the committee substitute 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. 480, Expanding period during which certain motor vehicle liens are valid.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 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. 493, Excluding suspension days in determining student truancy.

    And has amended same.

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

                             Respectfully submitted,

                               Robert H. Plymale,

                                 Chair.

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

    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. 540, Requiring SSAC promulgate rules allowing college preparatory team recognition.

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

    Com. Sub. for Senate Bill No. 540 (originating in the Committee on Education)--A Bill to amend and reenact §18-2-25 of the Code of West Virginia, 1931, as amended, relating to requiring the West Virginia Secondary School Activities Commission to promulgate rules that allow a college preparatory team to elect to be recognized as a member; and setting forth provisions the rule shall include.

    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,

                               Robert H. Plymale,

                                 Chair.

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

    The Senate proceeded to the sixth order of business.

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

    By Senators Unger, Kessler (Mr. President), Laird, Kirkendoll, Edgell, Beach, Snyder, Facemire, Chafin, Green, Miller, Yost, D. Hall, Wells, Tucker, Jenkins and Fitzsimmons:

    Senate Bill No. 575--A Bill to amend and reenact §15-2-5 of the Code of West Virginia, 1931, as amended, relating to providing educational incentives and longevity pay for State Troopers.

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

    By Senators Walters, Beach, Blair, Sypolt, Tucker, Williams, Wells and Miller:

    Senate Bill No. 576--A Bill to amend and reenact §31-15A-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto sixteen new sections, designated §31-15A-9a, §31-15A-9b, §31-15A-10a, §31-15A-11a, §31-15A-12a, §31-15A-13a, §31-15A-14a, §31-15A-15a, §31-15A-17c, §31-15A-18a, §31-15A-19a, §31-15A-20a, §31-15A-21a, §31-15A-22a, §31-15A-23a and §31-15A-24a, all relating generally to development of broadband middle mile infrastructure in the state; defining new terms; creating a separate infrastructure fund for broadband middle mile infrastructure projects; providing for deposits and expenditures; setting forth additional powers to Infrastructure and Jobs Development Council and Water Development Authority; creating the Infrastructure Fund for Broadband Middle Mile Development; providing for the disposition of funds on termination or dissolution of the authority; providing that broadband middle mile projects funded by the authority are public improvements; authorizing the issuance of broadband middle mile revenue bonds; creating the Broadband Middle Mile Infrastructure Debt Service Fund; providing for funding of debt service fund; specifying the requirements for the issuance of bonds; providing for contents of trust agreement and trustee for bonds; specifying the remedies available to bondholders, noteholders and trustee; making broadband middle mile infrastructure revenue bonds lawful investments; providing for purchase, cancellation and refunding of bonds; and declaring that bonds are not state debts and are exempt from taxation.

    Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.

    By Senators Cann, Beach, Edgell, Facemire, Fitzsimmons, Green, D. Hall, Kirkendoll, Miller, Tucker, Williams, Yost, Plymale and Snyder:

    Senate Bill No. 577--A Bill to amend and reenact §21-3A-2 of the Code of West Virginia, 1931, as amended, relating to making the Department of Corrections and the Department of Health and Human Resources, and their respective workplaces, subject to the Occupational Safety and Health Act.

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

    By Senators Kessler (Mr. President), Palumbo, Snyder, Edgell and Green:

    Senate Bill No. 578--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 oil and gas conservation; providing for the unitization of interests in drilling units in connection with horizontal oil and gas wells; making findings; declaring policy; setting forth application requirements; establishing the standard of review; providing for unit orders; requiring notice and timeliness; providing for hearings; providing a standard of review; addressing oil and gas produced from horizontal wells, vertical wells and unconventional reservoirs; providing for conflict resolution; 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 Senators Unger, Cookman, Edgell, Laird, Miller, Palumbo, Snyder, Stollings and Kessler (Mr. President):

    Senate Bill No. 579--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §31-18E-1, §31-18E-2, §31-18E-3, §31-18E-4, §31-18E-5, §31-18E-6, §31-18E-7, §31-18E-8, §31-18E-9, §31-18E-10, §31-18E-11, §31-18E-12, §31-18E-13, §31-18E-14, §31-18E-15, §31-18E-16, §31-18E-17, §31-18E-18 and §31-18E-19, all relating to improving housing development and land use; authorizing land banking by West Virginia municipalities, counties or a combination thereof; stating legislative findings; defining terms; providing requirements for the permissive creation and operation of land bank entities; detailing certain requirements for a land bank board and staff; requiring certain terms of the land bank be set forth; providing certain immunity to land bank jurisdictions; setting forth powers and limitations of land bank entities; explicitly stating that land bank entities do not have the power of eminent domain; detailing criteria for acquisition and disposition of property by land bank entities; authorizing certain land bank-related property as exempt from property tax; stating land bank funding sources; stating requirements and constraints on disposition of property; detailing potential financing of land bank operations; permitting special allocation of certain property taxes in certain situations; authorizing the issuance of certain bonds; requiring land bank entities to follow open meetings and freedom of information requirements; providing a process for dissolution of land banks; requiring the Ethics Act to apply to land bank employees and board members; providing for liberal construction of the article; providing process to discharge tax liens and claims; stating a policy to protect low-income, owner-occupant households; providing for expedited quiet of title proceedings in circuit court; and requiring an annual audit and report of all land banks.

    Referred to the Committee on the Judiciary.

    By Senators Beach, Williams, Kessler (Mr. President), Cann, Cookman, Edgell, Facemire, Green, D. Hall, Laird, Stollings, Sypolt, Tucker, Walters, Wells, Yost and Plymale:

    Senate Bill No. 580--A Bill to amend and reenact §60-8-3 of the Code of West Virginia, 1931, as amended, relating to permitting the sale of wine at certain college and university sports stadiums; establishing the conditions under which wine may be sold; setting a licensing fee; establishing who may hold a license; stating where wine may be served; granting the authority to grant waivers and exceptions and to revoke licenses; defining a term; and authorizing rulemaking.

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

    By Senators Palumbo, M. Hall, Sypolt, Tucker and Williams:

    Senate Bill No. 581--A Bill to amend and reenact §22A-2-6 of the Code of West Virginia, 1931, as amended, relating to movement of mining equipment in underground coal mines; and requiring that mining equipment being transported or trammed underground where energized trolley wire exists, other than ordinary sectional movement, be done by qualified personnel under supervision of a certified foreman.

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

    By Senators Beach and McCabe:

    Senate Bill No. 582--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1A-6, relating to closure and sale of Clements State Tree Nursery.

    Referred to the Committee on Natural Resources; and then to the Committee on Government Organization.

    By Senators Miller, Snyder, Fitzsimmons, D. Hall and Yost:

    Senate Bill No. 583--A Bill to amend and reenact §19-20C-3 of the Code of West Virginia, 1931, as amended, relating to spay-neuter assistance program; and permitting emergency rulemaking.

    Referred to the Committee on the Judiciary.

    By Senator Snyder:

    Senate Bill No. 584--A Bill to amend and reenact §30-13-18 of the Code of West Virginia, 1931, as amended, relating to the Board of Registration for Professional Engineers; providing for calendar year renewal; deleting notification by mail requirement; and authorizing two-year renewal cycles by emergency rule.

    Referred to the Committee on Government Organization.

    By Senator Palumbo:

    Senate Bill No. 585--A Bill to repeal §24-3-3b of the Code of West Virginia, 1931, as amended; and to amend and reenact §24-1-1 of said code, relating to removing unconstitutional language regarding access to rail lines.

    Referred to the Committee on the Judiciary.

    By Senator Palumbo:

    Senate Bill No. 586--A Bill to repeal §55-7B-6d of the Code of West Virginia, 1931, as amended; and to amend and reenact §56-6-11 of said code, relating to removing unconstitutional language regarding the number of jurors and types of verdicts in certain civil litigation.

    Referred to the Committee on the Judiciary.

    By Senators D. Hall and Tucker:

    Senate Bill No. 587--A Bill to amend and reenact §30-20A-1, §30-20A-2, §30-20A-3, §30-20A-4, §30-20A-5, §30-20A-6 and §30-20A-7 of the Code of West Virginia, 1931, as amended, all relating to requiring that athletic trainers be licensed, instead of registered, by West Virginia Board of Physical Therapy.

    Referred to the Committee on Government Organization.

    By Senators Palumbo and Plymale:

    Senate Bill No. 588--A Bill to amend and reenact §15-2B-2, §15-2B-3, §15-2B-5, §15-2B-6, §15-2B-9, §15-2B-10 and §15-2B-11 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §15-2B-11a, all relating to the collection of DNA samples from individuals arrested for first degree murder, second degree murder, kidnapping, first degree and second degree sexual assault, aggravated robbery and malicious wounding for inclusion in the DNA Databank.

    Referred to the Committee on the Judiciary.

    By Senators Tucker, D. Hall, Fitzsimmons, Wells, Jenkins, Yost, Cann and Cookman:

    Senate Bill No. 589--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17A-3-14a, relating to authorizing the issuance of special Family of Fallen Hero registration plates.

    Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.

    By Senators Stollings and Palumbo:

    Senate Bill No. 590--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-46-1, §16-46-2, §16-46-3, §16-46-4, §16-46-5, §16-46-6, §16-46-7, §16-46-8 and §16-46-9, all relating to requiring background checks for individuals who have direct access to residents, members or beneficiaries of covered providers participating in the West Virginia Clearance for Access: Registry and Employment Screening program; defining terms; requiring the Secretary of the Department of Health and Human Resources to develop a plan and a program for conducting background checks; requiring a centralized database to maintain criminal history record information and results; establishing a prescreening process conducted by covered providers; requiring applicants to provide fingerprints and undergo a criminal background check; establishing procedures and criteria for obtaining and reviewing criminal history record information; establishing criteria for approving applicants as covered individuals; authorizing contractors and fees; creating a special revenue account for administrative fees; providing for protests of the secretary’s decisions and permitting variances; creating exceptions; authorizing legislative rules; providing monetary penalties; and providing for civil and criminal immunity.

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

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

    Senate Bill No. 591--A Bill to amend and reenact §22-15-2 and §22-15-10 of the Code of West Virginia, 1931, as amended; and to amend and reenact §22C-3-3 of said code, all relating to the types and amounts of wastes that may be received at commercial solid waste facilities; defining “solid waste” consistently throughout the Department of Environmental Protection and Solid Waste Management statutes; and correcting a conflict between two statutes relating to a public landfill’s ability to refuse waste based on its origin.

    Referred to the Committee on the Judiciary.

    By Senators Yost, Beach, Fitzsimmons and Cann:

    Senate Bill No. 592--A Bill to amend and reenact §17C-4-1 of the Code of West Virginia, 1931, as amended, relating to crashes involving death or personal injuries; creating the crime of knowingly leaving the scene of a crash resulting in serious bodily injury; establishing a presumption of knowledge based upon crash conditions; and providing criminal penalties of fine and imprisonment.

    Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.

    By Senators Tucker and D. Hall:

    Senate Bill No. 593--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-12-32b, relating to travel insurance limited lines producers; defining terms; authorizing the Insurance Commissioner to issue a limited lines travel insurance producer license; authorizing a travel retailer to offer travel insurance under a limited lines travel insurance producer business entity license under certain conditions; requiring a limited lines travel insurance producer to maintain a register of travel retailers offering insurance on its behalf and to designate one of its employees as a designated responsible producer; requiring instruction or training of employees offering travel insurance on behalf of a limited lines travel insurance producer; providing exemptions from examination and continuing education requirements; requiring travel retailers offering travel insurance to make available written materials to prospective purchasers; prohibiting travel retailer employees who are not licensed as insurance producers from providing certain information; authorizing a travel retailer and its employees to offer travel insurance and to be compensated upon registration by the limited lines travel insurance producer; and providing for enforcement.

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

    By Senators Kessler (Mr. President), Unger and Cann:

    Senate Bill No. 594--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-15-24, relating to allowing the disposal of drill cuttings and associated drilling waste in commercial solid waste facilities; requiring solid waste authority, Public Service Commission and Department of Environmental Protection approval; requiring siting plan or an amendment to an existing siting plan; requiring a certificate of need or an amendment to an existing certificate of need; authorizing solid waste facilities currently receiving drilling wastes to continue under certain circumstances; and requiring Department of Environmental Protection to set standards, by rule, for cell liners, leachate systems, leachate management and treatment.

    Referred to the Committee on the Judiciary.

    By Senators Green, Chafin, Facemire, D. Hall, Kirkendoll, Stollings and Tucker:

    Senate Bill No. 595--A Bill to amend and reenact §61-3-29 of the Code of West Virginia, 1931, as amended, relating to prohibiting damage to property of railroads, public utilities and certain production storage and distribution facilities; adding waste management facilities, storage facilities and timber operations to the protected properties; prohibiting destruction, damage or removal of property resulting in impairment to the normal, safe operation of those facilities; and providing criminal penalties.

    Referred to the Committee on the Judiciary.

    By Senator Tucker:

    Senate Bill No. 596--A Bill to amend and reenact §46-3-118 of the Code of West Virginia, 1931, as amended, relating to demand notes; and modifying the statute of limitations on the collection of demand notes.

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

    By Senators Palumbo, Tucker, Snyder, D. Hall and Walters:

    Senate Bill No. 597--A Bill to amend and reenact §11-16-3, §11-16-20 and §11-16-21 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-16-17a, all relating to clarifying the regulation of nonintoxicating beer brewers and distributors, agreements, networks, products, brands and extensions of a line of brands; permitting the commissioner to investigate, review and approve or deny franchise agreements, labels, brands and line extensions; providing hearings; extending certain dates; establishing nonintoxicating beer, resident brewers, distributors, franchise distributor networks and line extensions standards; defining terms; providing sanctions; and authorizing rulemaking.

    Referred to the Committee on the Judiciary.

    By Senators Snyder, M. Hall, Unger, Fitzsimmons, Kessler (Mr. President), Wells and Yost:

    Senate Bill No. 598--A Bill to amend and reenact §5B-2-12 of the Code of West Virginia, 1931, as amended, relating to the Tourism Promotion Fund; and providing for excess funds in the Courtesy Patrol Fund to revert to the Tourism Promotion Fund.

    Referred to the Committee on Finance.

    By Senators Stollings and Kirkendoll:

    Senate Bill No. 599--A Bill to amend and reenact §16-2D-5 of the Code of West Virginia, 1931, as amended, relating to creating an exemption from the moratorium on skilled nursing beds for geriatric psychological beds in existing skilled nursing facilities located within the state.

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

    By Senators Yost, Snyder, Miller, Laird, Edgell and Fitzsimmons:

    Senate Bill No. 600--A Bill to amend and reenact §8-12-16, §8-12-16a and §8-12-16c of the Code of West Virginia, 1931, as amended, all relating to the registration, maintenance and regulation of dwellings unfit for human habitation and vacant buildings and properties by municipal governments; and clarifying the parties responsible for compliance with municipal ordinances regarding these buildings and properties.

    Referred to the Committee on Government Organization.

    By Senator Palumbo:

    Senate Bill No. 601--A Bill to amend and reenact §11-3-25 of the Code of West Virginia, 1931, as amended, relating to appeals of assessments by the Board of Equalization and Review or order of the Board of Assessment Appeals; removing a phrase giving appeal authority to an entity’s agent, which the Supreme Court of Appeals of West Virginia interpreted as unconstitutional; and clarifying that appeals must be made by attorneys.

    Referred to the Committee on the Judiciary.

    By Senators Stollings, Beach, Jenkins and Laird:

    Senate Bill No. 602--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-1C-1, §16-1C-2, §16-1C-3, §16-1C-4, §16-1C-5, §16-1C-6 and §16-1C-7, all relating generally to requiring health care providers to wear identification badges; setting forth legislative findings and purpose; providing definitions; establishing identification badge requirement; setting forth exemptions; addressing enforcement; providing for applicability; and granting rule-making authority.

    Referred to the Committee on Health and Human Resources.

    By Senators Kessler (Mr. President), Wells, Fitzsimmons, Beach, Plymale, D. Hall, Snyder, Yost, Cann, Cookman, Laird, Jenkins and Miller:

    Senate Joint Resolution No. 14--Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof, by adding thereto a new section, designated section 12, relating to the West Virginia Future Fund; 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, Kirkendoll, Plymale, Unger and Jenkins offered the following resolution:

    Senate Concurrent Resolution No. 35--Requesting that a one-mile section of Route 17, from mile marker 9.87 to mile marker 10.87, in Boone County, West Virginia, the “Army Specialist 4 Larry E. Nunnery, Sr., Memorial Highway”.

    Whereas, Army Specialist Nunnery was born on April 29, 1942, to Samuel and Lola Nunnery; and

    Whereas, Army Specialist Nunnery married Janice White Nunnery; and

    Whereas, Army Specialist Nunnery served in the United States Army in Korea and Germany; and

    Whereas, Following his military service, Army Specialist Nunnery worked in the coal mines until he became disabled and also worked with the Boone County Parks and Recreation for ten years; and

    Whereas, Army Specialist Nunnery was a member of the International Organization of Odd Fellows and served on the Boone County Correctional Officer Civil Service Committee for two years; and

    Whereas, Army Specialist Nunnery was Vice Chairman of the Democratic Party in Boone County for more than ten years and assisted numerous veterans file and receive benefits; and

    Whereas, Army Specialist Nunnery passed away on December 31, 2000; and

    Whereas, It is fitting that an enduring memorial be established to commemorate this native son who so ably served his state and his country; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name a one-mile section of Route 17, from mile marker 9.87 to mile marker 10.87, in Boone County, West Virginia, the “Army Specialist 4 Larry E. Nunnery, Sr., Memorial Highway”; and, be it

    Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the highway containing bold and prominent letters proclaiming the highway the “Army Specialist 4 Larry E. Nunnery, Sr., Memorial Highway”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways; Army Specialist Nunnery’s children: Gina Browning, Larry Nunnery II and April Lester; and his surviving siblings.

    Which, under the rules, lies over one day.

    Senators Laird, Stollings, Unger, Jenkins, Wells, D. Hall, Snyder, McCabe, Green, Beach, Kessler (Mr. President), Edgell, Fitzsimmons, Yost, Prezioso, Cookman and Miller offered the following resolution:

    Senate Resolution No. 30--Designating February 14, 2014, as Corrections Day.

    Whereas, The West Virginia Division of Corrections, the Regional Jail and Correctional Facility Authority and the Division of Juvenile Services are committed to enhancing public safety by providing safe, secure and humane facilities, operating an effective system of offender re-entry and community supervision, reducing offender recidivism and assisting victims of crime; and

    Whereas, The Division of Corrections, the Regional Jail and Correctional Facility Authority and the Division of Juvenile Services are further committed to providing effective beneficial services that promote positive development and accountability while preserving community safety and sustaining a work environment predicated upon principles of professionalism, with dignity and respect for all; and

    Whereas, It is the vision of these agencies to be recognized as innovative leaders in providing quality correctional services; and

    Whereas, The adult and juvenile correctional population continues to expand and it is important for agency representatives and policymakers to appreciate the nature and magnitude of the growth; and

    Whereas, Previous information provided to this body should assist public officials and agency representatives in planning for the future and developing policies for the management of the West Virginia correctional population, both adult and juvenile, as well as providing adequate pay, benefits and a safe secure workplace for the employees in the correctional system; therefore, be it

    Resolved by the Senate:

    That the Senate hereby designates February 14, 2014, as Corrections Day; and, be it

    Further Resolved, That the Senate recognizes the exceptional service and commitment of the employees of the Division of Corrections, the Regional Jail and Correctional Facility Authority and the Division of Juvenile Services; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Corrections, the Director of the Regional Jail and Correctional Facility Authority and the Director of the Division of Juvenile Services.

    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.

    Thereafter, at the request of Senator Miller, and by unanimous consent, the remarks by Senator Laird regarding the adoption of Senate Resolution No. 30 were ordered printed in the Appendix to the Journal.

    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. 32, Requesting DOH name bridge in Calhoun County "U. S. Army Sergeant Robert Odell Orders Memorial Bridge".

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

    Senate Concurrent Resolution No. 33, Requesting DOH name County Rt. 15 in Mercer County "River Road Music Heritage Trail".

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

    Senate Concurrent Resolution No. 34, Requesting DOH name bridge in Tyler County "Staff Sgt. Jesse A. Ault Memorial Bridge".

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

    The Senate proceeded to the eighth order of business.

    Eng. Com. Sub. for Senate Bill No. 307, Authorizing community corrections programs to operate pretrial release program.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, 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: Facemire--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 S. B. No. 307) 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. 327, Updating terms in Corporation Net Income Tax Act.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, 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: Facemire--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. 327) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, 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: Facemire--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. 327) takes effect from passage.

    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. 356, Relating to purchasing reforms.

    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. 356 pass?”

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, 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: Facemire--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. 356) 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. 443, Relating to SPRS.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, 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: Facemire--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. 443) 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. 444, Relating to PERS.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, 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: Facemire--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. 444) 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. 452, Relating to TRS annuity calculation of member with reciprocal service credit.

    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: Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, 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)--32.

    The nays were: None.

    Absent: Barnes and Facemire--2.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 452) 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. 453, Relating to TRS.

    On third reading, coming up in regular order, was reported by the Clerk.

    On motion of Senator Unger, the bill was rereferred to the Committee on Finance.

    The Senate proceeded to the ninth order of business.

    Senate Bill No. 88, Relating to claims for total loss and debris removal proceeds under farmers' mutual fire insurance companies.

    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. 322, Providing state compensate officials, officers and employees every two weeks with certain exceptions.

    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. 384, Prohibiting certain insurers require policyholders use mail-order pharmacy.

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

    Senate Bill No. 402, Permitting recovery of service charge and fees charged to Tax Commissioner by financial institutions.

    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. 420, Relating to data sharing in P-20W Longitudinal Data System.

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

    At the request of Senator Unger, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.

    Com. Sub. for Senate Bill No. 422, Expanding state aid for students of certain health professions.

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

    At the request of Senator Unger, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.

    Com. Sub. for Senate Bill No. 434, Eliminating revocation period for certain DUI offenders.

    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. 6, Regulating sale of drug products used in manufacture of methamphetamine.

    Com. Sub. for Com. Sub. for Senate Bill No. 15, Removing certain billing limitations for HIV or STD testing by public health agencies.

    Senate Bill No. 100, Authorizing operation of low-speed vehicles on certain municipal roads.

    Com. Sub. for Senate Bill No. 155, Authorizing DHHR promulgate legislative rules.

    Senate Bill No. 331, Requiring certain accelerated payment of consumers sales and service and use tax and employee withholding taxes.

    And,

    Com. Sub. for Senate Bill No. 416, Relating to tentative appraisals of natural resources property.

    The Senate proceeded to the eleventh order of business and the introduction of guests.

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

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until Monday, February 17, 2014, at 11 a.m.

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