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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2013

FORTY-THIRD DAY

____________

Charleston, W. Va., Wednesday, March 27, 2013

    The Senate met at 11 a.m.

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

    Prayer was offered by Pastor Paul Davis, Kanawha City Church of Christ, Charleston, West Virginia.

    Pending the reading of the Journal of Tuesday, March 26, 2013,

    On motion of Senator Kirkendoll, the Journal was approved and the further reading thereof dispensed with.

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

    The Senate then proceeded to the third order of business.

    A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

    Eng. Com. Sub. for House Bill No. 2237--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-5X-1, §16-5X-2 and §16-5X-3, all relating to emergency aid medication for patients prescribed opiates or receiving treatment for addiction; establishing a short title; establishing objectives and a purpose; defining terms; establishing the responsibilities of licensed prescribers; and, providing for education of patient, family or caregivers.

    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. 2583--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-9B-1, §15-9B-2 and §15-9B-3, all relating to establishing a regulatory system for sexual assault forensic examinations; requiring the creation of the Sexual Assault Forensic Examination Commission; setting forth its powers and responsibilities; setting forth its membership; requiring county prosecutors to convene and chair local Sexual Assault Forensic Examination Boards; and authorizing rule-making.

    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 passage by that body and requested the concurrence of the Senate in the passage of

    Eng. Com. Sub. for House Bill No. 2590--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §31-21-1, §31-21-2, §31-21-3, §31-21-4, §31-21-5, §31-21-6, §31-21-7, §31-21-8, §31-21-9, §31-21-10, §31-21-11, §31-21-12, §31-21-13, §31-21-14, §31-21-15, §31-21-16, §31-21-17, §31-21-18, §31-21-19 and §31-21-20, all relating to authorizing the creation of a public nonprofit corporation and governmental instrumentality to facilitate the redevelopment of former commercial, industrial and mining properties subject to federal and state regulations because of contamination or pollution discharge; providing short title; declaring policy and purpose of article; defining terms; creating West Virginia Land Stewardship Corporation; providing eligibility for properties to participate; stating certain tax requirements; setting forth powers and limitations of West Virginia Land Stewardship Corporation; providing for board of directors and composition of same; providing for creation of voluntary land stewardship program; providing for underwriting review of land stewardship program applicants; authorizing establishment of state certified sites program; setting forth minimum standards for certification under state certified sites program and assessment of fees therefor; authorizing establishment of voluntary state land bank program; prohibiting the transfer of certain liabilities to land bank by prior owner; permitting land stewardship corporation to preserve property value of properties held by land stewardship corporation; authorizing land bank to acquire, dispose or otherwise manage real property; providing requirements for handling of contaminated properties by land stewardship corporation; providing for liberal construction of article; authorizing the Department of Environmental Protection to investigate corporation activities and take necessary actions; exempting corporation from certain state and local taxes; requiring audits and biannual reports; providing procedure for dissolution of land stewardship corporation upon completion of purpose and for disposal of properties possessed by the corporation; providing provision for conflict of interest of land stewardship corporation officers, employees and board members; stating preservation of sovereign immunity; and providing that obligations of land stewardship corporation are not obligations of the Department of Environmental Protection or the state.

    Referred to the Committee on Government Organization.

    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. 2733--A Bill to amend and reenact §17C-5A-2 of the Code of West Virginia, 1931, as amended, relating to hearings before the Office of Administrative Hearings; specifying methods of service; providing permissible hearing locations; deleting the requirement that the Office of Administrative Hearings shall send hearing notices to certain witnesses; deleting an instance of a duplication of an element for driving under the influence; clarifying that the Office of Administrative Hearings shall rescind or modify the order of the Commissioner of the Division of Motor Vehicles in certain cases; noting that the Office of Administrative Hearings is not a party to an appeal; stating that a party filing an appeal is financially responsible for the transcription of the hearing and transmission of file copy; and stating that the court shall provide a copy of its final order to the Office of Administrative Hearings.

    Referred 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. 7--Requesting that bridge number 31-N0099-0.04 on Sabraton Avenue in Morgantown, Monongalia County, West Virginia, be named the “County Sheriff Sgt. Michael Todd May 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. 37--Requesting the Division of Highways to rename the Reader Bridge in Wetzel County, Bridge number 52-48-0.01, the “U.S. Army Sgt. Norman R. Cunningham 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. 52--Requesting the Division of Highways to name a specific stretch of road on WV Route 16 in Calhoun County, West Virginia, specifically, that stretch of road beginning at the county line of Clay and Calhoun counties and continuing to the junction of WV Route 16 and US Route 33, the “Richardson Brothers’ Memorial Highway, United States Army, World War II”.

    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. 67--Requesting the Division of Highways to rename the bridge over Skin Creek on Skin Creek Road in Lewis County, bridge number 21-30-7.25, the “J. Cecil Jarvis 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. 75--Requesting the Division of Highways name bridge number 17-79-114.9 over Elk Creek in Harrison County the “USN S2C Jack Wade and USMC PFC Don Wade 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. 81--Requesting the Division of Highways to name the bridge at the south end of Sistersville on Route 2, bridge number 48-2-8.84, as the “Brigadier General Timothy C. Barrick Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    The Senate proceeded to the fourth order of business.

    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. 98, Creating Shale Research, Education, Policy and Economic Development Center at WVU.

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

    Com. Sub. for Senate Bill No. 98 (originating in the Committee on Education)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18B-11C-1 and §18B-11C-2; and to amend said code by adding thereto a new article, designated §18B-11D-1, §18B-11D-2, §18B-11D-3, §18B-11D-4, §18B-11D-5 and §18B-11D-6, all relating to higher education centers and institutes generally; setting forth legislative findings and intent; providing definitions; requiring certain reports; creating the Shale Research, Education, Policy and Economic Development Center at West Virginia University; setting forth legislative findings and purposes; requiring certain rules; and providing certain powers and duties of West Virginia University Board of Governors, the center and the center director.

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

                             Respectfully submitted,

                               Robert H. Plymale,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 98), under the original double committee reference, was then referred to the Committee on Finance.

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

    Your Committee on Military has had under consideration

    Senate Bill No. 173, Establishing policy for higher education students called to active military duty.

    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 Education.

                             Respectfully submitted,

                               Erik P. Wells,

                                 Chair.

    At the request of Senator Wells, unanimous consent being granted, the bill (S. B. No. 173) contained in the preceding report from the Committee on Military was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Education, with an amendment from the Committee on Military pending.

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

    Your Committee on Military has had under consideration

    Senate Bill No. 174, Providing for appointment of advocates for veterans at higher education institutions.

    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 Education.

                             Respectfully submitted,

                               Erik P. Wells,

                                 Chair.

    At the request of Senator Wells, unanimous consent being granted, the bill (S. B. No. 174) contained in the preceding report from the Committee on Military was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Education.

    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. 185 (originating in the Committee on Transportation and Infrastructure), Relating to alternative-fuel motor vehicles and qualified refueling infrastructure tax credits.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 185 (originating in the Committee on Finance)--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, 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; restricting credit to purchases of and conversions to natural gas-fueled motor vehicles and liquefied petroleum gas-fueled motor vehicles; narrowing allowance of credit for alternative-fuel motor vehicle purchases, alternative-fuel motor vehicle conversions and alternative-fuel motor vehicle refueling infrastructure; outlining eligibility for credit and cessation of eligibility for credit for specified construction, purchases, expenditures, investments, installations or conversions made on or after cessation dates or tax years as specified; requiring that not more than one tax credit be granted under said article six-d, or any combination of articles set forth in said chapter eleven for purchase of an alternative-fuel motor vehicle or for costs relating to conversion of a motor vehicle to an alternative-fuel motor vehicle, or for costs associated with alternative-fuel vehicle refueling infrastructure or for costs associated with alternative-fuel home refueling infrastructure; providing amount of credit for qualified alternative-fuel vehicle refueling infrastructure; providing limitations on credit; allowing pass-through entities to distribute credits to pass-through equity owners in any manner such equity owners see fit; 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 to operate on alternative fuel after December 31, 2017; providing for the termination of tax credit for construction or purchase and installation of 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 on or after April 15, 2013; providing for the termination of tax credit for purchases of motor vehicles that operate on fuels other than compressed natural gas or liquefied natural gas, or liquefied petroleum gas, occurring on or after April 15, 2013; providing for the termination of tax credit for conversions of motor vehicles to operate on fuels other than compressed natural gas or liquefied natural gas or liquefied petroleum gas occurring on or after April 15, 2013; providing limitations and restrictions of credit carryover; and providing that credit is nontransferable.

    With the recommendation that the committee substitute for 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. 191, Relating to increasing maximum aggregate funding to Revenue Shortfall Reserve Fund.

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

    Com. Sub. for Senate Bill No. 191 (originating in the Committee on Finance)--A Bill to amend and reenact §11B-2-20 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11B-2-20a; to amend and reenact §17-3-1 of said code; and to amend and reenact §31-15A-9 of said code, all relating to the Revenue Shortfall Reserve Fund, the Revenue Shortfall Reserve Fund - Part B and the creation of a West Virginia Infrastructure Modernization and Development Special Revenue Fund; specifying maximum aggregate funding amount for the Revenue Shortfall Reserve Fund; providing that interest and other earnings on Revenue Shortfall Reserve Fund - Part B be dedicated to and expended for and in support of the federal-state Medicaid program authorized by the Legislature or mandated by the federal government; providing that no interest or other return may be distributed from the Revenue Shortfall Reserve Fund – Part B if such distribution would cause the net asset value of the Revenue Shortfall Reserve Fund – Part B to fall below its value as of July 1, 2013, and providing process for restoration of value; providing that, in commencing and executing the provisions of this subdivision, the West Virginia Investment Management Board is not and shall not be obligated to sell any investments at a loss or otherwise take any action not in furtherance of its fiduciary duties and obligations in respect of funds and investments under its management and supervision; creating the West Virginia Infrastructure Modernization and Development Special Revenue Fund in the State Treasury; specifying the funding source for the West Virginia Infrastructure Modernization and Development Special Revenue Fund; specifying use of funds in the West Virginia Infrastructure Modernization and Development Special Revenue Fund; providing limitation on use of funds transferred from the West Virginia Infrastructure Modernization and Development Special Revenue Fund into the State Road Fund; providing ability of State Road Fund to accept and expend funds transferred from the West Virginia Infrastructure Modernization and Development Special Revenue Fund; and providing ability of West Virginia Infrastructure Fund to accept and expend funds transferred from the West Virginia Infrastructure Modernization and Development Special Revenue Fund.

    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. 203, Allowing posting of visible paint markings prohibiting hunting or trespassing.

    And,

    Senate Bill No. 627, Requiring certain post-mining land use reclamation utilize Clements State Tree Nursery.

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

                             Respectfully submitted,

                               William R. Laird IV,

                                 Chair.

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

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

    Your Committee on the Judiciary has had under consideration

    Senate Bill No. 250, Authorizing Development Office promulgate legislative rule relating to use of coalbed methane severance tax proceeds.

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

    Com. Sub. for Senate Bill No. 250 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Commerce; 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 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; 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 Development Office to promulgate a legislative rule relating to the use of coalbed methane severance tax proceeds; authorizing the Broadband Deployment Council to promulgate a legislative rule relating to broadband deployment grants programs; authorizing the Board of Miner Training, Education and Certification to promulgate a legislative rule relating to the standards for certification of coal mine electricians; authorizing the Division of Natural Resources to promulgate a legislative rule relating to special boating; authorizing the Division of Natural Resources to promulgate a legislative rule relating to special motorboating; authorizing the Division of Natural Resources to promulgate a legislative rule relating to defining the terms used in all hunting and trapping rules; authorizing the Division of Natural Resources to promulgate a legislative rule relating to prohibitions when hunting and trapping; authorizing the Division of Natural Resources to promulgate a legislative rule relating to deer hunting; authorizing the Division of Natural Resources to promulgate a legislative rule relating to general trapping; authorizing the Division of Natural Resources to promulgate a legislative rule relating to special waterfowl hunting; authorizing the Division of Natural Resources to promulgate a legislative rule relating to special fishing; authorizing the Division of Natural Resources to promulgate a legislative rule relating to falconry; authorizing the Division of Labor to promulgate a legislative rule relating to bedding and upholstered furniture; authorizing the Division of Labor to promulgate a legislative rule relating to the Amusement Rides and Amusement Attractions Safety Act; authorizing the Division of Labor to promulgate a legislative rule relating to the supervision of elevator mechanics and apprentices; authorizing the Division of Labor to promulgate a legislative rule relating to the Crane Operator Certification Act; and authorizing the Division of Labor to promulgate a legislative rule relating to the Crane Operator Certification Act--practical examination.

    Senate Bill No. 270, Authorizing Insurance Commissioner promulgate legislative rule relating to provider-sponsored networks.

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

    Com. Sub. for Senate Bill No. 270 (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 certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing the Insurance Commissioner to promulgate a legislative rule relating to provider-sponsored networks; authorizing the Athletic Commission to promulgate a legislative rule relating to mixed martial arts; authorizing the Racing Commission to promulgate a legislative rule relating to thoroughbred racing; authorizing the Racing Commission to promulgate a legislative rule relating to greyhound racing; authorizing the Racing Commission to promulgate a legislative rule relating to pari-mutuel wagering; authorizing the Lottery Commission to promulgate a legislative rule relating to state lottery rules; and authorizing the State Tax Department to promulgate a legislative rule relating to the valuation of commercial and industrial real and personal property for ad valorem property tax purposes.

    And,

    Senate Bill No. 281, Authorizing DMV promulgate legislative rule relating to denial, suspension, revocation, disqualification, restriction, nonrenewal, cancellation, administrative appeals and reinstatement of motor vehicle operating privileges.

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

    Com. Sub. for Senate Bill No. 281 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Transportation; 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 and as amended by the Legislature; authorizing the Division of Motor Vehicles to promulgate a legislative rule relating to the denial, suspension, revocation, disqualification, restriction, nonrenewal, cancellation, administrative appeals and reinstatement of motor vehicle operating privileges; authorizing the Commissioner of Highways to promulgate a legislative rule relating to the transportation of hazardous wastes upon the roads and highways; and authorizing the Office of Administrative Hearings to promulgate a legislative rule relating to appeal procedures.

    With the recommendation that the three 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. 369, Relating to concealed handgun license reciprocity.

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

    Com. Sub. for Senate Bill No. 369 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §61-7-6 and §61-7-6a of the Code of West Virginia, 1931, as amended, all relating to allowing a resident of another state to carry a handgun in West Virginia if the person holds a valid permit or license to possess or carry a handgun from the other state and the other state allows residents of West Virginia who are licensed in West Virginia to carry a concealed deadly weapon to carry a concealed deadly weapon in that state.

    And,

    Senate Bill No. 579, Updating code relating to absentee and early in-person voting.

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

    Com. Sub. for Senate Bill No. 579 (originating in the Committee on the Judiciary)--A Bill to repeal §3-3-2a and §3-3-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-3-1, §3-3-2, §3-3-3, §3-3-3a, §3-3-4, §3-3-5, §3-3-5a, §3-3-5b, §3-3-5c, §3-3-8, §3-3-10 and §3-3-11 of said code; and to amend said code by adding thereto a new section, designated §3-3-3b, all relating to absentee and early in-person voting; updating, clarifying and reorganizing existing language in the code; removing outdated language; allowing veterans’ homes to be treated like nursing homes in certain situations; adding requirements to serve as an assistant with early in-person voting; clarifying differences between paper-based voting systems and direct recording voting systems; clarifying certain language with regard to criminal violations; authorizing the Secretary of State to create electronic ballots in certain situations; clarifying when a federal write-in ballot may not be counted; and detailing and adding to the process for counting of absentee ballots separated by voting mechanism.

    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. 413, Relating to WV Supreme Court of Appeals Public Campaign Financing Pilot Program.

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

    Com. Sub. for Senate Bill No. 413 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §3-1A-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-6, §3-12-7, §3-12-9, §3-12-10, §3-12-11, §3-12-13, §3-12-14, §3-12-16 and §3-12-17 of said code, all relating to extending the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program through the 2016 election; providing additional funding; modifying definitions; deleting a definition; providing that a candidate may not collect exploratory contributions after filing a declaration of intent; limiting the amounts an individual may contribute during certain periods; requiring all contributions to candidates participating in the program be collected by the candidate’s financial agent; increasing the amounts of financing certified candidates may receive in contested elections; permitting certain moneys to be transferred and invested in certain circumstances; removing provisions that permit the release of additional funds in certain circumstances; removing certain reporting requirements; and removing a provision permitting the doubling of 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,

                               Corey Palumbo,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 413), under the original double committee reference, was then referred to the Committee on Finance.

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

    Your Committee on Health and Human Resources has had under consideration

    Senate Bill No. 415, Relating to multidisciplinary team meetings for juveniles in Division of Juvenile Services' custody.

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

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

    At the request of Senator Stollings, unanimous consent being granted, the bill (S. B. No. 415) contained in the preceding report from the Committee on Health and Human Resources was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Government Organization.

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Com. Sub. for Senate Bill No. 438, Authorizing reorganization of certain community and technical colleges.

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Senate Bill No. 460, Exempting certain residents' active duty military pay from state income tax.

    With an amendment from the Committee on Military pending;

    And reports the same back with the recommendation that it do pass as amended by the Committee on Military to which the bill was first referred.

                             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. 462, Extending time for informal conferences on surface mining permit applications.

    Senate Bill No. 467, Revising stocking permit requirements for release of aquatic species into state waters.

    And,

    Senate Bill No. 601, Removing requirement certain juvenile proceedings be sealed.

    And reports the same back with the recommendation that they each do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    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. 493, Providing standards for converting and retrofitting motor vehicles to alternative fuels.

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

    Com. Sub. for Senate Bill No. 493 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17A-13-1, §17A-13-2, §17A-13-3, §17A-13-4 and §17A-13-5, all relating generally to standards for conversion and retrofits of alternative-fuel motor vehicles; defining key terms for such standards; setting forth conversion and retrofit standards for the conversion of diesel and gasoline vehicles to alternative fuels; and setting forth training requirements for facilities converting and retrofitting vehicles to be capable of running on compressed natural gas.

    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 D. Beach,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 493), under the original double committee reference, was then referred to the Committee on the Judiciary

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

    Your Committee on Military has had under consideration

    Senate Bill No. 511, Creating WV Veterans Auxiliary Fund.

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

    Com. Sub. for Senate Bill No. 511 (originating in the Committee on Military)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §9A-5-1 and §9A-5-2, all relating to creating the West Virginia Veterans Auxiliary Fund; providing donations to the fund by income tax return checkoff and by a checkoff on motor vehicle registration renewal forms; providing contents of designation in forms; and setting forth the responsibilities of the Tax Commissioner, the Commissioner of the Division of Motor Vehicles and the Secretary of the Department of Veterans’ Assistance.

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

                             Respectfully submitted,

                               Erik P. Wells,

                                 Chair.

    At the request of Senator Wells, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 511) contained in the preceding report from the Committee on Military was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.

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

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 537, Creating Library Facilities Improvement Fund.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    At the request of Senator Snyder, unanimous consent being granted, the bill (S. B. No. 537) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.

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

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 569, Requiring appointment of State Fire Marshal be with advice and consent of Senate.

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

    Com. Sub. for Senate Bill No. 569 (originating in the Committee on Government Organization)--A Bill to amend and reenact §29-3-11 of the Code of West Virginia, 1931, as amended, relating to the State Fire Marshal; and requiring the State Fire Marshal to be appointed by the Governor by and with the advice and consent of the Senate.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    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 Government Organization.

    Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:

    Your Committee on Transportation and Infrastructure has had under consideration

    Senate Bill No. 578, Requiring proof of insurance for motor vehicle registration.

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

                             Respectfully submitted,

                               Robert D. Beach,

                                 Chair.

    At the request of Senator Beach, unanimous consent being granted, the bill (S. B. No. 578) contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary.

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

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 596, Determining grant awards for Chesapeake Bay and Greenbrier River watershed compliance projects.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

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

    At the request of Senator Snyder, and by unanimous consent, the bill (S. B. No. 596) was taken up for immediate consideration, read a first time and ordered to second reading.

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

    Your Committee on Labor has had under consideration

    Senate Bill No. 599, Expanding number of hours temporary state personnel may work.

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

                             Respectfully submitted,

                               Jack Yost,

                                 Chair.

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

    Senator Plymale, from the Committee on Education, submitted the following report, which was received:

    Your Committee on Education has had under consideration

    Senate Bill No. 623, Relating to funding for probation officers to address truancy.

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

                             Respectfully submitted,

                               Robert H. Plymale,

                                 Chair.

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

    Senator Facemire, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:

    Your Committee on Energy, Industry and Mining has had under consideration

    Senate Bill No. 629, Limiting liability of landowners, operators and contractors in water pollution abatement projects.

    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,

                               Douglas E. Facemire,

                                 Chair.

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

    Senator Facemire, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:

    Your Committee on Energy, Industry and Mining has had under consideration

    Senate Bill No. 638, Terminating severance tax exemption for production of natural gas or oil.

    And has amended same.

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

                             Respectfully submitted,

                               Douglas E. Facemire,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Energy, Industry and Mining pending.

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

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 652, Requiring criminal background checks for home inspector applicants.

    And has amended same.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

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

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 658, Extending time for Madison City Council to meet as levying body.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    At the request of Senator Snyder, unanimous consent being granted, the bill (S. B. No. 658) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, 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, Blair, 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)--34.

    The nays were: None.

    Absent: None.

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

    Engrossed Senate Bill No. 658 was then 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, 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)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 658) 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, 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)--34.

    The nays were: None.

    Absent: None.

    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. 658) takes effect from passage.

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

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

    Your Committee on Health and Human Resources has had under consideration

    Eng. House Bill No. 2487, Prohibiting the use of laetrile.

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

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

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

    Your Committee on Health and Human Resources has had under consideration

    Eng. House Bill No. 2729, Allowing schools to voluntarily maintain and use epinephrine auto-injectors.

    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 Education.

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

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

    The Senate proceeded to the sixth order of business.

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

    Senate Resolution No. 48--Recognizing the West Virginia Association of Alcoholism and Drug Abuse Counselors and West Virginia Certification Board of Addiction and Prevention Professionals for their commitment to ending substance abuse.

    Whereas, Working towards a healthy and productive West Virginian citizenry is of crucial importance; and

    Whereas, West Virginia has one of the highest drug prescription rate and the highest per-capita overdose death rate in the nation, with ninety percent of those deaths involving prescription drugs; and

    Whereas, West Virginia faces other pronounced drug problems, such as methamphetamine abuse and manufacturing and marijuana consumption and cultivation; and

    Whereas, Substance abuse costs West Virginia millions of dollars each year, particularly the criminal justice, education and social services systems; and

    Whereas, Substance abuse has a significant, negative impact on the job force because the perception of substance abuse problems dissuades potential employers from locating to West Virginia and current employees with substance abuse problems endanger themselves, their coworkers and their places of employment; and

    Whereas, Persons who abuse substances can be rehabilitated through proper treatment and become healthy, productive citizens; and

    Whereas, Treatment is more effective and less costly than cycling substance abusers through the criminal justice system; and

    Whereas, The costs associated with substance abuse can be avoided with action and education that prevents persons at risk from becoming addicted to substances; and

    Whereas, The West Virginia Association of Alcoholism and Drug Abuse Counselors, Inc., and the dozens of other programs and organizations aimed at preventing, treating and informing about substance abuse are critical to combating the great threat substance abuse poses to the people of West Virginia; therefore, be it

    Resolved by the Senate:

    That the Senate hereby recognizes the West Virginia Association of Alcoholism and Drug Abuse Counselors and West Virginia Certification Board of Addiction and Prevention Professionals for their commitment to ending substance abuse; and, be it

    Further Resolved, That the Senate invites all members of the West Virginia Legislature and all citizens of West Virginia to join in recognizing the value and importance of the agencies and organizations working to end substance abuse in West Virginia; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives at the West Virginia Association of Alcoholism and Drug Abuse Counselors and West Virginia Certification Board of Addiction and Prevention Professionals.

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

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

    Upon expiration of the recess, the Senate reconvened and proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 33, Requesting Joint Committee on Government and Finance study safety, roles and responsibilities of the WV Deputy Sheriff Reserves.

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

    Senate Concurrent Resolution No. 34, Requesting DOH name bridge in Wayne County "Mavis Granny Castle Bridge".

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

    The Senate proceeded to the eighth order of business.

    Eng. Senate Bill No. 10, Permitting independent initiation of disciplinary proceedings by certain licensing boards.

    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, 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)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 10) passed.

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

    Eng. Senate Bill No. 10--A Bill to amend and reenact §30-3-14 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-4-21 of said code; and to amend and reenact §30-14-12a of said code, all relating to the Board of Medicine, Board of Dental Examiners and the Board of Osteopathy; permitting the boards to independently initiate disciplinary proceedings in certain circumstances; permitting the Board of Medicine to approve certain decisions, rather than deciding them directly as a whole; and increasing the number of days within which the Board of Medicine can make certain decisions.

    Senator Unger moved that the bill take effect July 1, 2013.

    On this question, the yeas were: Barnes, Beach, Blair, 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)--34.

    The nays were: None.

    Absent: None.

    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. 10) takes effect July 1, 2013.

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

    Eng. Com. Sub. for Senate Bill No. 80, Including substitute teaching in job duties of certain professional educators employed by county boards.

    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, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Yost and Kessler (Mr. President)--30.

    The nays were: Barnes, Carmichael, Palumbo and Walters--4.

    Absent: None.

    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. 80) passed with its title.

    Senator Unger moved that the bill take effect July 1, 2013.

    On this question, the yeas were: Beach, Blair, Boley, Cann, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Yost and Kessler (Mr. President)--30.

    The nays were: Barnes, Carmichael, Palumbo and Walters--4.

    Absent: None.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 80) takes effect July 1, 2013.

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

    Eng. Com. Sub. for Senate Bill No. 243, Authorizing DEP promulgate legislative rules.

    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, Facemire, 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: Fitzsimmons--1.

    Absent: None.

    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. 243) 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, Facemire, 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: Fitzsimmons--1.

    Absent: None.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 243) 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 Senate Bill No. 265, Authorizing DHHR promulgate legislative rules.

    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, 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)--34.

    The nays were: None.

    Absent: None.

    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. 265) 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, 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)--34.

    The nays were: None.

    Absent: None.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 265) 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 Senate Bill No. 384, Increasing certified legal education credits required for court-appointed attorneys in juvenile cases.

    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, 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)--34.

    The nays were: None.

    Absent: None.

    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. 384) passed with its title.

    Senator Unger moved that the bill take effect July 1, 2013.

    On this question, the yeas were: Barnes, Beach, Blair, 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)--34.

    The nays were: None.

    Absent: None.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 384) takes effect July 1, 2013.

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

    Eng. Senate Bill No. 429, Redefining "facility" under Medication Administration by Unlicensed Personnel 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, 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)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 429) 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, 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)--34.

    The nays were: None.

    Absent: None.

    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. 429) 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 Senate Bill No. 469, Clarifying service credit for certain PERS members.

    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, 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)--34.

    The nays were: None.

    Absent: None.

    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. 469) passed with its title.

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

    Eng. Com. Sub. for Senate Bill No. 570, Cleaning up outdated language in code relating to elections.

    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, 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)--34.

    The nays were: None.

    Absent: None.

    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. 570) 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, 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)--34.

    The nays were: None.

    Absent: None.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 570) takes effect from passage.

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

    The Senate proceeded to the ninth order of business.

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

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

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

    Com. Sub. for Senate Bill No. 418, Relating to Emergency Medical Services Retirement System Act.

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

    At the request of Senator Unger, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.

    Com. Sub. for Senate Bill No. 419, Relating to Teachers Retirement System.

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

    At the request of Senator Unger, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.

    Com. Sub. for Senate Bill No. 430, Defining "employment term" in Teachers' Defined Contribution Retirement System.

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

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

    By striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 7B. TEACHERS' DEFINED CONTRIBUTION RETIREMENT SYSTEM.

§18-7B-2. Definitions.

    As used in this article, unless the context clearly requires a different meaning:

    (1) “Annual addition” means, for purposes of the limitations under Section 415(c) of the Internal Revenue Code, the sum credited to a member’s account for any limitation year of: (A) Employer contributions; (B) employee contributions; and (C) forfeitures. Repayment of cashouts or contributions as described in Section 415(k)(3) of the Internal Revenue Code, rollover contributions and picked-up employee contributions to a defined benefit plan shall not be treated as annual additions, consistent with the requirements of Treasury Regulation §1.415(c)-1;

    (2) “Annuity account” or “annuity” means an account established for each member to record the deposit of member contributions and employer contributions and interest, dividends or other accumulations credited on behalf of the member;

    (3) “Compensation” means the full compensation actually received by members for service whether or not a part of the compensation is received from other funds, federal or otherwise, than those provided by the state or its subdivisions: Provided, That annual compensation for determining contributions during any determination period may not exceed the maximum compensation allowed as adjusted for cost of living in accordance with section seven, article ten-d, chapter five of this code and Section 401(a)(17) of the Internal Revenue Code: Provided, however, That solely for purposes of applying the limitations of Section 415 of the Internal Revenue Code to any annual addition, “compensation” shall have has the meaning given it in subsection (d), section thirteen of this article;

    (4) “Consolidated board” or “board” means the Consolidated Public Retirement Board created and established pursuant to article ten-d, chapter five of this code;

    (5) “Defined contribution system” or “system” means the Teachers’ Defined Contribution Retirement System created and established by this article;

    (6) “Employer” means the agency of and within the State of West Virginia which has employed or employs a member;

    (7) “Employer contribution” means an amount deposited into the member’s individual annuity account on a periodic basis coinciding with the employee’s regular pay period by an employer from its own funds;

    (8) “Employment term” means employment for at least ten months in any plan year with a month being defined as twenty employment days;

    (8) (9) “Existing employer” means any employer who employed or employs a member of the existing retirement system;

    (9) (10) “Existing retirement system” means the State Teachers Retirement System established in article seven-a of this chapter;

    (10) (11) “Internal Revenue Code” means the Internal Revenue Code of 1986, as it has been amended;

    (11) (12) “Member” or “employee” means the following persons, if regularly employed for full-time service: (A) Any person employed for instructional service in the public schools of West Virginia; (B) principals; (C) public school librarians; (D) superintendents of schools and assistant county superintendents of schools; (E) any county school attendance director holding a West Virginia teacher’s certificate; (F) members of the research, extension, administrative or library staffs of the public schools; (G) the State Superintendent of Schools, heads and assistant heads of the divisions under his or her supervision or any other employee under the state superintendent performing services of an educational nature; (H) employees of the State Board of Education who are performing services of an educational nature; (I) any person employed in a nonteaching capacity by the State Board of Education, any county board of education or the State Department of Education, if that person was formerly employed as a teacher in the public schools; (J) all classroom teachers, principals and educational administrators in schools under the supervision of the Division of Corrections and the Department of Health and Human Resources; (K) any person who is regularly employed for full-time service by any county board of education or the State Board of Education; (L) the administrative staff of the public schools including deans of instruction, deans of men and deans of women, and financial and administrative secretaries; and (M) any person designated as a 21st Century Learner Fellow pursuant to section eleven, article three, chapter eighteen-a of this code who elects to remain a member of the Teachers’ Defined Contribution Retirement System established by this article;

    (12) (13) “Member contribution” means an amount reduced from the employee’s regular pay periods, and deposited into the member’s individual annuity account within the Teachers' Defined Contribution Retirement System;

    (13) (14) “Permanent, total disability” means a mental or physical incapacity requiring absence from employment service for at least six months: Provided, That the incapacity is shown by an examination by a physician or physicians selected by the board: Provided, however, That for employees hired on or after July 1, 2005, “permanent, total disability” means an inability to engage in substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death, or has lasted or can be expected to last for a continuous period of not less than twelve months and the incapacity is so severe that the member is likely to be permanently unable to perform the duties of the position the member occupied immediately prior to his or her disabling injury or illness;

    (14) (15) “Plan year” means the twelve-month period commencing on July 1 of any designated year and ending on the following June 30;

    (15) (16) “Public schools” means all publicly supported schools, including normal schools, colleges and universities in this state;

    (16) (17) “Regularly employed for full-time service” means employment in a regular position or job throughout the employment term regardless of the number of hours worked or the method of pay;

    (17) (18) “Required beginning date” means April 1 of the calendar year following the later of: (A) The calendar year in which the member attains age seventy and one-half years; or (B) the calendar year in which the member retires or otherwise ceases employment with a participating employer after having attained the age of seventy and one-half years;

    (18) (19) “Retirement” means a member’s withdrawal from the active employment of a participating employer and completion of all conditions precedent to retirement;

    (19) (20) “Year of employment service” means employment for at least ten months, with a month being defined as twenty employment days: Provided, That no more than one year of service may be accumulated in any twelve-month period.

§18-7B-21. Correction of errors; underpayments; overpayments.

    (a) General rule. -- If any change or employer error in the records of any existing employer or the retirement system results in a member, retirant or beneficiary receiving from the system more or less than he or she would have been entitled to receive had the records been correct, the board shall correct the error. If correction of the error occurs after retirement, the board shall adjust the payment of the benefit in an amount computed by the board to which the retirant was correctly entitled.

    (b) Underpayments. -- Any error resulting in an underpayment to the retirement system of required contributions may be corrected by the member or retirant remitting the required employee contribution and the existing employer remitting the required employer contribution. Interest accumulates in accordance with the board’s Rule, Refund, Reinstatement, Retroactive Service, Loan and Employer Error Interest Factors, 162 CSR 7, and any accumulating interest owed on the employee and employer contributions resulting from an employer error is the responsibility of the participating public employer. The existing employer may remit total payment and the employee may reimburse the existing employer through payroll deduction over a period equivalent to the time period during which the employer error occurred. If the correction of an error involving an underpayment of required contributions to the retirement system will result in increased payments to a retirant, including increases to payments already made, any adjustments may be made only after the board receives full payment of all required employee and employer contributions, including interest.

    (c) Overpayments. -- (1) When mistaken or excess employer contributions, including any overpayments, have been made to the retirement system by an existing employer, due to error or other reason, the board shall credit the existing employer with an amount computed by the board, to be offset against the existing employer's future liability for employer contributions to the system.

    (2) When mistaken or excess employee contributions, including any overpayments, have been made to the retirement system, due to error or other reason, the board has sole authority for determining the means of return, offset or credit to or for the benefit of the employee of the amounts, and may use any means authorized or permitted under the provisions of Section 401(a), et seq., of the Internal Revenue Code and guidance issued thereunder applicable to governmental plans. Alternatively, in its full and complete discretion, the board may require the existing employer to pay the employee the amounts as wages, with the board crediting the existing employer with an amount to offset against its future contributions to the plan: Provided, That the wages paid to the employee are not considered compensation for any purposes under this article.

    The bill (Com. Sub. for S. B. No. 430), as amended, was then ordered to engrossment and third reading.

    Com. Sub. for Senate Bill No. 431, Relating to public employer liability for delinquent retirement contributions.

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

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

    By striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 10D. CONSOLIDATED PUBLIC RETIREMENT BOARD.

§5-10D-11. Liability of participating public employer for delinquent retirement contributions; liability of participating public employer’s successor for delinquent retirement contributions; lien for delinquent contributions; collection by suit.

    (a) A participating public employer of a public retirement system administered pursuant to this article that fails, for a period of sixty days, to pay: (i) An employee retirement contribution; (ii) an employer retirement contribution; (iii) a delinquency fee; (iv) any other fees, charges or costs related to the public retirement system; or (v) any combination of subdivisions (i) through (iv), inclusive, of this subsection, is liable for the amount pursuant to this article.

    (b) If a participating public employer of a public retirement system administered pursuant to this article: (i) Sells all or substantially all of its stock or assets; (ii) merges with another entity; (iii) dissolves its business; or (iv) participates, voluntarily or involuntarily, in an event which causes its business to terminate, all unpaid employee retirement contributions, employer retirement contributions, delinquency fees and other fees, charges, or costs related to the public retirement system shall be paid within thirty days of the date of applicable event identified in subdivisions (i) through (iv), inclusive, of this subsection.

    (c) A transferee, successor or assignee of a participating public employer of a public retirement system administered pursuant to this article is liable for the payment of all employee retirement contributions, employer retirement contributions, delinquency fees and other fees, charges or costs related to the public retirement system, if the participating public employer does not pay those amounts as provided in subsection (b) of this section.

    (d) All amounts due to the Consolidated Public Retirement Board from a participating public employer under this article is a debt owed to the Consolidated Public Retirement Board enforceable by a lien on all assets of a participating public employer, or its transferee, successor or assignee within this state. The lien attaches to all assets of a participating public employer within this state, or all assets of its transferee, successor or assignee on the date that any amount owed to the Consolidated Public Retirement Board is due. If a participating public employer, or its transferee, successor or assignee fails to pay an amount owed to the Consolidated Public Retirement Board under this article for a period of more than sixty days, the Consolidated Public Retirement Board may enforce the lien against the participating public employer, or its transferee, successor or assignee by instituting an action in the Circuit Court of Kanawha County. In the event that the Consolidated Public Retirement Board institutes an action against a participating public employer, or its transferee, successor or assignee to enforce a lien, the Consolidated Public Retirement Board is entitled to recover the amounts identified in subsection (a) of this section and in addition to those amounts, is entitled to recover all fees and costs incurred by the Consolidated Public Retirement Board during the pendency of the action, including, without limitation, accrued interest, expert witness costs, filing fees, deposition costs and reasonable attorney fees.

    (e) If a section, subsection, subdivision, provision, clause or phrase of this article or its application to any person or circumstance is held unconstitutional or invalid, the unconstitutionality or invalidity does not affect other sections, subsections, subdivisions, provisions, clauses or phrases or applications of the article, and to this end each and every section, subsection, subdivision, provision, clause and phrase of this article are declared to be severable. The Legislature declares that it would have enacted the remaining sections, subsections, subdivisions, provisions, clauses and phrases of this article even if it had known that any sections, subsections, subdivisions, provisions, clauses and phrases of this article would be declared to be unconstitutional or invalid, and that it would have enacted this article even if it had known that its application to any person or circumstance would be held to be unconstitutional or invalid.

    The bill (Com. Sub. for S. B. No. 431), as amended, was then ordered to engrossment and third reading.

    Senate Bill No. 491, Relating to rental car license cost recovery fee.

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

    Senate Bill No. 507, Relating to PERS and State Police Retirement System contribution rates.

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

    Eng. House Bill No. 2784, Relating to the Deputy Sheriff Retirement System Act.

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

    Senate Bill No. 52, Relating to Rural Health Initiative Act.

    Com. Sub. for Senate Bill No. 146, Collecting unpaid magistrate court charges through income tax refund withholding.

    Senate Bill No. 157, Exempting certain nonresidents from Class D license requirement.

    Senate Bill No. 331, Permitting Courthouse Facilities Improvement Authority to issue bonds.

    Senate Bill No. 394, Relating to scholarships for dependent children of state troopers who die in performance of duty.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 448, Increasing number of demonstration dealer plates issued to large commercial vehicle dealers.

    Senate Bill No. 463, Increasing special license fee paid by pipeline companies to PSC.

    Com. Sub. for Senate Bill No. 482, Relating to sale of voter registration lists.

    Com. Sub. for Com. Sub. for Senate Bill No. 488, Relating to damage to health or safety systems of certain facilities.

    Senate Bill No. 506, Relating to residency requirement of state-chartered banking institution directors.

    Com. Sub. for Senate Bill No. 542, Relating to restricted races at pari-mutuel thoroughbred horse race tracks.

    And,

    Com. Sub. for Senate Bill No. 563, Excluding platinum, gold, silver and palladium from definition of "scrap metal".

    Pending announcement of meetings of standing committees of the Senate, including a minority party caucus,

    On motion of Senator Unger, the Senate recessed until 4:30 p.m. today.

    Upon expiration of the recess, the Senate reconvened and, at the request of Senator Unger, unanimous consent being granted, returned to the fourth order of business.

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

    Your Committee on Government Organization has had under consideration

    Com. Sub. for Senate Bill No. 21, Creating Health Care Provider Transparency Act.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 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. 88, Prohibiting fundraising by legislators during regular session.

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

    Com. Sub. for Senate Bill No. 88 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §3-8-12 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §6B-3-8a, all relating to contributions by lobbyists to political candidates; prohibiting lobbyists from making campaign contributions to certain persons during the sixty-day period of the regular session; prohibiting certain persons from accepting campaign contributions from registered lobbyists during the sixty-day period of the regular session; removing outdated language in code; and clarifying prohibitions on solicitation of certain things of value.

    Senate Bill No. 378, Increasing certain magistrate and staff salaries to precensus amounts.

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

    Com. Sub. for Senate Bill No. 378 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §50-1-3, §50-1-8, §50-1-9 and §50-1-9a of the Code of West Virginia, 1931, as amended, all relating to adjusting the population line upon which salaries for magistrates and certain magistrate employees are calculated; providing an effective date; and providing that the adjustments are retroactive to January 1, 2013.

    Senate Bill No. 388, Requiring DHHR pay for certified programs for certain drug offenders.

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

    Com. Sub. for Senate Bill No. 388 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §62-15-7 of the Code of West Virginia, 1931, as amended, relating to authorizing drug courts to refer drug court participants who may have cooccurring addiction and mental illness conditions to properly licensed, certified mental health professionals for purposes of diagnosis and treatment; and directing the Department of Health and Human Services using the medicaid fee schedule therefore if the participant is without insurance and unable to pay.

    And,

    Senate Bill No. 478, Redefining "video lottery games"; permitting wagering by historic resort hotel employees.

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

    Com. Sub. for Senate Bill No. 478 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §29-22A-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §29-22B-332 of said code; and to amend and reenact §29-25-2 and §29-25-24 of said code, all relating to deleting those video lottery games which allow players an option to select replacement symbols or numbers or additional symbols or numbers after the game is initiated and in the course of play from the definition of “video lottery game”; and permitting an employee of an historic resort hotel to wager at the gaming facility of that historic hotel.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bills (Com. Sub. for S. B. Nos. 88, 378, 388 and 478) contained in the preceding report from the Committee on the Judiciary were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were then referred to the Committee on Finance.

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

    Your Committee on Economic Development has had under consideration

    Senate Bill No. 167, Creating West Virginia Future Fund.

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

    Com. Sub. for Senate Bill No. 167 (originating in the Committee on Economic Development)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13A-5b, relating to the use of oil and natural gas severance tax revenues; setting a baseline of oil and natural gas severance tax revenue collections; creating the West Virginia Future Fund; providing for the distribution of funds collected in excess of that baseline; providing for initial funding of West Virginia Future Fund to consist of twenty-five percent of excess proceeds from oil and natural gas severance taxes; expressing legislative intent not to encumber or otherwise use any principal or interest from the West Virginia Future Fund for a term of twenty years; addressing use of the West Virginia Future Fund; further dedicating three percent of all oil and natural gas severance tax revenues annually to the oil- and natural gas-producing counties of origin and their respective municipalities; establishing state and local oil and gas county reallocated severance tax funds and providing for distribution of the moneys to the county commissions and governing bodies of the municipalities by the State Treasurer; establishing amounts each oil- and gas-producing county and their respective municipalities are to receive; requiring the creation of local funds into which moneys are to be deposited; requiring moneys to be expended solely for economic development projects and infrastructure projects; providing definitions; providing restrictions on the expenditure of moneys; providing duties of State Tax Commissioner; requiring report of expenditures to Joint Committee on Government and Finance; providing audits of distributed funds when authorized by the Joint Committee on Government and Finance; and authorizing legislative and emergency rules.

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

                             Respectfully submitted,

                               Bob Williams,

                                 Chair.

    At the request of Senator Williams, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 167) contained in the preceding report from the Committee on Economic Development was taken up for immediate consideration, read a first time, ordered to second reading and, 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. 349, Implementing Child and Adolescent Needs and Strengths System for evaluating out-of-home placement of children.

    And,

    Senate Bill No. 631, Providing bonding authority to Affordable Housing Trust Fund.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bills (S. B. Nos. 349 and 631) contained in the preceding report from the Committee on the Judiciary were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were 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. 354, Requiring study on alternative revenue sources for funding state roads.

    And has amended same.

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

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

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 363, Implementing purchasing reforms.

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

    Com. Sub. for Senate Bill No. 363 (originating in the Committee on Government Organization)--A Bill to amend and reenact §5A-3-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §5A-3-10d, §5A-3-60 and §5A-3-61, all relating to the Purchasing Division; clarifying the powers and duties of the director under the direction and supervision of the Administration Secretary; prohibiting the Purchasing Division from using the secondary bid process commencing July 1, 2013; requiring annual purchasing training for executive branch officials; creating a Purchasing Task Force; study and reporting requirements for the task force; and expense reimbursement for legislative members of the task force.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    At the request of Senator Snyder, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 363) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.

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

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 401, Relating to Board of Registration for Professional Engineers.

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

    Com. Sub. for Senate Bill No. 401 (originating in the Committee on Government Organization)--A Bill to amend and reenact §30-13-6, §30-13-13, §30-13-15 and §30-13-17 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-13-13a, all relating to the Board of Registration for Professional Engineers and the requirements for registration and certification of engineers, engineer interns and engineering businesses; providing for compensation of, and reimbursement for, members of the board at same rate as legislative interim pay; providing for registration of engineers generally; adding additional classifications of registration; setting forth qualifications for engineer interns; establishing designations for engineers ineligible to practice; updating examination provisions to comport with changes at the national level; providing emergency rule-making authority to comply with changes in standardized tests; and clarifying the certificate of authorization requirements.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    At the request of Senator Snyder, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 401) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time, ordered to second reading and, 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. 470, Permitting wine sale on Sunday mornings at fairs and festivals.

    With an amendment from the Committee on Agriculture and Rural Development pending;

    And reports the same back with the recommendation that it do pass as amended by the Committee on Agriculture and Rural Development to which the bill was first referred.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 498, Requiring Alcohol Beverage Control Administration's appeal hearings be heard only in Kanawha County.

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

    Com. Sub. for Senate Bill No. 498 (originating in the Committee on Government Organization)--A Bill to amend and reenact §11-16-24 of the Code of West Virginia, 1931, as amended; to amend and reenact §60-3A-28 of said code; to amend and reenact §60-7-13a of said code; and to amend and reenact §60-8-18 of said code, all relating to hearing procedures for certain licenses issued by the Alcohol Beverage Control Administration; requiring that appeals from the commissioner’s decision regarding disciplinary action against a licensee are to be brought in the circuit court of Kanawha County or the circuit court in the county where the facility subject to the commissioner’s decision is located or proposed to be located; and providing that the licensee appealing the commissioner’s decision is required to pay the costs and fees incident to transcribing, certifying and transmitting records pertaining to the appeal.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    At the request of Senator Snyder, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 498) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary.

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

    Your Committee on the Judiciary has had under consideration

    Senate Bill No. 533, Modifying definitions of "battery" and "domestic battery".

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

    Com. Sub. for Senate Bill No. 533 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §61-2-9 and §61-2-28 of the Code of West Virginia, 1931, as amended, relating to directly prosecuting for battery an assault where the victim has certain relationships; conviction of which triggers federal firearms prosecution be prosecuted as a domestic battery or domestic assault to be consistent with federal case law; and amending definition of “domestic battery” and “domestic assault”.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 543, Allowing Legislative Auditor establish application review fee schedule.

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

    Com. Sub. for Senate Bill No. 543 (originating in the Committee on Government Organization)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §4-2-4a; and to amend said code by adding thereto a new section, designated §30-1A-2a, all relating to the Legislative Auditor; authorizing the Legislative Auditor to establish and charge fees for the sunrise application review process; reporting requirements; and terminating these fees on July 1, 2015.

    Senate Bill No. 557, Continuing Preventive Care Pilot Program.

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

    Com. Sub. for Senate Bill No. 557 (originating in the Committee on Government Organization)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2J-3a, relating to authorizing continued operation of certain preventative care programs after expiration date of the pilot program.

    And,

    Senate Bill No. 564, Increasing minimum construction cost of municipal public works project before competitive bidding is required.

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

    Com. Sub. for Senate Bill No. 564 (originating in the Committee on Government Organization)--A Bill to amend and reenact §8-16-5 of the Code of West Virginia, 1931, as amended, relating to increasing the minimum construction cost of a municipal public works project before competitive bidding is required; and defining terms.

    With the recommendation that the three committee substitutes do pass.

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    Senator Kirkendoll, from the Committee on Interstate Cooperation, submitted the following report, which was received:

    Your Committee on Interstate Cooperation has had under consideration

    Senate Bill No. 552, Creating Uniform Real Property Electronic Recording Act.

    And,

    Senate Bill No. 582, Implementing terms of Uniform Arbitration Act.

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

                             Respectfully submitted,

                               Art Kirkendoll,

                                 Chair.

    At the request of Senator Kirkendoll, unanimous consent being granted, the bills (S. B. Nos. 552 and 582) contained in the preceding report from the Committee on Interstate Cooperation were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were 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

    Com. Sub. for Senate Bill No. 553 (originating in the Committee on Transportation and Infrastructure), Relating to Highway Design-Build Program.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 553 (originating in the Committee on Finance)--A Bill to amend and reenact §17-2D-2 and §17-2D-5 of the Code of West Virginia, 1931, as amended, all relating to the continuation of the Highway Design-Build Pilot Program; changing the name to the Highway Design-Build Program; removing the sunset date of the program; modifying limitations on design-build projects; requiring identification of design-build projects; modifying reporting requirements; and requiring annual reporting.

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

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

    Your Committee on the Judiciary has had under consideration

    Senate Bill No. 592, Removing requirement Physicians' Mutual Insurance Company be nonprofit corporation.

    And reports the same back with the recommendation that it 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. 604, Expanding definition of "electioneering communication" to include certain nonbroadcast media.

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

    Com. Sub. for Senate Bill No. 604 (originating in the Committee on the Judiciary)--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; defining terms; and expanding the definition of “electioneering communication”.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

    Your Committee on Economic Development has had under consideration

    Senate Bill No. 653, Establishing job creation work groups.

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

                             Respectfully submitted,

                               Bob Williams,

                                 Chair.

    The Senate proceeded to the fifth order of business.

    Senator Unger, from the Select Committee on Children and Poverty, submitted the following report, which was received:

    Your Select Committee on Children and Poverty has had under consideration

    Senate Bill No. 663 (originating in the Select Committee on Children and Poverty)--A Bill to repeal §18-5-37 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §18-5D-1, §18-5D-2, §18-5D-3 and §18-5D-4, all relating to improving the nutrition and health of West Virginia’s children; creating the West Virginia Feed to Achieve Act; providing legislative findings and intent; phasing in implementation of the West Virginia Feed to Achieve Act; requiring nutritious breakfast and lunch be made available to all students; requiring all schools to adopt delivery systems, strategies and methods to maximize participation by students; providing for recordkeeping and reporting; authorizing continuation or termination of nutrition programs under certain conditions; providing that classroom teachers may not be required to operate a breakfast program as part of their regular duties; establishing nonprofit foundations or funds to provide moneys for school nutrition programs; providing for acceptance of private contributions; authorizing expenditures of private funds to draw down maximum federal funds for child nutrition; authorizing certain expenditures; prohibiting use of private funds for administrative or personnel expenses; authorizing partnerships with federal and state agencies and public and private organizations to expand options for providing healthy, nutritious food to children; encouraging healthy food initiatives such as community gardens and farm-to-school programs; and requiring an annual audit of the private funds.

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

                             Respectfully submitted,

                               John R. Unger II,

                                 Chair.

    At the request of Senator Unger, unanimous consent being granted, the bill (S. B. No. 663) contained in the preceding report from the Select Committee on Children and Poverty was taken up for immediate consideration, read a first time and ordered to second reading.

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

    On motion of Senator Unger, the Senate adjourned until tomorrow, Thursday, March 28, 2013, at 11 a.m.

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