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Senate Journal


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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2014

FORTY-EIGHTH DAY

____________

Charleston, W. Va., Monday, February 24, 2014

    The Senate met at 11 a.m.

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

    Prayer was offered by Pastor Damon Vest, Jr., Marianna Freewill Baptist Church, Wyoming, West Virginia.

    Pending the reading of the Journal of Friday, February 21, 2014,

    On motion of Senator D. Hall, 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. 3108--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5C-21, relating to criminal background checks on applicants for employment by nursing homes.

    Referred to the Committee on the Judiciary.

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

    Eng. Com. Sub. for House Bill No. 4318--A Bill to amend and reenact §30-1-7a of the Code of West Virginia, 1931, as amended, relating to continuing education relevant to mental health issues of veterans and their families; providing certain boards adopt continuing education courses relevant to mental health issues of veterans and their families as part their continuing education requirements for licensure or renewal; and requiring a minimum of two hours of continuing education relevant to mental health issues of veterans and their families for licensure renewal for certain professions.

    Referred to the Committee on Military; and then 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. 4399--A Bill to amend and reenact §11-8-16 of the Code of West Virginia, 1931, as amended, relating to special elections for the purpose of submitting a levy question to voters; prohibiting a local levying body from holding more than one special election for the purpose of submitting a levy question to the voters in any year during which a regular primary or general election is held and prohibiting a local levying body from holding a special election for the purpose of submitting a levy question to voters during the months of January, February and December during years in which there is no regular primary or general election.

    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. 4409--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21A-12-1, §21A-12-2, §21A-12-3, §21A-12-4, §21A-12-5, §21A-12-6, §21A-12-7, §21A-12-8, §21A-12-9, §21A-12-10, §21A-12-11, §21A-12-11 and §21A-12-13, all relating to the creation of Valued Employee Retention Program; authorizing the Commissioner to enforce the requirements of the program; specifying the contents of an application for participation; limitations on employer participation; providing criteria for approval or denial of work share plan; effective date and duration of program plan; revocation of an approved plan; modification of an approved program plan; eligibility for benefits; employee benefits; charging of program benefits to employer; eligibility for extended benefits; and requiring report to Legislature.

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

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

    Eng. House Bill No. 4437--A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §49-5E-6a and §49-5E-6b, all relating to the Division of Juvenile Services; authorizing the Director of Juvenile Services to establish juvenile trustee accounts and funds for earnings and personal property of juveniles; creating a juvenile benefit fund; and including residents of the Division of Juvenile Services as a division designated to receive and disburse such funds.

    Referred to the Committee on the Judiciary.

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

    Eng. House Bill No. 4457--A Bill to amend and reenact §18B-17-3 of the Code of West Virginia, 1931, as amended, relating to authorizing a legislative rule for the Council for Community and Technical College Education regarding standards for granting college credit for courses under the West Virginia EDGE program.

    Referred to the Committee on Education.

    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. 4473--A Bill to amend and reenact §3-1-5 and §3-1-29 of the Code of West Virginia, 1931, as amended, all relating to establishing voting precincts and changing the composition of standard receiving boards; increasing the limit on the size of voting precincts to three thousand registered voters in urban areas and one thousand five hundred in rural areas; permitting precincts in urban or rural areas to have fewer than the minimum numbers of registered voters allowed; permitting an increase in the size of standard receiving boards in enlarged precincts; providing an option to have more poll workers and commissioners; and permitting fewer poll workers in precincts during a municipal election where there is no simultaneous state or county election.

    Referred to the Committee on the Judiciary.

    A message from The Clerk of the House of Delegates announced that that body had refused to concur in the Senate amendments to, and requested the Senate to recede therefrom, as to

    Com. Sub. for House Concurrent Resolution No. 27, The Audra Park Bridge in Memory of Army Sergeant John A. Charnoplosky.

    On motion of Senator Unger, the message on the resolution was taken up for immediate consideration.

    On further motion of Senator Unger, the Senate acceded to the request of the House of Delegates and receded from its amendments to the resolution.

    Committee Substitute for House Concurrent Resolution No. 27, as amended by deletion, was then put upon its adoption.

    The question being on the adoption of the resolution, the same was put and prevailed.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

    A message from The Clerk of the House of Delegates announced that that body had refused to concur in the Senate amendments to, and requested the Senate to recede therefrom, as to

    Com. Sub. for House Concurrent Resolution No. 35, The Arden Bridge in Memory of Abbie Gall.

    On motion of Senator Unger, the message on the resolution was taken up for immediate consideration.

    On further motion of Senator Unger, the Senate acceded to the request of the House of Delegates and receded from its amendments to the resolution.

    Committee Substitute for House Concurrent Resolution No. 35, as amended by deletion, was then put upon its adoption.

    The question being on the adoption of the resolution, the same was put and prevailed.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

    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. 64--Requesting that bridge number 21-33-22.22 near the Weston exit off I-79, and 0.09 miles west of the junction of county 119/21, locally known as Sauls Run W-Beam Bridge, crossing over Stonecoal Creek, Bars numbers 21A094 and 21A153, in Lewis County, West Virginia, be named the "SSG Earl F. (Fred) Brown 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. 70--Requesting the Division of Highways to name bridge number 35-40-7.52 (35A139) on Route 40 in Wheeling, Ohio County, the “US Army Sgt. Matthew D. Hunter Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    The Senate proceeded to the fourth order of business.

    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. 592, Creating felony offense of knowingly leaving crash scene resulting in serious bodily injury.

    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. 592) 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 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 Concurrent Resolution No. 29, Requesting DOH erect sign in Raleigh County "Birthplace of Bill Withers, noted Grammy Award- winning recording artist".

    And reports back a committee substitute for same as follows:

    Com. Sub. for Senate Concurrent Resolution No. 29 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to erect a sign near the intersection of Slab Fork Road, Amy Lane and Harlock Lane in Slab Fork, Raleigh County, West Virginia, on County Route 28/1 that states “Home of Bill Withers”, noted Grammy Award-winning recording artist.

    Whereas, William Harrison “Bill” Withers, Jr., a singer, songwriter and musician, was born on July 4, 1938, in the small coal mining town of Slab Fork, West Virginia. He was the youngest of six children and raised in nearby Beckley, West Virginia. His father died when Bill was thirteen; and

    Whereas, Bill Withers enlisted in the United States Navy at age seventeen and served for nine years, during which time he became interested in singing and writing songs. Bill was discharged from the Navy in 1965, and he relocated to Los Angeles in 1967 to begin a musical career; and

    Whereas, Bill Withers worked as an assembler for several different companies, including Douglas Aircraft Corporation, while recording demo tapes with his own money and performing in clubs at night. Bill would keep his day job as an assembler well after his subsequent breakthrough success in the music business because of his belief that it was a fickle industry; and

    Whereas, On the strength of Bill's demonstration tapes, he was signed to a record deal by Sussex Records in 1970 and Booker T. Jones was assigned to produce his first album. “Just as I Am” was released in 1971 and included the single tracks, “Ain’t No Sunshine” and “Grandma’s Hands”; and

    Whereas, Bill Withers won the 1972 Grammy Award for best R&B Song for “Ain't No Sunshine” and he was also awarded a R. I. A. A. platinum disc for the song. Bill Wither's second album, “Still Bill”, which was described as “a stone-soul masterpiece” by Rolling Stone magazine, was released in 1972 and included the hit singles “Lean on Me” and “Use Me”. The single "Lean on Me" went to number one the week of July 8, 1972, and Bill was awarded a R. I. A. A. gold disc for the song. The single “Use Me” became his third million seller and brought him another gold disc award. Bill won a second Grammy Award in 1982 for Best R&B Song for “Just the Two of Us”, which was recorded with Grover Washington, Jr.; and

    Whereas, Bill Withers was inducted into the Songwriters Hall of Fame in 2005, and he was honored by the American Society of Composers, Authors and Publishers in 2006 with the society’s Rhythm & Soul Heritage Award, which is presented to ASCAP members who have had a major impact on the legacy of rhythm and soul music. Additional honors include multiple Millionaires citations from Broadcast Music Incorporated (BMI); a Soul Train Hall of Fame award; two NAACP Image awards; induction into the inaugural class of the West Virginia Music Hall of Fame; and a Clio award. In 2007 “Lean On Me” was enshrined in the Grammy Hall of Fame; and

    Whereas, In addition to his outstanding musical contributions, Bill Withers has also done good works for his native area, including generously donating to help restore Greenwood Memorial Park Cemetery in Beckley and commissioning a painting entitled “Grandma’s Hands” for display at Tamarack in Beckley; and

    Whereas, It is only fitting that we recognize Bill Withers for his many accomplishments and for the pride he has instilled in all West Virginians by placing this marker in the town of his birth; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to erect a sign near the intersection of Slab Fork Road, Amy Lane and Harlock Lane in Slab Fork, Raleigh County, West Virginia, on County Route 28/1 that states “Home of Bill Withers”, noted Grammy Award-winning recording artist; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to Bill Withers.

    And,

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

    And reports back a committee substitute for same as follows:

    Com. Sub. for Senate Concurrent Resolution No. 34 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name bridge number 48-18-19.41 (48A101), locally known as Pleasant View Bridge, carrying Route 18 over Point Pleasant Creek, Tyler County, near the turnoff to Sellers Road, the “U. S. Army Staff Sgt. Jesse A. Ault Memorial Bridge”.

    Whereas, Staff Sgt. Jesse A. Ault was born in Wheeling, West Virginia, and spent ten years of his life residing in Middlebourne, West Virginia; and

    Whereas, Staff Sgt. Jesse A. Ault attended and graduated from Tyler Consolidated High School in 1998 where he played football and baseball; and

    Whereas, Staff Sgt. Jesse A. Ault reenlisted in the National Guard and took his wife’s place when she was recalled to active duty so she could stay stateside and care for their children; and

    Whereas, Staff Sgt. Jesse A. Ault left his small community to serve and protect the citizens of this great land and the Constitution of this great nation; and

    Whereas, Staff Sgt. Jesse A. Ault was dedicated to his school, friends and community where he spent an important stint during his life; and

    Whereas, Sadly, Staff Sgt. Jesse A. Ault gave his life forever and always on April 9, 2008, serving his country during Operation Iraqi Freedom; and

    Whereas, Staff Sgt. Jesse A. Ault’s memory leaves a proud smile on the faces of the citizens of Tyler County, recounting his grand adventure of twenty-eight years as a student, friend, family member, husband, father and warrior soldier; and

    Whereas, It is fitting to honor the life of Staff Sgt. Jesse A. Ault by naming this bridge in his memory as an everlasting tribute to his service and sacrifice to his country; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name bridge number 48-18-19.41 (48A101), locally known as Pleasant View Bridge, carrying Route 18 over Point Pleasant Creek, Tyler County, near the turnoff to Sellers Road, the “U. S. Army Staff Sgt. Jesse A. Ault Memorial Bridge”; and, be it

    Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “U. S. Army Staff Sgt. Jesse A. Ault Memorial Bridge”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways.

    With the recommendation that the two committee substitutes be adopted.

                             Respectfully submitted,

                               Robert D. Beach,

                                 Chair.

    At the request of Senator Beach, unanimous consent being granted, the resolutions (S. C. R. Nos. 29 and 34) contained in the preceding report from the Committee on Transportation and Infrastructure were taken up for immediate consideration and considered simultaneously.

    The question being on the adoption of the resolutions, the same was put and prevailed.

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

    The Senate proceeded to the sixth order of business.

    Senators Miller, Laird, Plymale, Jenkins, Green, Cole, Unger and Wells offered the following resolution:

    Senate Concurrent Resolution No. 50--Requesting the Division of Highways to name that stretch of road on State Route 20 known as the Hinton Bypass between Beech Run Road and Temple Street in Hinton, Summers County, the “The Marine Sgt. Mecot E. Camara Memorial Highway”.

    Whereas, Mecot Eugene Camara was born in Hinton, West Virginia, on December 28, 1960, to Billie Jean Hoskins Camara, of American ancestry, and Prudencio Camara, of Philippine ancestry. He was raised and educated in Hinton where he met his high school sweetheart Tammy Ratliff. They eventually married on May 5, 1981. They had a son, Mecot Echo Camara, born on March 29, 1982; and

    Whereas, Sgt. Mecot E. Camara enlisted in the U. S. Marine Corps to serve the country he loved in 1981. He commenced basic training at Parris Island, South Carolina, on January 21, 1981, completing his training on April 4, 1981. This prideful and passionate American then served his country for two years, sacrificing his life after going into Beirut in 1983 as a member of the International Peacekeeping Force in May, 1983. Sgt. Mecot E. Camara lost his life in October, 1983, during a terrorist suicide bombing in the battlefield. He received awards and service recognition including Meritorious Mast, Purple Heart, Combat Action Ribbon, Navy and Marine Corps Achievement Medal, Navy Unit Commendation, Marine Corp Expeditionary Medal and Sea Service Deployment Ribbon. However, his greatest military achievement was that of being a distinguished U. S. Marine sergeant; and

    Whereas, Sgt. Mecot E. Camara was survived by two beautiful sisters and one son, Threase Camara Riggs, Elisa M. Camara and Mecot Echo Camara. The Camara family continues to share the legacy of their beloved Sgt. Camara to inspire West Virginians and Americans that they can be heros even from small towns and serve and be proud of the America, Land of the Free, while also protecting innocent lives around the world; and

    Whereas, Sgt. Mecot E. Camara made the ultimate sacrifice for his country and in doing so represented West Virginia and his country with the highest levels of honor and courage and his sacrifice should not go unnoticed, and naming that stretch of road on State Route 20 known as the Hinton Bypass between Beech Run Road and Temple Street in Hinton, Summers County, the “Marine Sgt. Mecot E. Camara Memorial Highway” is an appropriate recognition of his patriotism, love of liberty and ultimate sacrifice for state and country; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name that stretch of road on State Route 20 known as the Hinton Bypass between Beech Run Road and Temple Street in Hinton, Summers County, the “Marine Sgt. Mecot E. Camara Memorial Highway”; and, be it

    Further Resolved, That the Commissioner of the Division of Highways is hereby requested to create signs at both ends of the highway, proclaiming this roadway to be the “Marine Sgt. Mecot Camara Memorial Road Highway”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways, Summers County Commission, and to Sgt. Mecot's sisters, Threase Camara Riggs and Elisa M. Camara, and his son, Mecot Camara.

    Which, under the rules, lies over one day.

    Senators Chafin, Plymale, Jenkins, Green and Cole offered the following resolution:

    Senate Concurrent Resolution No. 51--Requesting the Division of Highways to name the bridge that crosses over Hurricane Creek in Wayne County on Route 37, 2.29 miles from the intersection with Route 52, the “Wilburn George ‘Button’ Meredith Memorial Bridge”.

    Whereas, Wilburn George “Button” Meredith was born to Wilburn G. Meredith, Sr., and Rose Marie Meredith, and was a brother of Joe Frederick and John Franklin Daugherty; and

    Whereas, Mr. Meredith went to Fort Gay Elementary School and Fort Gay High School, home of the Vikings, and was a resident of Fort Gay for forty-seven years; and

    Whereas, Mr. Meredith met his wife, Melissa Meredith, when he was twelve years old. They were married during their senior year and were members of the last graduating class of Fort Gay High School. They had two children: A son, Justin Tyler Meredith, and a daughter, Kendra Rose Meredith; and

    Whereas, Mr. Meredith always had a smile on his face and loved to joke with everyone. In his youth, Mr. Meredith was a volunteer fireman and volunteered on the Mountain Heritage Day Committee; and

    Whereas, Mr. Meredith passed away on June 20, 2013, in Lincoln County, while employed as Transportation Crew Supervisor for the West Virginia Department of Highways, where he had worked for over twenty-three years; and

    Whereas, The last year of Mr. Meredith’s life saw the birth of his first grandchild, Braxton Tyler Meredith. In December, 2013, his second grandchild, Meredith Ann Brewer, was born and his third grandchild is scheduled to enter this world April 3, 2014; and    Whereas, Mr. Meredith loved his family and his job and truly cared for the men and women he worked with. He knew many people, and was a true friend not only to those he knew but to total strangers as well. Mr. Meredith could see this bridge from his home and watched as it was being rebuilt. He never got to see it completed; and

    Whereas, It is fitting to honor the life of Department of Highways employee Wilburn George “Button” Meredith by naming this bridge in his memory; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name the bridge that crosses over Hurricane Creek in Wayne County on State Route 37, 2.29 miles from the intersection with Route 52, the “Wilburn George ‘Button’ Meredith Memorial Bridge”; and, be it

    Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “Wilburn George ‘Button’ Meredith Memorial Bridge”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways and Mr. Meredith’s widow, Melissa Meredith.

    Which, under the rules, lies over one day.

    Senators Wells, Kessler (Mr. President), Plymale, Jenkins, D. Hall, Green, Edgell, Cookman, Yost and Unger offered the following resolution:

    Senate Concurrent Resolution No. 52--Requesting the Division of Highways to place signage along highways entering West Virginia honoring fallen veterans and Gold Star Families.

    Whereas, More than ten thousand men and women from West Virginia have died during twentieth and twenty-first century military actions, either in combat or during the official period of conflict and prior to discharge from the military. The ultimate sacrifices made by these men and women for their country and West Virginia represent the highest levels of honor and courage and should not go unnoticed; and

    Whereas, Gold Star Families are those families who have family members who died or were killed serving in the armed forces. They are the families of fallen military heroes, whether they gave their lives in Iraq, Afghanistan, Vietnam, Korea, WWII or another conflict; and

    Whereas, Rather than attempt to acknowledge individually each of these fallen warriors and patriots by finding a bridge or stretch of road or highway to be named for the individual veterans, it would be a more worthy form of recognition, homage and honor to these heroes and heroines and the Gold Star Families if signage were erected at the highways that enter West Virginia; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to place signage along highways entering West Virginia honoring fallen veterans and Gold Star Families; and, be it

    Further Resolved, That the Commissioner of the Division of Highways is hereby requested to create and erect signs upon any highway entering the State of West Virginia on which a “Welcome to West Virginia” sign is posted, and any other highway the Division of Highways considers appropriate, posted at a distance of not more than one mile from each border crossing. Each sign shall read “West Virginia is proud to honor its fallen Veterans and Gold Star Families” and shall have affixed to it a gold star symbol similar to the design of the lapel pin approved under 10 U. S. C. § 1126; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways.

    Which, under the rules, lies over one day.

    Senators Laird, Miller, Plymale, Jenkins, Green and Unger offered the following resolution:

    Senate Concurrent Resolution No. 53--Requesting the Division of Highways to name portions of County Route 82, known as Fayette Station Road, beginning at the intersection with U. S. Route 19 and including all portions located south of the New River in Fayette County, the “Deputy Roger Lee Treadway Memorial Road.”

    Whereas, Deputy Treadway was born May 5, 1950, in Oak Hill, Fayette County; and

    Whereas, Following his graduation from Fayetteville High School in 1969, Deputy Treadway joined the U. S. Marine Corps and served his country in Vietnam; and

    Whereas, Upon returning home from Vietnam, Deputy Treadway attended the State Police Academy, graduating in November, 1973; and

    Whereas, Deputy Treadway spent four and a half years serving first in the Fayetteville Police Department and later in the Fayette County Sheriff’s Department; and

    Whereas, Deputy Treadway was tragically killed in the line of duty on October 8, 1975, near Hico, Fayette County, by an assailant, while he and his partner were rendering aid to a motorist; and

    Whereas, It is fitting to honor Deputy Treadway’s life and service by naming Fayette Station Road after him; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Division of Highways to name portions of County Route 82, known as Fayette Station Road, beginning at the intersection with U. S. Route 19 and including all portions located south of the New River in Fayette County, the “Deputy Roger Lee Treadway Memorial Road”; and, be it

    Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the road as the “Deputy Roger Lee Treadway Memorial Road”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to Deputy Treadway’s surviving relatives.

    Which, under the rules, lies over one day.

    The Senate proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 45, Requesting DOH name Smoke House Fork Crawley Creek Road in Logan County "Army Colonel Anna M. Butcher Road".

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

    Senate Concurrent Resolution No. 46, Requesting DOH renovate Toney's Fork Road for use as state road into Beckley.

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

    Senate Concurrent Resolution No. 47, Requesting DOH rename Mill Road/Garden Ground Mountain Road "Jack Furst Drive".

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

    Senate Concurrent Resolution No. 48, Requesting DOH name portion of Rt. 10 in Man, "U. S. Army SP4 Terry Robert Albright Memorial Road".

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

    The Senate proceeded to the eighth order of business.

    Eng. Com. Sub. for Com. Sub. for Senate Bill No. 30, Exempting autocycles from license examination and safety equipment requirements.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Facemire--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 30) passed with its title.

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

    Eng. Com. Sub. for Com. Sub. for Senate Bill No. 95, Creating felony offense for DUI causing serious bodily injury.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Facemire--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 95) 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. 140, Authorizing Department of Commerce 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, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Facemire--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 140) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Facemire--1.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 140) 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. 181, Authorizing Department of Administration 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, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Facemire--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 181) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Facemire--1.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 181) 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. 253, Clarifying code for Community-Based Pilot Demonstration Project to Improve Outcomes for At-Risk Youth.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Facemire--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 253) passed with its title.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 317, Relating to municipal firearm laws.

    On third reading, coming up in regular order, with the right having been granted on Friday, February 21, 2014, for amendments to be received on third reading, was reported by the Clerk.

    At the request of Senator Unger, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's first reading calendar.

    Eng. Senate Bill No. 366, Transferring CHIP from Department of Administration to DHHR.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Facemire--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 366) passed with its title.

    Senator Unger moved that the bill take effect July 1, 2014.

    On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Facemire--1.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 366) takes effect July 1, 2014.

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

    Eng. Senate Bill No. 375, Excluding certain personal property from TIF assessment.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Facemire--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 375) passed with its title.

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

    Eng. Com. Sub. for Com. Sub. for Senate Bill No. 425, Relating to licensure, supervision and regulation of physician assistants.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Facemire--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 425) 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. 430, Relating to receipting of state moneys.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Facemire--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 430) passed with its title.

    Senator Unger moved that the bill take effect July 1, 2014.

    On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Facemire--1.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 430) takes effect July 1, 2014.

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

    Eng. Com. Sub. for Com. Sub. for Senate Bill No. 431, Relating to issuance and renewal of certain driver's licenses and federal ID cards.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Facemire--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 431) passed with its title.

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

    Eng. Senate Bill No. 468, Providing for Veterans Medal and Service Cross.

    On third 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.

    Eng. Com. Sub. for Senate Bill No. 469, Creating Veterans and Warriors to Agriculture Program.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Facemire--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 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. Senate Bill No. 476, Providing standards for conversion and retrofits of alternative-fuel motor vehicles.

    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, Fitzsimmons, Green, D. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--29.

    The nays were: Barnes, Carmichael, M. Hall and Sypolt--4.

    Absent: Facemire--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 476) passed with its title.

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

    Eng. Senate Bill No. 493, Excluding suspension days in determining student truancy.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Facemire--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 493) passed.

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

    Eng. Senate Bill No. 493--A Bill to amend and reenact §18-8-2 and §18-8-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-1-4 of said code, all relating to excluding certain days a student is suspended from school from being counted as days absent for the purpose of prosecuting a person for failing to cause a child under eighteen years of age to attend school, for the purpose of prosecuting a person eighteen years of age or older and enrolled in school for failing to attend school and for the purpose of adjudicating a juvenile habitually absent from school.

    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. 535, Clarifying definition of "ginseng".

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

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Facemire--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 535) passed with its title.

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

    Eng. Senate Bill No. 547, Clarifying municipalities can increase and decrease voting wards and/or council 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, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Facemire--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 547) 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. 552, Increasing penalty related to transporting illegal controlled substances into state.

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

    Pending discussion,

    At the request of Senator Palumbo, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's first reading calendar, following consideration of Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 317, already placed in that position.

    Eng. Com. Sub. for Senate Bill No. 553, Relating to deadlines for independent candidates to file for municipal elections.

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

    Pending discussion,

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

    Eng. Senate Bill No. 572, Relating to financing statements covering as-extracted collateral or timber to be cut.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Facemire--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 572) 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. 584, Relating to expiration and renewal of Board of Registration for Professional Engineers' certificates.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Facemire--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 584) passed with its title.

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

    Eng. Senate Bill No. 593, Authorizing issuance of limited lines travel insurance producer license.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Facemire--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 593) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Facemire--1.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 593) 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. 623, Requiring notification of certain substance abuse screening of mine personnel.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Facemire--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 623) passed with its title.

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

    Eng. House Bill No. 4359, Relating to licensure of managing general agents of insurers.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Facemire--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4359) passed with its title.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

    Eng. House Bill No. 4372, Permitting the Commissioner of Financial Institutions to require the filing of certain reports, data or information directly with the Division of Financial Institutions.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Facemire--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4372) passed with its title.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

    The Senate proceeded to the ninth order of business.

    Com. Sub. for Senate Joint Resolution No. 12, Proposing constitutional amendment designated Claiming WV Water Resources for Use and Benefit of its Citizens Amendment.

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

    Senate Bill No. 202, Creating Benefit Corporation Act.

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

    Com. Sub. for Senate Bill No. 254, Regulating equine boarding facilities.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 378, Relating to special speed limitations as to waste service vehicles.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 379, Reclassifying counties.

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

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

    Com. Sub. for Com. Sub. for Senate Bill No. 391, Providing salary increase for teachers and school service personnel.

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

    Senate Bill No. 407, Providing renewal of lapsed managing general insurance agent licenses.

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

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

    Com. Sub. for Senate Bill No. 409, Relating to education reform.

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

    Com. Sub. for Senate Bill No. 419, Creating Overdose Prevention Act.

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

    Com. Sub. for Senate Bill No. 432, Relating to calculating local share.

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

    Senate Bill No. 437, Requiring mortgage brokers file certain reports with Division of Financial Institutions.

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

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

    Com. Sub. for Senate Bill No. 439, Permitting Ohio County Commission levy special district excise tax for Fort Henry.

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

    Com. Sub. for Senate Bill No. 455, Creating Move to Improve Act.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 499, Making Prudent Investor Act primary standard of care for Investment Management Board.

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

    Com. Sub. for Senate Bill No. 504, Authorizing Auditor establish Debt Resolution Services Division.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 523, Providing for additional state veterans skilled nursing facility in Beckley.

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

    Senate Bill No. 533, Updating commercial feed laws; setting fees by rule.

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

    Senate Bill No. 541, Ensuring tenants with right to sublet have remedies for wrongful occupation of residential rental property.

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

    Com. Sub. for Senate Bill No. 544, Allowing sharing of juvenile records under certain circumstances with reciprocal states.

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

    Com. Sub. for Senate Bill No. 570, Exempting certain foreign corporations, companies and partnerships from SOS certificate of authority requirement.

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

    Com. Sub. for Senate Bill No. 574, Clarifying mobile home permanently attached to real estate is not personal property under certain conditions.

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

    Com. Sub. for Senate Bill No. 579, Creating Land Trust Authorization Act.

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

    On motion of Senator Palumbo, 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 18E. WEST VIRGINIA LAND REUSE AGENCY AUTHORIZATION ACT.

§31-18E-1. Short title.

    This article may be known and cited as the West Virginia Land Reuse Agency Authorization Act.

§31-18E-2. Legislative findings.

    The Legislature finds and declares that:

    (1) Strong communities are important to the social and economic vitality of this state. Whether urban, suburban or rural, many communities are struggling to cope with vacant, abandoned and tax-delinquent properties.

    (2) Citizens of this state are affected adversely by vacant, abandoned and tax-delinquent properties, including properties which have been vacated or abandoned due to mortgage foreclosure.

    (3) Vacant, abandoned and tax-delinquent properties impose significant costs on neighborhoods, communities, municipalities and counties by lowering property values, increasing fire and police protection costs, decreasing tax revenues and undermining community cohesion.

    (4) Vacant, abandoned and tax-delinquent properties contribute to blight, invite crime and pests and provide unsafe play spaces.

    (5) There is an overriding public need to confront the problems caused by vacant, abandoned and tax-delinquent properties through the creation of new tools to enable municipalities and counties to turn vacant, abandoned and tax-delinquent spaces into vibrant places.

    (6) Land reuse agencies, often called land banks in other jurisdictions, are one of the tools that municipalities and counties may use to facilitate the return of vacant, abandoned and tax-delinquent properties to productive use.

§31-18E-3. Definitions.

    As used in this article:

    (1) “Board” means the board of directors of a land reuse agency;

    (2) “Deconstruct” means to attempt to remove salvageable pieces of a housing unit prior to or as part of demolition or renovation;

    (3) “Financial institution” means a bank, savings association, operating subsidiary of a bank or savings association, credit union, association licensed to originate mortgage loans or an assignee of a mortgage or note originated by such an institution;

    (4) “Land reuse agency” means a public body established under this article;

    (5) “Land reuse jurisdiction” means: (A) A county or municipality in this state; or (B) two or more municipalities or counties that enter into an intergovernmental cooperation agreement to establish and maintain a land reuse agency;

    (6) “Municipality” means a municipality as defined in section two, article one, chapter eight of this code; and

    (7) “Real property” means all lands, including improvements and fixtures on them and property of any nature appurtenant to them or used in connection with them and every estate, interest and right, legal or equitable, in them, including terms of years and liens by way of judgment, mortgage or otherwise, and indebtedness secured by the liens.

§31-18E-4. Creation and existence.

    (a) Authority. -- A land reuse jurisdiction may elect to create a land reuse agency by the adoption of an ordinance to create a binding legal obligation. The ordinance must specify the type of entity created and the following:

    (1) The name of the land reuse agency;

    (2) The number of members of the board;

    (3) The names of individuals to serve as initial members of the board;

    (4) The qualifications, manner of selection or appointment and terms of office of members of the board;

    (5) The manner by which residents will be provided an opportunity to have input into the land reuse agency decision-making process; and

    (6) Additional terms and conditions the land reuse jurisdiction deems reasonable and necessary for operation of the land reuse agency that are not inconsistent with this article.

    (b) Filing. -- The governing body of the land reuse jurisdiction which creates a land reuse agency shall file a copy of the ordinance with the West Virginia Housing Development Fund and with the Secretary of State. After receipt of the ordinance, the Secretary of State shall issue the appropriate documentation indicating the formation of the entity.

    (c) Combinations. -- (1) The authority under subsection (a) of this section may be exercised in combination pursuant to an intergovernmental cooperation agreement by:

    (A) More than one land reuse jurisdiction; or

    (B) A land reuse jurisdiction and one or more municipalities or counties.

    (2) If a land reuse agency is established under subdivision (1) of this subsection, the intergovernmental cooperation agreement must specify matters identified in subsection (a) of this section.

    (d) Limitation. -- Except as set forth in subsection (c) of this section, if a county establishes a land reuse agency, the land reuse agency may acquire real property only in those portions of the county located outside of the geographical boundaries of any other land reuse agency established by another land reuse jurisdiction located partially or entirely within the county.

    (e) Legal status of land reuse agency. -- A land reuse agency:

    (1) Is a public body corporate and politic, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this article; and

    (2) Exists until terminated and dissolved under section fourteen of this article.

    (f) Collaboration. -- A land reuse agency, a political subdivision and another municipal entity may enter into an intergovernmental cooperation agreement relative to the operations of a land reuse agency.

§31-18E-5. Board of directors of a land reuse agency.

    (a) Membership. -- A board shall consist of an odd number of members and be not less than five members nor more than eleven members. Unless restricted by the actions or agreements specified in section four of this article and subject to the limits stated in this section, the size of the board may be adjusted in accordance with bylaws of the land reuse agency.

    (b) Eligibility to serve on board. --

    (1) Notwithstanding any law to the contrary, a public officer is eligible to serve as a board member, and the acceptance of the appointment neither terminates nor impairs that public office;

    (2) A municipal employee is eligible to serve as a board member;

    (3) An established land reuse agency board shall include at least one voting member who:

    (A) Is a resident of the land reuse jurisdiction;

    (B) Is not a public official or municipal employee; and

    (C) Maintains membership with a recognized civic organization within the land reuse jurisdiction;

    (4) A member removed under subdivision (3), subsection (d) of this section is ineligible for reappointment to the board unless the reappointment is confirmed unanimously by the board;

    (5) As used in this subsection, the term “public officer” means an individual who is elected to office.

    (c) Officers. -- The members of the board shall select annually from among their members a chair, vice chair, secretary, treasurer and other officers as the board determines.

    (d) Rules. -- The board shall establish rules on all of the following:

    (1) Duties of officers;

    (2) Attendance and participation of members in its regular and special meetings;

    (3) A procedure to remove a member by a majority vote of the other members for failure to comply with a rule; and

    (4) Other matters necessary to govern the conduct of a land reuse agency.

    (e) Vacancies. -- A vacancy on the board shall be filled in the same manner as the original appointment. Upon removal under subdivision (3), subsection (d) of this section, the position becomes vacant.

    (f) Compensation. -- Board members serve without compensation. The board may reimburse a member for expenses actually incurred in the performance of duties on behalf of the land reuse agency.

    (g) Meetings. -- (1) The board shall meet as follows:

    (A) In regular session according to a schedule adopted by the board;

    (B) In special session:

    (i) As convened by the chair; or

    (ii) Upon written notice signed by a majority of the members;

    (2) A majority of the board, excluding vacancies, is a quorum. Physical presence is required under this paragraph.

    (h) Voting. -- (1) Except as set forth in subdivision (2) or (3) of this subsection or elsewhere in this article, action of the board must be approved by the affirmative vote of a majority of the board present and voting.

    (2) Action of the board on the following matters must be approved by a majority of the entire board membership:

    (A) Adoption of bylaws;

    (B) Adoption of rules under subsection (d) of this section;

    (C) Hiring or firing of an employee or contractor of the land reuse agency. This function may, by majority vote of the entire board membership, be delegated by the board to a specified officer or committee of the land reuse agency;

    (D) Incurring of debt;

    (E) Adoption or amendment of the annual budget; or

    (F) Sale, lease, encumbrance or alienation of real property or personal property with a value of more than $50,000.

    (3) A resolution under section fourteen of this article, relating to dissolution of a land reuse agency, must be approved by two thirds of the entire board membership.

    (4) A member of the board may not vote by proxy.

    (5) A member may request a recorded vote on any resolution or action of the land reuse agency.

    (i) Immunity. -- A land reuse jurisdiction which establishes a land reuse agency and a municipality or county which are parties to an intergovernmental cooperation agreement establishing a land reuse agency shall not be liable personally on the bonds or other obligations of the land reuse agency. Rights of creditors of a land reuse agency are solely against the land reuse agency.

§31-18E-6. Staff of the land reuse agency.

    (a) Employees. -- A land reuse agency may employ or enter into a contract for an executive director, counsel and legal staff, technical experts and other individuals and may determine the qualifications and fix the compensation and benefits of those employees.

    (b) Contracts. -- A land reuse agency may enter into a contract with a municipality or county for:

    (1) The municipality or county to provide staffing services to the land reuse agency; or

    (2) The land reuse agency to provide staffing services to the municipality or county.

§31-18E-7. Powers of the land reuse agency.

    A land reuse agency is a public body, corporate and politic, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this article, including but not limited to the following:

    (1) To adopt, amend and repeal bylaws for the regulation of its affairs and the conduct of its business;

    (2) To sue and be sued in its own name and be a party in a civil action. This paragraph includes an action to clear title to property of the land reuse agency;

    (3) To adopt a seal and to alter the same at pleasure;

    (4) To borrow from federal government funds, from the state, from private lenders or from municipalities or counties, as necessary, for the operation and work of the land reuse agency;

    (5) To issue negotiable revenue bonds and notes according to the provisions of this article;

    (6) To procure insurance or guarantees from the federal government or the state of the payment of debt incurred by the land reuse agency and to pay premiums in connection with the insurance or guarantee;

    (7) To enter into contracts and other instruments necessary, incidental or convenient to the performance of its duties and the exercise of its powers. This paragraph includes intergovernmental cooperation agreements for the joint exercise of powers under this article;

    (8) To enter into contracts and intergovernmental cooperation agreements with municipalities or counties for the performance of functions by municipalities or counties on behalf of the land reuse agency or by the land reuse agency on behalf of municipalities or counties;

    (9) To make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the land reuse agency. Any contract or instrument signed shall be executed by and for the land reuse agency if the contract or instrument is signed, including an authorized facsimile signature, by:

    (A) The chair or vice chair of the land reuse agency; and

    (B) Either:

    (i) The secretary or assistant secretary of the land reuse agency; or

    (ii) The treasurer or assistant treasurer of the land reuse agency;

    (10) To procure insurance against losses in connection with the real property, assets or activities of the land reuse agency;

    (11) To invest money of the land reuse agency at the discretion of the board in instruments, obligations, securities or property determined proper by the board and to name and use depositories for its money;

    (12) To enter into contracts for the management of, the collection of rent from or the sale of real property of the land reuse agency;

    (13) To design, develop, construct, demolish, reconstruct, deconstruct, rehabilitate, renovate, relocate and otherwise improve real property or rights or interests in real property;

    (14) To fix, charge and collect rents, fees and charges for the use of real property of the land reuse agency and for services provided by the land reuse agency;

    (15) To grant or acquire licenses, easements, leases or options with respect to real property of the land reuse agency;

    (16) To enter into partnerships, joint ventures and other collaborative relationships with municipalities, counties and other public and private entities for the ownership, management, development and disposition of real property;

    (17) To organize and reorganize the executive, administrative, clerical and other departments of the land reuse agency and to fix the duties, powers and compensation of employees, agents and consultants of the land reuse agency; and

    (18) To do all other things necessary or convenient to achieve the objectives and purposes of the land reuse agency or other law related to the purposes and responsibility of the land reuse agency.

§31-18E-8. Eminent domain.

    A land reuse agency does not possess the power of eminent domain. Any property obtained by the power of eminent domain after the effective date of this article may not be acquired by a land reuse agency by any means.

§31-18E-9. Acquisition of property.

    (a) Title to be held in its name. -- A land reuse agency shall hold in its own name all real property it acquires.

    (b) Tax exemption. -- (1) Except as set forth in subdivision (2) of this subsection, the real property of a land reuse agency and its income and operations are exempt from property tax.

    (2) Subdivision (1) of this subsection does not apply to real property of a land reuse agency after the fifth consecutive year in which the real property is continuously leased to a private third party. However, real property continues to be exempt from property taxes if it is leased to a nonprofit or governmental agency at substantially less than fair market value.

    (c) Methods of acquisition. -- A land reuse agency may acquire real property or interests in real property by any means on terms and conditions and in a manner the land reuse agency considers proper.

    (d) Acquisitions from municipalities or counties. -- (1) A land reuse agency may acquire real property by purchase contracts, lease purchase agreements, installment sales contracts and land contracts and may accept transfers from municipalities or counties upon terms and conditions as agreed to by the land reuse agency and the municipality or county.

    (2) A municipality or county may transfer to a land reuse agency real property and interests in real property of the municipality or county on terms and conditions and according to procedures determined by the municipality or county as long as the real property is located within the jurisdiction of the land reuse agency.

    (3) An urban renewal authority, as defined in section four, article eighteen, chapter sixteen of this code, located within a land reuse jurisdiction established under this article may, with the consent of the local governing body and without a redevelopment contract, convey property to the land reuse agency. A conveyance under this subdivision shall be with fee simple title, free of all liens and encumbrances.

    (e) Maintenance. -- A land reuse agency shall maintain all of its real property in accordance with the statutes and ordinances of the jurisdiction in which the real property is located.

    (f) Prohibition. -- (1) Subject to the provisions of subdivision (2) of this subsection, a land reuse agency may not own or hold real property located outside the jurisdictional boundaries of the entities which created the land reuse agency under subsection (c) of section four of this article.

    (2) A land reuse agency may be granted authority pursuant to an intergovernmental cooperation agreement with a municipality or county to manage and maintain real property located within the jurisdiction of the municipality or county.

    (g) Acquisition of tax delinquent properties. -- Notwithstanding any other provision of this code to the contrary, if authorized by the land reuse jurisdiction which created a land reuse agency or otherwise by intergovernmental cooperation agreement, a land reuse agency may acquire an interest in tax delinquent property through the provisions of chapter eleven-a of this code. Notwithstanding the provisions of section eight, article three, chapter eleven-a of this code, if no person present at the tax sale bids the amount of the taxes, interest and charges due on any unredeemed tract or lot or undivided interest in real estate offered for sale, the sheriff shall, prior to certifying the real estate to the auditor for disposition pursuant to section forty-four, article three, chapter eleven-a of this code, provide a list of all of said real estate within a land reuse jurisdiction to the land reuse agency and the land reuse agency shall be given an opportunity to purchase the tax lien and pay the taxes, interest and charges due for any unredeemed tract or lot or undivided interest therein as if the land reuse agency were an individual who purchased the tax lien at the tax sale.

§31-18E-10. Disposition of property.

    (a) Public access to inventory. -- A land reuse agency shall maintain and make available for public review and inspection an inventory of real property held by the land reuse agency.

    (b) Power. -- A land reuse agency may convey, exchange, sell, transfer, lease, grant or mortgage interests in real property of the land reuse agency in the form and by the method determined to be in the best interests of the land reuse agency.

    (c) Consideration. -- (1) A land reuse agency shall determine the amount and form of consideration necessary to convey, exchange, sell, transfer, lease as lessor, grant or mortgage interests in real property.

    (2) Consideration may take the form of monetary payments and secured financial obligations, covenants and conditions related to the present and future use of the property, contractual commitments of the transferee and other forms of consideration as determined by the board to be in the best interest of the land reuse agency.

    (d) Policies and procedures. -- (1) A board shall determine and state in the land reuse agency policies and procedures the general terms and conditions for consideration to be received by the land reuse agency for the transfer of real property and interests in real property, including but not limited to, a process for distribution of any proceeds to any claimants, taxing entities and the land reuse agency.

    (2) Requirements which may be applicable to the disposition of real property and interests in real property by municipalities or counties shall not be applicable to the disposition of real property and interests in real property by a land reuse agency.

    (e) Ranking of priorities. -- (1) A land reuse jurisdiction may establish a hierarchical ranking of priorities for the use of real property conveyed by a land reuse agency, including use for:

    (A) Purely public spaces and places;

    (B) Affordable housing;

    (C) Conservation areas; and

    (D) Retail, commercial and industrial activities.

    (2) The priorities established may be for the entire land reuse jurisdiction or may be set according to the needs of different neighborhoods, municipalities or other locations within the land reuse jurisdiction, or according to the nature of the real property.

    (f) Land use plans. -- A land reuse agency shall consider all duly adopted land use plans and make reasonable efforts to coordinate the disposition of land reuse agency real property with the land use plans.

    (g) Specific voting and approval requirements. -- (1) A land reuse jurisdiction may, in its ordinance creating a land reuse agency or in the case of multiple land reuse jurisdictions and municipalities or counties creating a single land reuse agency in the applicable intergovernmental cooperation agreement, require that a particular form of disposition of real property or a disposition of real property located within specified jurisdictions be subject to specified voting and approval requirements of the board.

    (2) Except as restricted or constrained under paragraph (1) of this subsection, the board may delegate to officers and employees the authority to enter into and execute agreements, instruments of conveyance and other related documents pertaining to the conveyance of real property by the land reuse agency.

§31-18E-11. Financing of land reuse agency operations.

    (a) General rule. -- A land reuse agency may receive funding through grants and loans from:

    (1) The federal government;

    (2) The state;

    (3) A municipality or county;

    (4) The land reuse jurisdiction which created the land reuse agency; and

    (5) Private or other public sources.

    (b) Funding. -- A land reuse agency may receive and retain payments for services rendered, for rents and leasehold payments received, for consideration for disposition of real and personal property, for proceeds of insurance coverage for losses incurred, for income from investments and for an asset and activity lawfully permitted to a land reuse agency under this article.

    (c) Allocated real property taxes. -- (1) A taxing jurisdiction may authorize the remittance or dedication of a portion of real property taxes collected pursuant to the laws of this state to a land reuse agency on real property conveyed by a land reuse agency.

    (2) Allocation of property tax revenues in accordance with this subsection, if authorized by the taxing jurisdiction, begins with the first taxable year following the date of conveyance and continues for a period of up to five years and may not exceed a maximum of fifty percent of the aggregate property tax revenues generated by the property.

    (3) Remittance or dedication of real property taxes include the real property taxes of a county board of education only if the county board of education enters into an agreement with the land reuse agency for the remittance or dedication.

§31-18E-12. Borrowing and issuance of bonds.

    (a) Authority. -- (1) A land reuse agency may issue a bond for any of its corporate purposes.

    (2) The principal and interest of a bond is payable from the land reuse agency's general revenue.

    (3) The bond may be secured by any of the following:

    (A) A pledge of revenue. This paragraph includes a grant or contribution from: (i) The federal government or a federal agency or instrumentality; or (ii) the state, a state agency or an instrumentality of the state; or

    (B) A mortgage of property of the land reuse agency.

    (b) Nature. -- The bond is a negotiable instrument under the provisions of article eight, chapter forty-six of this code.

    (c) Tax exempt. -- A bond and the income from the bond is exempt from taxation by: (1) The state; and (2) a political subdivision.

    (d) Procedure. -- (1) A bond must be authorized by resolution of the board and shall be a limited obligation of the land reuse agency.

    (2) The principal and interest, costs of issuance and other costs incidental to the bond are payable solely from the income and revenue derived from the sale, lease or other disposition of the assets of the land reuse agency. The land reuse agency may secure the bond by a mortgage or other security device covering all or part of the project from which the pledged revenues may be derived.

    (3) A refunding bond issued under this section:

    (A) Is payable from: (i) A source described in this article; or (ii) the investment of the proceeds of the refunding bonds; and

    (B) Is not an indebtedness or pledge of the general credit of a political subdivision within the meaning of a constitutional or statutory limitation of indebtedness and shall contain a recital to that effect.

    (4) A bond must comply with the authorizing resolution as to:

    (A) Form;

    (B) Denomination;

    (C) Interest rate;

    (D) Maturity; and

    (E) Execution.

    (5) A bond may be subject to redemption at the option of and in the manner determined by the board in the authorizing resolution.

    (e) Powers of municipalities or counties. -- A municipality or county may elect to guarantee, insure or otherwise become primarily or secondarily obligated on the indebtedness of a land reuse agency, subject, however, to all other provisions of law of this state applicable to municipal or county indebtedness.

    (f) Sale. -- (1) A bond shall be issued, sold and delivered in accordance with the terms and provisions of the authorizing resolution. The board, to effectuate its best interest, may determine the manner of sale, public or private, and the price of the bond.

    (2) The resolution issuing a bond must be published in a newspaper of general circulation within the jurisdiction in which the land reuse agency is located.

    (g) Liability. -- (1) Neither the members of a land reuse agency nor a person executing the bond shall be liable personally on the bonds by reason of the issuance of the bond.

    (2) The bond or other obligation of a land reuse agency related to a bond shall not be a debt of a municipality, county or of the state. A statement to this effect shall appear on the face of the bond or obligation.

    (3) On the bond or other obligation of a land reuse agency related to a bond, all of the following apply:

    (A) The state has no liability. This paragraph applies to the revenue and property of the state; and

    (B) A municipality or county has no liability. This paragraph applies to the revenue and property of a municipality or county.

§31-18E-13. Public records and public access.

    (a) Public records. -- A board shall keep minutes and a record of its proceedings.

    (b) Public access. -- A land reuse agency is subject to article nine-a, chapter six of this code, relating to open meetings, and chapter twenty-nine-b of this code, relating to public records.

§31-18E-14. Dissolution of land reuse agency.

    (a) General rule. -- A land reuse agency may be dissolved as a public body corporate and politic upon compliance with all of the following:

    (1) Sixty calendar days advance written notice of consideration of a resolution to request dissolution must be:

    (A) Given to the land reuse jurisdiction which created the land reuse agency;

    (B) Published in a local newspaper of general circulation; and

    (C) Sent by certified mail to the trustees of outstanding bonds of the land reuse agency;

    (2) Satisfaction of all outstanding liabilities; and

    (3) Approval of a resolution requesting dissolution, pursuant to subdivision (3), subsection (h), section five of this article.

    (b) Authority. -- Upon receipt of a proper resolution described in subsection (a) of this section, the land reuse jurisdiction which created the land reuse agency may dissolve the land reuse agency by adoption of an ordinance or order. If approved, the governing body of the land reuse jurisdiction which created the land reuse agency shall file a certified copy of the ordinance or order with the Secretary of State and notify the West Virginia Housing Development Fund of the dissolution of the land reuse agency. The Secretary of State shall cause the termination of the existence of the land reuse agency to be noted on the record of incorporation. Upon the filing, the land reuse agency shall cease to function.

    (c) Transfer of assets. -- Upon dissolution of the land reuse agency, real property, personal property and other assets of the land reuse agency become the assets of the municipality in which the property is located or the county in which the property is located, if it is not within a municipality. The following apply:

    (1) Personal property, including financial assets, of the land reuse agency shall be divided among participating land reuse jurisdictions in proportion to the population of each jurisdiction.

    (2) The municipality in which real property is located or the county in which the property is located, if it is not within a municipality, shall approve the transfer of title to the municipality or county.

    (d) Multiple jurisdictions. -- If multiple land reuse jurisdictions create a land reuse agency under section four of this article, the withdrawal of one or more land reuse jurisdictions does not require dissolution of the land reuse agency unless:

    (1) The intergovernmental cooperation agreement provides for dissolution in this event; and

    (2) There is no land reuse jurisdiction which desires to continue the existence of the land reuse agency.

§31-18E-15. Conflicts of interest.

    (a) Ethics Act. -- The acts and decisions of members of a board and of employees of a land reuse agency are subject to chapter six-b of this code.

    (b) Supplemental rules and guidelines. -- The board may adopt:

    (1) Supplemental rules addressing potential conflicts of interest; and

    (2) Ethical guidelines for members of the board and land reuse agency employees.

§31-18E-16. Expedited quiet title proceedings.

    (a) Authorization. -- (1) A land reuse agency may file an action in circuit court to quiet title to real property in which the land reuse agency has an interest.

    (2) A land reuse agency may join in a single complaint to quiet title to one or more parcels of real property.

    (3) For purposes of an action under this section, the land reuse agency shall be deemed to be the holder of sufficient legal and equitable interests and possessory rights so as to qualify the land reuse agency as an adequate complainant in the action.

    (b) Procedural requirements. -- (1) Prior to the filing of an action to quiet title, the land reuse agency must conduct an examination of title to determine the identity of any person possessing a claim or interest in or to the real property.

    (2) Service of the complaint to quiet title shall be provided in accordance with the requirements to serve a civil complaint generally, including that service to interested parties be made as follows:

    (A) By first class mail to the identity and address reasonably ascertainable by an inspection of public records;

    (B) In the case of occupied real property, by first class mail, addressed to “occupant”;

    (C) By posting a copy of the notice on the real property.

    (D) By publication; and

    (E) As ordered by the court.

    (3) As part of the complaint to quiet title, the land reuse agency must file an affidavit identifying:

    (A) Persons discovered under subdivision (1) of this subsection; and

    (B) The form of service under subdivision (2) of this subsection.

    (c) Hearing. -- (1) The court shall schedule a hearing on the complaint within ninety days following filing of the complaint and as to all matters upon which an answer was not filed by an interested party.

    (2) The court shall issue its final judgment within one hundred twenty days of the filing of the complaint.

§31-18E-17. Construction, intent and scope.

    This article shall be construed liberally to effectuate the legislative intent and the purposes as complete and independent authorization for the implementation of this article, and all powers granted shall be broadly interpreted to effectuate the intent and purposes and not as a limitation of powers.

§31-18E-18. Annual audit and report.

    (a) The land reuse agency shall annually, within one hundred twenty days after the end of the fiscal year, submit an audit of income and expenditures, together with a report of its activities for the preceding year, to the West Virginia Housing Development Fund.

    (b) A duplicate of the audit and the report shall be filed with the governing body of:

    (1) The land reuse jurisdiction which created the land reuse agency; and

    (2) Each political subdivision which opted to participate in the land reuse agency pursuant to an intergovernmental agreement.

    The bill (Com. Sub. for S. B. No. 579), as amended, was then ordered to engrossment and third reading.

    Senate Bill No. 596, Modifying statute of limitations on demand note collections.

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

    Com. Sub. for Senate Bill No. 602, Requiring health care providers wear ID badges.

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

    Senate Bill No. 616, Allowing receipt of gifts, donations and contributions by Division of Energy.

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

    Com. Sub. for Senate Bill No. 628, Creating Healthy Children and Healthy Communities Act.

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

    Senate Bill No. 631, Extending time for Fayetteville City Council to meet as levying body.

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

    The Senate proceeded to the tenth order of business.

    Eng. Com. Sub. for House Bill No. 4350, Providing for the awarding of a West Virginia Veterans Medal and ribbon, and a West Virginia Service Cross and ribbon to certain qualifying West Virginia Veterans.

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

    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 resumed business under the tenth order.

    The end of today’s first reading calendar having been reached, the Senate returned to the consideration of

    Eng. Com. Sub. for Com. Sub. for Senate Bill No. 317, Relating to municipal firearm laws.

    On third reading, coming up in deferred order, with the right having been granted on Friday, February 21, 2014, for amendments to be received on third reading, was again 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, and with the right for amendments to be considered on third reading remaining in effect.

    Action as to Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 317 having been concluded, the Senate proceeded to the consideration of

    Eng. Com. Sub. for Senate Bill No. 552, Increasing penalty related to transporting illegal controlled substances into state.

    Having been read a third time in earlier proceedings today, and now coming up in deferred order, was again 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.

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

    On motion of Senator Unger, the Senate recessed for five minutes.

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

    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 Joint Resolution No. 10 (originating in the Committee on the Judiciary), Proposing constitutional amendment designated Right of People to Hunt, Fish, Harvest Game in WV Amendment.

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

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

    With the recommendation that the committee substitute for committee substitute be adopted.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    At the request of Senator Unger, unanimous consent being granted, the resolution (Com. Sub. for Com. Sub. for S. J. R. No. 10) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.

    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. 204 (originating in the Committee on the Judiciary), Relating to crime victims compensation awards.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 204 (originating in the Committee on Finance)--A Bill to amend and reenact §14-2A-3, §14-2A-9, §14-2A-12, §14-2A-14 and §14-2A-18 of the Code of West Virginia, 1931, as amended, all relating to compensation awards to victims of crimes generally; redefining terms; increasing the amount of victim relocation costs; allowing student loans obtained by a victim to be treated as a lost scholarship in certain instances; modifying required time period in which a claimant should report offense to law enforcement; clarifying that, absent the identity of a perpetrator being unknown, a criminal complaint being filed is a prerequisite to filing a claim; allowing victims of sexual offenses to undergo a forensic examination rather than reporting to law enforcement; permitting the Court of Claims to hire two additional claim investigators; and permitting claim investigators to acquire autopsy reports from the State Medical Examiner.

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 204) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.

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

    Your Committee on the Judiciary has had under consideration

    Com. Sub. for Senate Bill No. 365, Excepting certain Ethics Act provisions for elected conservation district supervisors.

    And reports the same back without recommendation as to passage.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 365) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

    On motion Palumbo, the bill was then rereferred 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. 393 (originating in the Committee on Government Organization), Amending funding levels and date Governor may borrow from Revenue Shortfall Reserve Fund.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 393 (originating in the Committee on Finance)--A Bill to amend and reenact §11B-2-20 of the Code of West Virginia, 1931, as amended, relating to the Revenue Shortfall Reserve Fund; increasing the percentage of surplus revenue paid into the fund for fiscal years 2014 and 2015; and changing the October 31 deadline that the Governor may borrow money from the fund to April 1 for a limited period.

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 393) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.

    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, Permitting School of Osteopathic Medicine invest certain moneys in its foundation.

    Now on second reading, having been read a first time and referred to the Committee on Finance on February 20, 2014;

    And reports the same back with the recommendation that it 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. 467, Updating code section relating to expungement of criminal convictions.

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

    Com. Sub. for Senate Bill No. 467 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §61-11-26 of the Code of West Virginia, 1931, as amended, relating to preventing certain current or former spouses or current or former sexual or intimate partners from being able to have certain convictions expunged.

    And,

    Senate Bill No. 539, Providing certain law-enforcement officers employed as school security be allowed to carry firearms.

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

    Com. Sub. for Senate Bill No. 539 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §61-7-11a of the Code of West Virginia, 1931, as amended, relating to persons possessing deadly weapons on school buses or on the premises of educational facilities; and authorizing active law-enforcement officers and certain retired law-enforcement officers acting as security for schools to carry deadly weapons on a school bus, on school property or at school-sponsored functions when certain conditions are met.

    With the recommendation that the two committee substitutes do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bills (Com. Sub. for S. B. Nos. 467 and 539) contained in the preceding report from the Committee on the Judiciary were each taken up for immediate consideration, read a first time and ordered to second reading.

    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. 473, Providing undesirable highway property be offered for public utility use.

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

    Com. Sub. for Senate Bill No. 473 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §17-2A-19 of the Code of West Virginia, 1931, as amended, relating to the sale of real property by the Division of Highways; and providing that property not necessary or desirable for highway purposes may be offered first to public service districts or municipalities for a public utility use without having to follow the public auction provisions of this section and without first offering such property to the principal abutting landowners.

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

                             Respectfully submitted,

                               Robert D. Beach,

                                 Chair.

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

    At the request of Senator Beach, and by unanimous consent, the bill (Com. Sub. for S. B. No. 473) was taken up for immediate consideration, read a first time and ordered to second reading.

    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. 486 (originating in the Committee on Government Organization), Establishing salaries and providing raises for State Police forensic lab employees.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 486 (originating in the Committee on Finance)--A Bill to amend and reenact §15-2-7 of the Code of West Virginia, 1931, as amended, relating to establishing salaries and providing raises for employees within the West Virginia State Police Forensic Laboratory; and requiring the Director of the State Police Crime Laboratory to submit a report on its ability to retain employees to the Joint Committee on Government and Finance before January 1, 2018.

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 486) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.

    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. 495, Increasing collections into Land Division special revenue account.

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 495) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.

    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. 556 (originating in the Committee on Military), Providing complimentary certified veterans' death certificates under certain circumstances.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 556 (originating in the Committee on Finance)--A Bill to amend and reenact §59-1-10 of the Code of West Virginia, 1931, as amended, relating to death certificates of military veterans; providing for the issuance, without charge in certain instances, of up to two certified copies of a veteran’s death certificate by the clerk of the county commission if requested within thirty days of the death of the veteran; providing no fee may be charged if the death certificate is needed to obtain state or federal benefits; specifying effective date; and defining “veteran”.

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 556) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.

    The Senate proceeded to the thirteenth order of business.

    At the respective requests of Senators Barnes, Boley, Cole, D. Hall, Jenkins, Nohe, Tucker and Walters the names of Senators Barnes, Boley, Cole, D. Hall, Jenkins, Nohe, Tucker and Walters were removed as sponsors of Committee Substitute for Senate Joint Resolution No. 12 (Proposing constitutional amendment designated Claiming WV Water Resources for Use and Benefit of its Citizens Amendment).

    At the request of Senator Nohe, the name of Senator Nohe was removed as a sponsor of Engrossed Committee Substitute for Senate Bill No. 552 (Increasing penalty related to transporting illegal controlled substances into state).

    At the request of Senator M. Hall, the name of Senator M. Hall was removed as a sponsor of Senate Bill No. 598 (Providing excess Courtesy Patrol funds revert to Tourism Promotion Fund).

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

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

    On motion of Senator Unger, the Senate adjourned until tomorrow, Tuesday, February 25, 2014, at 11 a.m.

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