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Senate Journal


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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2013

FIFTY-FIRST DAY

____________

Charleston, W. Va., Thursday, April 4, 2013

    The Senate met at 11 a.m.

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

    Prayer was offered by the Reverend Richard Mahan, St. Timothy Lutheran Church, Charleston, West Virginia.

    Pending the reading of the Journal of Wednesday, April 3, 2013,

    On motion of Senator Chafin, 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.

    At the request of Senator Laird, and by unanimous consent, the provisions of rule number fifty-four of the Rules of the Senate, relating to persons entitled to the privileges of the floor, were suspended in order to grant the Honorable Franklin D. Cleckley, former Justice of the Supreme Court of Appeals of West Virginia, and The Honorable William Gaston Caperton III, former Governor of West Virginia, privileges of the floor for the day.

    The Senate 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. 2128--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-3-22, relating to railroad employee records; and requiring railroads to provide access to or copies of an employee’s personnel file under certain circumstances and with certain limitations.

    Referred to the Committee on the Judiciary.

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

    Eng. Com. Sub. for House Bill No. 2265--A Bill to amend and reenact §18-9F-9 of the Code of West Virginia, 1931, as amended, relating to requiring that the state board of education include, in the legislative rule on a model school crisis plan that it promulgates, certain protocols for responding to injuries and other medical emergencies on school property after normal school hours be included in school crisis response plans by certain date; and providing the applicability and requirements of those protocols as they apply to sports injuries.

    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. 2352––A Bill to amend and reenact §22-3-11 of the Code of West Virginia, 1931, as amended, relating to clarifying that the West Virginia Department of Environmental Protection does not assume a mine operator's obligations or liabilities under the Water Pollution Control Act for compliance with the mine operator's National Pollutant Discharge Elimination System (“NPDES”) Permit where the West Virginia Department of Environmental Protection performs reclamation at a bond forfeiture site; clarifying that reclamation efforts undertaken by the West Virginia Department of Environmental Protection at bond forfeiture sites are considered construction activities; and providing tax incentives for mine operators who reclaim bond forfeiture sites.

    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. Com. Sub. for House Bill No. 2357--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-5-13g, relating to the development of an educational diversion program for minors engaged in delinquent offenses associated with sexting and related offenses; delineation of sexting and associated offenses; providing for the establishment of a specialized diversion program by the West Virginia Supreme Court of Appeals for sexting by minors and associated offenses; suggested scope and topics to be included in such specialized diversion program; providing for the participation in the diversion program as a part of a pre-petition diversion and informal resolution in advance of a filed petition, as part of a required counseling plan, or as part of an improvement period requirement established in advance of adjudication; consideration of successful completion of specialized diversion program on first offense and subsequent offenses; allowing for court discretion as to whether adjudicated juvenile should be required to register as a sex offender as a result of adjudication as status offender for sexting and related offenses.

    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. Com. Sub. for House Bill No. 2399--A Bill to amend and reenact §7-10-4 of the Code of West Virginia, as amended, relating to protecting livestock in dire or extreme condition; establishing a livestock committee; providing a process to follow when livestock are in dire or extreme condition; establishing a procedure where livestock are found to be in imminent danger; and the circumstances where action is required by humane officers and county commissions.

    Referred to the Committee on Agriculture and Rural Development.

    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. 2431--A Bill to amend and reenact §61-7-4 of the Code of West Virginia, 1931, as amended, relating to the application process for obtaining a state license to carry a concealed deadly weapon; clarifying certain restrictions and prohibitions; clarifying effect of expungement, pardons or reversal of prior offenses on permit application; clarifying training and certification requirements; clarifying background check requirements; and exempting active military and veterans from licensing fees.

    Referred to the Committee on the Judiciary.

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

    Eng. House Bill No. 2469--A Bill to amend and reenact §5-10-48 of the Code of West Virginia, 1931, as amended, relating to increasing the cap on earnings during temporary reemployment after retirement.

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

    A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2013, and requested the concurrence of the Senate in the passage of

    Eng. Com. Sub. for House Bill No. 2470--A Bill to amend and reenact §18-20-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §18A-2-4 of said code; and to amend and reenact §18A-4-8 and §18A-4-8a of said code, all relating to school service personnel classification, compensation, duties, requirements and training; establishing certain service personnel classification titles and setting their wages; specifying employment requirements and duties for certain classifications titles; modifying certain service personnel classification titles; and establishing conditions for employer payment of and continuing education credit accrual for certain certification acquisition.

    Referred to the Committee on Education; 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. Com. Sub. for House Bill No. 2490--A Bill to amend and reenact §18B-4-9 the Code of West Virginia, 1931, as amended, relating to providing services for and addressing needs of student veterans enrolled in state institutions of higher education; designating role and duties of veterans advocates; and specifying certain provisions to be implemented for student veterans.

    Referred to the Committee on Military; and then 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. 2491--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-4-10, relating to establishing a uniform course completion policy for certain higher education students performing certain military service.

    Referred to the Committee on Military; and then 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. 2498--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §52-2-15, relating to grand jury proceedings; providing misdemeanor offense for disclosure of matters occurring before a grand jury under certain circumstances; providing exceptions; and providing criminal penalties.

    Referred to the Committee on the Judiciary.

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

    Eng. Com. Sub. for House Bill No. 2513--A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto two new sections designated §17C-1-67 and §17C-1-68; to amend and reenact §17C-5-4, §17C-5-6, §17C-5-7, §17C-5-8, and §17C-5-9 of said code; and to amend said code by adding there to a new section, designated §17C-5-12, all relating to the enforcement of laws prohibiting the operation of a motor vehicle while under the influence of a drug or controlled substance generally; defining “drug” and “controlled substance”; providing implied consent to test for controlled substances or drugs; changing period of license suspension for failure to submit to certain tests to provide consistency with other provisions of law; authorizing law-enforcement agencies to designate secondary chemical tests to be administered; removing urine as a subject of testing to determine its alcohol content or concentration, or its controlled substance and drug content; removing the exception to a license revocation for the refusal to submit to a blood test; requiring training of law-enforcement officers; including controlled substances and drugs in blood test administration procedures; providing the drugs or classes of drug to be included in a chemical analysis; requiring the Bureau of Public Health and West Virginia State Police Forensic Laboratory to prescribe minimum levels of substance or drugs in order to be admissible; authorizing emergency rules; requiring the Bureau of Public Health to review current methods and standards; requiring a specimen to test for controlled substances or drugs to be taken within four hours of arrest; prohibiting testing results to be used as evidence in a criminal prosecution for the possession of a controlled substance; and requiring the West Virginia State Police Forensic Laboratory to report to the Legislature.

    Referred to the Committee on Transportation and Infrastructure; and then 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. 2542--A Bill to amend and reenact §29A-2-7 of the Code of West Virginia, 1931, as amended, relating to publication of the State Register; providing that the State Register and its supplements will be available only in electronic format with limited exceptions; and providing that the fees collected for the sale of certain records will be deposited in equal amounts into the General Revenue Fund and the service fees and collections account.

    Referred to the Committee on Government Organization; 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. Com. Sub. for House Bill No. 2544--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13DD-1, §11-13DD-2 and §11-13DD-3; to amend and reenact §15-5-21 of said code; and to amend and reenact §55-7D-1 of said code, all relating to improving state emergency preparedness; creating an emergency generator tax credit for gas or propane fueled machines; requiring the Office of Emergency Services to coordinate with local radio and television stations to broadcast public service announcements with information as to the location of emergency shelters; providing tax credits for use of emergency generators; and providing a protection from civil or criminal liability to persons donating food during times of emergencies.

    Referred to the Committee on Government Organization; 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. Com. Sub. for House Bill No. 2548--A Bill to amend and reenact §61-2-15a of the Code of West Virginia, 1931, as amended, relating to increasing the criminal penalties for assaults and batteries against athletic officials.

    Referred to the Committee on the Judiciary.

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

    Eng. Com. Sub. for House Bill No. 2570--A Bill to amend and reenact §6C-2-2 and §6C-2-3 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Public Employees Grievance Procedure; adding definition for discovery; requiring agencies to allow reasonable time for representatives to appear; providing for discovery requests; and clarifying that participation in proceedings is considered work time.

    Referred to the Committee on Government Organization.

    A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2013, and requested the concurrence of the Senate in the passage of

    Eng. Com. Sub. for House Bill No. 2577--A Bill to repeal §30-5-1a, §30-5-1b, §30-5-2a, §30-5-3a, §30-5-5a, §30-5-5b, §30-5-6a, §30-5-7a, §30-5-7b, §30-5-7c, §30-5-9a, §30-5-10a, §30-5-12c, §30-5-14a, §30-5-14b, §30-5-16a, §30-5-16b, §30-5-16c and §30-5-22a of the Code of West Virginia, 1931, as amended; to amend and reenact §30-5-1, §30-5-2, §30-5-3, §30-5-4, §30-5-5, §30-5-6, §30-5-7, §30-5-8, §30-5-9, §30-5-10, §30-5-11, §30-5-12, §30-5-13, §30-5-14, §30-5-15, §30-5-16, §30-5-17, §30-5-18, §30-5-19, §30-5-20, §30-5-21, §30-5-22, §30-5-23, §30-5-24, §30-5-25, §30-5-26, §30-5-27, §30-5-28, §30-5-29 and §30-5-30 of said code; to amend said code by adding thereto four new sections, designated §30-5-31, §30-5-32, §30-5-33 and §30-5-34; and to amend and reenact §60A-10-3 of said code, all relating to pharmacy practice; prohibiting the practice of pharmacist care without a license; permitting a licensed practitioner to dispense in certain settings; providing other applicable sections; providing definitions; providing for board composition; setting forth the powers and duties of the board; clarifying rule-making authority; continuing a special revenue account; establishing license, registration and permit requirements; creating a scope of practice; creating a temporary permit; establishing renewal requirements; providing for exemptions from licensure; providing requirement to participate in collaborative pharmacy practice; providing requirement for dispensing generic drugs; requiring and authorizing registration of pharmacies; establishing for permit for mail-order pharmacies and the manufacturing of drugs; providing requirements of filling prescriptions; providing requirements for the display of a board authorization; permitting the board to file an injunction; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing duty to warn; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; providing criminal penalties; and updating references.

    Referred to the Committee on Health and Human Resources; 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. 2600--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §7-25-1, §7-25-2, §7-25-3, §7-25-4, §7-25-5, §7-25-6, §7-25-7, §7-25-8, §7-25-9, §7-25-10, §7-25-11, §7-25-12, §7-25-13, §7-25-14, §7-25-15, §7-25-16, §7-25-17, §7-25-18, §7-25-19, §7-25-20, §7-25-21, §7-25-22, §7-25-23, §7-25-24, §7-25-25 and §7-25-26; and to amend and reenact §30-29-1 of said code, all relating to the creation of resort area districts; providing short title for article; providing legislative findings for resort area districts; defining terms; authorizing county commissions to create resort area districts; providing for petition process for creation or expansion of resort area districts; providing notice requirements for creation or expansion of resort area districts; providing that resort area districts are public corporations; setting forth powers of resort area districts; authorizing resort area districts to undertake capital projects; authorizing resort area districts to levy assessments upon real property; authorizing resort area districts to borrow money and incur indebtedness; authorizing resort area districts to issue assessment bonds and resort service fee bonds; authorizing resort area districts to impose penalties for unpaid assessments; authorizing resort area districts to levy resort service fee on purchases of certain goods and services; authorizing resort area districts to provide public services; authorizing resort area districts to provide for public safety and appoint resort area rangers; providing for official name of resort area districts; providing for creation of resort area boards; setting forth powers and certain procedures for resort area boards; providing for election of resort area board members; providing election procedures for resort area boards; requiring certain resort area board members to give bond; providing notice requirements for resort area boards election; providing procedures and notice requirements for resort service fee implementation and administration; providing procedures for implementing and providing services within resort area districts; requiring adoption of budget annually; providing resort area district board ability to condition budgeted expenditures, projects and undertakings on the receipt and availability of additional funds provided by resort operator or other sources; providing procedures for implementation of assessments; providing notice requirements for assessments; providing procedures for construction of capital projects; providing procedures for revision of assessments; exempting public property from assessments; providing terms for assessment bonds and resort service fee bonds; exempting assessment bonds and resort service fee bonds from state taxation; providing that indebtedness of resort area district to be paid solely from resort service fee and assessments; providing procedure for payment of assessments to sheriff; authorizing sheriff to collect delinquent assessments; providing for lien against property subject to assessment and notice thereof; providing for appointment of resort area rangers; authorizing resort area rangers to exercise authority of law-enforcement officers; requiring annual audit of resort area districts; requiring notice of change of ownership of properties within district; reasonable notice by district in absence of receiving notice of change in ownership; providing for liberal construction of article; providing that resort area rangers are considered law-enforcement officers; and making resort area rangers subject to same training and requirements as other law-enforcement officers.

    Referred to the Committee on Economic Development; 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. Com. Sub. for House Bill No. 2608--A Bill to amend and reenact §30-38-6, §30-38-7 and §30-38-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §30-38A-1, §30-38A-2, §30-38A-3, §30-38A-4, §30-38A-5, §30-38A-6, §30-38A-7, §30-38A-8, §30-38A-9, §30-38A-10, §30-38A-11, §30-38A-12, §30-38A-13, §30-38A-14, §30-38A-15, §30-38A-16 and §30-38A-17, all relating to regulating appraisal management companies; requiring appraisal management companies to be registered with the West Virginia Real Estate Appraiser Licensing and Certification Board; adding a member representing appraisal management companies to the board; updating the duties, powers and rulemaking authority of the board; prohibiting any person or firm from performing or offering to perform appraisal management services without a registration issued by the board; defining certain terms; setting forth requirements for registration, including written applications, verifications and criminal background checks; providing exemptions from registration requirements; requiring surety bonds; setting forth duties of appraisal management companies; authorizing certain fees; requiring appraisal management companies to designate a controlling person; establishing requirements and authorizing complaints for the removal of an appraiser from an appraiser panel; setting forth duties of appraisal management companies; defining what constitutes unprofessional conduct; setting forth prohibited acts; authorizing disciplinary action; providing for hearing and notice procedures; authorizing civil penalties; and authorizing the board to seek injunctive relief.

    Referred to the Committee on Banking and Insurance; 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. 2689--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Board of Medicine to promulgate a legislative rule relating to practitioner requirements for accessing the West Virginia controlled substances monitoring program data base; authorizing the Board of Medicine to promulgate a legislative rule relating to licensure, disciplinary and complaint procedures; continuing education; and physician assistants; authorizing the Board of Medicine to promulgate a legislative rule relating to continuing education for physicians and podiatrists; authorizing the Board of Optometry to promulgate a legislative rule relating to continuing education; authorizing the Board of Optometry to promulgate a legislative rule relating to expanded therapeutic procedures certificates; authorizing the Board of Optometry to promulgate a legislative rule relating to a schedule of fees; authorizing the Board of Osteopathic Medicine to promulgate a legislative rule relating to licensing procedures for osteopathic physicians; authorizing the Board of Osteopathic Medicine to promulgate a legislative rule relating to practitioner requirements for controlled substances licensure and accessing the West Virginia controlled substances monitoring program database; authorizing the Board of Osteopathic Medicine to promulgate a legislative rule relating to osteopathic physician assistants; authorizing the Board of Pharmacy to promulgate a legislative rule relating to ephedrine and pseudoephedrine control; authorizing the Board of Pharmacy to promulgate a legislative rule relating to controlled substances monitoring; authorizing the Real Estate Appraiser Licensing and Certification Board to promulgate a legislative rule relating to requirements for licensure and certification; authorizing the Real Estate Appraiser Licensing and Certification Board to promulgate a legislative rule relating to renewal of licensure - qualifications for renewal; authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to fees for services rendered by the Board and supplemental renewal fee for the center for nursing; authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to practitioner requirements for accessing the West Virginia controlled substances monitoring program database; authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to the announcement of advanced practice; authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to limited prescriptive authority for nurses in advanced practice; authorizing the Secretary of State to promulgate a legislative rule relating to the Uniform Commercial Code; authorizing the Secretary of State to promulgate a legislative rule relating to administration of the address confidentiality program; authorizing the Secretary of State to promulgate a legislative rule relating to the regulation of political party headquarters financing; authorizing the Secretary of State to promulgate a legislative rule relating to the regulation of late registration; authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to the procedures, criteria and curricula for examination and licensure of barbers, cosmetologists, nail technicians, aestheticians and hair stylists; authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to barber apprenticeships; authorizing the Board of Barbers and Cosmetologists to promulgate a legislative rule relating to the operational standards for schools of barbering and beauty culture; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to animal disease control; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to poultry litter and manure movement into primary poultry breeder rearing areas; authorizing the Board of Architects to promulgate a legislative rule relating to the registration of architects; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the Board; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to practitioner requirements for accessing the West Virginia controlled substances monitoring program database; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to continuing education requirements; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the expanded duties of dental hygienists and dental assistants; authorizing the Hatfield-McCoy Regional Recreation Authority to promulgate a legislative rule relating to rules for use of the facility; authorizing the Treasurer’s Office to promulgate a legislative rule relating to the enforcement of the Uniform Unclaimed Property Act; authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to the organization and operation and licensing of veterinarians; authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to a schedule of fees; authorizing the Board of Social Work to promulgate a legislative rule relating to a fee schedule; authorizing the Board of Social Work to promulgate a legislative rule relating to qualifications for the profession social work; authorizing the Board of Social Work to promulgate a legislative rule relating to applications; authorizing the Board of Social Work to promulgate a legislative rule relating to continuing education for social workers and providers; authorizing the Board of Social Work to promulgate a legislative rule relating to a code of ethics; authorizing the Board of Examiners for Speech-Language Pathology and Audiology to promulgate a legislative rule relating to the licensure of speech-pathology and audiology; and authorizing the Conservation Committee to promulgate a legislative rule relating to the operation of the West Virginia State Conservation Committee and conservation districts.

    Referred to the Committee on the Judiciary.

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

    Eng. Com. Sub. for House Bill No. 2730--A Bill to amend and reenact §30-38-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-38-19, all relating to requirements to perform appraisals; providing requirements for licensure or certification by reciprocity; and clarifying the requirements for temporary permits.

    Referred to the Committee on Government Organization.

    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. 2731--A Bill to amend and reenact §16-5O-1, §16-5O-2, §16-5O-3, §16-5O-4, §16-5O-5, §16-5O-6, §16-5O-7, §16-5O-8, §16-5O-10 and §16-5O-11 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §16-5O-12, all relating to regulating the performance of health maintenance tasks by unlicensed personnel in certain personal care facilities; providing exceptions; identifying who may perform health maintenance tasks; requiring record keeping; requiring the administrative monitoring system to have input from registered professional nurses; requiring liability insurance; changing the short title; defining terms including health maintenance tasks; requiring legislative rules necessary to implement the article; and the creation of an advisory committee to review definition of health maintenance tasks, along with polices and procedures authorized by the article.

    Referred to the Committee on Health and Human Resources; 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. 2738--A Bill to amend and reenact §30-7B-2, §30-7B-3, §30-7B-4, §30-7B-5, §30-7B-6, §30-7B-8 and §30-7B-9 of the Code of West Virginia, 1931, as amended, all relating to the Center for Nursing; adding definitions; removing outdated language; updating powers reorganizing the board; establishing minimum scholarship requirements; and requiring the center to report to the Legislative Oversight Commission on Health and Human Resources Accountability instead of the Joint Committee on Government and Finance.

    Referred to the Committee on Health and Human Resources; and then 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. 2787--A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as amended, relating to exemptions and exceptions granted to statutory conceal and carry requirements; imposing certain training and certification requirements for judges, prosecuting attorneys and investigators employed by a prosecuting attorney; exempting such persons from the payment of conceal and carry permit application fees; expanding the list of judicial officers included in those exempted from the payment of fees; and requiring enhanced handgun training for judicial officers and prosecutors before they can be authorized to carry a handgun in the performance of his or her duties, or to carry a handgun in buildings which house a courtroom.

    Referred to the Committee on the Judiciary.

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

    Eng. Com. Sub. for House Bill No. 2805--A Bill to repeal §3-12-17 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-1A-5 of said code; and to amend and reenact §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-6, §3-12-7, §3-12-9, §3-12-10, §3-12-11, §3-12-13, §3-12-14 and §3-12-16 of said code, all relating to making the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program a permanent program; removing provisions permitting receipt of supplemental or rescue public campaign financing funds; providing certain findings; limiting collections by, and contributions to, a participating candidate in certain circumstances; requiring all contributions to candidates participating in the program be collected by the candidate’s financial agent; providing for the transfer of additional moneys to the program’s fund; allowing the program’s funds to be invested, with retained earnings; increasing the amounts of financing certified candidates may receive in contested elections; removing certain reporting requirements; removing the doubling of civil penalties in certain circumstances; and repealing the July 1, 2013, sunset provisions for the program and its fund.

    Referred to the Committee on the Judiciary.

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

    Eng. Com. Sub. for House Bill No. 2806--A Bill to amend and reenact §25-1A-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §25-1A-2a, all relating generally to exhaustion of administrative remedies for prisoners; defining certain administrative remedies; directing proposal of rules for legislative approval; complying with federal sexual abuse provisions; and requiring that a prisoner first exhaust such remedies prior to resorting to litigation.

    Referred to the Committee on the Judiciary.

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

    Eng. Com. Sub. for House Bill No. 2825--A Bill to amend and reenact §6-7-2a of the Code of West Virginia, 1931, as amended, relating to certain appointive state officers salaries.

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

    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. 2836--A Bill to amend and reenact §4-5-2 of the Code of West Virginia, 1931, as amended, relating to the Commission on Special Investigations generally; granting certain commission personnel the right to carry firearms in the course of their employment; establishing minimum training and certification requirements for such personnel; requiring such personnel to secure a license to carry a concealed weapon in accordance with the provisions of article seven, chapter sixty-one of this code.

    Referred to the Committee on the Judiciary.

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

    Eng. Com. Sub. for House Bill No. 2837--A Bill to repeal §12-1-12c of the Code of West Virginia, 1931, as amended; to repeal §12-6B-1, §12-6B-2, §12-6B-3 and §12-6B-4 of said code; to amend and reenact §5-10B-13 of said code; to amend said code by adding thereto a new section, designated §5-10B-14; to amend and reenact §12-1-3, §12-1-8 and §12-1-11 of said code; to amend and reenact §12-2-2 and §12-2-3 of said code; to amend and reenact §12-3A-3 of said code; to amend said code by adding thereto a new section, designated §12-4-17; to amend and reenact §12-5-4 of said code; to amend and reenact §12-6A-1, §12-6A-2, §12-6A-3, §12-6A-4 and §12-6A-5, §12-6A-6 and §12-6A-7 of said code; to amend and reenact §12-6C-7 and §12-6C-9 of said code; to amend and reenact §33-3-14d of said code; and to amend and reenact §36-8-13 of said code, all relating to the state treasurer's office; authorizing the deferred compensation plan to accept qualified domestic relations orders; authorizing Roth accounts within the deferred compensation plan in accordance with the Internal Revenue Code; authorizing financial institutions to offer products in addition to certificates of deposit; updating references to investing authorities to include the Board of Treasury Investments; raising the amount of eligible deposits from $100,000 to the amount insured by a federal agency; providing requirements to be eligible depositories; providing for conflicts of interest for applicants and employees of the Treasurer's office in connection with financial institutions; authorizing depositories to submit reports in an electronic format; changing the requirement that deposits are required within 24 hours to one business day; establishing standards for receipting of moneys, including reviewing of internal controls by auditors and the Treasurer and ensuring copies of audits are submitted to the Legislative Auditor; ensuring confidential information in internal control procedures is redacted before release; defining federal, special and general revenue funds; changing the report to the Legislative Auditor for accounts outside the treasury from quarterly to an annual report; authorizing the Treasurer to determine the competitive bidding of banking, investment and related goods and services required for treasury operations; authorizing the Treasurer to develop procedures for storing, retaining and disposing of records for his or her office; ensuring the director of the division of archives and history receives records with historical value; clarifying that the Treasurer is responsible for earnings received on securities, not just interest; consolidating the debt capacity division into the debt management division; providing legislative findings to acknowledge the importance of monitoring the debt of the state and its spending units; continuing division of debt management as the central information source for debt issued by the state and its spending units; defining debt to include debentures, lease purchases, mortgages, securitizations and other types of obligations with specific amounts owed and payable on demand or on determinable dates; defining debt impact report, moral obligation bond, net tax supported debt and tax supported debt; defining spending unit; eliminating requirement for developing a long-term debt plan; authorizing the division to continuously evaluating debt and debt service requirements and reviewing all proposed debt offerings of the state and its spending units; authorizing the division to issue a debt impact report if requested by the Governor, Senate President or House of Delegates Speaker and that the report shall not restrict the Governor, Legislature or spending unit; requiring the division to monitor continuing disclosure requirements and post-issuance compliance issues; eliminating requirement that the debt management division provide staff for the debt capacity division; providing for reporting by the division and the spending units; requiring the division to prepare and issue the debt capacity report; authorizing the Treasurer to promulgate the rules in certain circumstances; altering the bond required for the Board of Treasury Investments from $50 million to at least $10 million, as set by the board; updating language pertaining to rating agencies to nationally recognized statistical rating organizations; permitting pools with weighted average maturity or duration of 366 days or more to invest in investment grade corporate debt securities; authorizing investments in money market and other fixed income funds; authorizing the board to make loans specified by the Legislature and to offer an equipment and software financing program for state government entities; providing that securities falling out of compliance with the Code do not have to be sold if the investment manager and investment consultant recommend retention; satisfying amounts due to and from policemen's and firemen's pension and relief funds and the Teachers Retirement System; authorizing expenses related to operations and programs of the office of the Treasurer from the Unclaimed Property Fund; authorizing transfer of moneys from the Unclaimed Property Trust Fund for payment to policemen's and firemen's pension and relief funds.

    Referred to the Committee on Finance.

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

    Eng. Com. Sub. for House Bill No. 2849--A Bill to amend and reenact §6-9-7 and §6-9-9a of the Code of West Virginia, 1931, as amended, all relating to the Chief Inspector of Public Offices; authorizing the Chief Inspector to investigate the financial affairs of local governmental offices, political subdivisions, boards, commissions, authorities, agencies and other public entities; clarifying that the Chief Inspector may report to proper legal authority or initiate civil and criminal actions if an investigation discloses misfeasance, malfeasance or nonfeasance; and providing for confidentiality of reports until the completion of investigation or adjudication.

    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, to take effect from passage, and requested the concurrence of the Senate in the passage of

    Eng. Com. Sub. for House Bill No. 2897--A Bill finding and declaring certain claims against the state and its agencies to be moral obligations of the state; and directing the Auditor to issue warrants for the payment thereof.

    Referred to the Committee on Finance.

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

    Eng. Com. Sub. for House Bill No. 2960--A Bill to repeal §33-25C-5, §33-25C-6, §33-25C-7, §33-25C-9 and §33-25C-11 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §33-16H-1, §33-16H-2, §33-16H-3 and §33-16H-4, all relating to review of adverse determinations by health plan issuers; mandating utilization review and internal grievance procedures; providing for external review of adverse determinations; defining terms; providing for judicial review of certain decisions; providing for venue of judicial review; providing for continued benefits pending judicial review; providing for an award of attorneys fees; providing no new causes of action; preserving existing causes of action; repealing similar provisions applicable to only health maintenance organizations; and directing proposal and promulgation of rules.

    Referred to the Committee on Banking and Insurance; 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. 2964--A Bill to amend and reenact §8-10-1 of the Code of West Virginia, 1931, as amended, relating to the powers and duties of the mayor; and allowing removed chiefs of police and removed deputy chiefs of police to be reinstated to the rank that he or she previously held.

    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. House Bill No. 2968--A Bill to amend and reenact §5A-8-20 of the Code of West Virginia, 1931, as amended, relating to the creation of preservation duplicates of state records and destruction of the original records; authorizing the use of additional medium for use in archiving the records; setting forth the standards the additional medium must meet; requiring the state records administrator to establish a procedure for executive agencies to follow; permitting, consistent with the State Constitution, each house of the Legislature to determine on its own or jointly the procedure for the storage of legislative records; permitting any person or entity to purchase one copy of any archived or preserved state record; and defining a term.

    Referred to the Committee on Government Organization.

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

    Eng. Com. Sub. for House Bill No. 3020--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto six new sections to article seven, chapter twenty, designated §20-7-24, §20-7-25, §20-7-26, §20-7-27, §20-7-28, and §20-7-29, all relating to boat, boat dock and marina safety; providing definitions; requiring compliance with certain standards; requiring work by certified electricians; establishing a date for compliance; and providing penalties.

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

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

    Eng. House Bill No. 3028--A Bill to amend and reenact §29-6-4 of the Code of West Virginia, 1931, as amended, relating to expanding the number of hours temporary state personnel may work in a calendar year.

    At the request of Senator Laird, and by unanimous consent, the message was taken up for immediate consideration and reference of the bill to a committee dispensed with.

    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. 3058--A Bill to amend and reenact §11-1C-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §11-1C-5c and §11-1C-5d, all relating to the valuation of motor vehicles for purposes of ad valorem property taxes; requiring antique motor vehicles not used as a primary vehicle to be assigned an appraised value of up to $5,000; and providing that a reconciliation excise tax is imposed on the sale of an antique motor vehicle to recapture revenue from the sale.

    Referred to the Committee on Transportation and Infrastructure; 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. Com. Sub. for House Bill No. 3060--A Bill to amend and reenact §22C-9-3 and §22C-9-4 of the Code of West Virginia, 1931, as amended, all relating to authorizing the Oil and Gas Conservation Commission to regulate the horizontal deep wells.

    Referred to the Committee Energy, Industry and Mining; and then 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. 3062--A Bill to amend and reenact §19-12A-6a of the Code of West Virginia, 1931, as amended, increasing the cap for collections into the land division special revenue account of the Department of Agriculture from $1,500,000 to $2,000,000 and dividing amounts in excess of the cap evenly between said special revenue account and the General Revenue Fund of the state.

    Referred to the Committee on Agriculture and Rural Development; 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. Com. Sub. for House Bill No. 3069--A Bill to amend and reenact §23-5-16 of the Code of West Virginia, 1931, as amended, relating to providing that attorney fees may be awarded for successful recovery of denied medical benefits in certain workers' compensation cases; and providing fee limits.

    Referred to the Committee on the Judiciary.

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

    Eng. Com. Sub. for House Bill No. 3072--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13DD-1, §11-13DD-2, §11-13DD-3, §11-13DD-4 and §11-13DD-5, all relating to providing a tax credit to coal producers who sell coal to taxpayers who increase their consumption of West Virginia coal in this state for the purpose of increasing coal production and coal related employment in West Virginia.

    Referred to the Committee on Energy, Industry and Mining; 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. 3112--A Bill to amend and reenact §14-2A-3, §14-2A-9 and §14-2A-12 of the Code of West Virginia, 1931, as amended, all relating to compensation awards to victims of crimes; increasing the amount of victim relocation costs; permitting a victim’s reasonable travels costs to attend parole hearings of the offender; including student loans in definition of lost scholarship; permitting the Court of Claims to hire more than two claim investigators; and permitting claim investigators to acquire autopsy reports, including toxicology results, from the State Medical Examiner.

    Referred to the Committee on Finance.

    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. 3139--A Bill to amend and reenact §3-1A-8 of the Code of West Virginia, 1931, as amended, relating to qualified investigators employed by the Secretary of State; authorizing the Secretary of State to allow qualified investigators to carry firearms while performing their official duties; establishing minimum training and certification requirements; and requiring qualified personnel to secure a license to carry a concealed weapon in accordance with the provisions of the code.

    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 July 1, 2013, and requested the concurrence of the Senate in the passage of

    Eng. Com. Sub. for House Bill No. 3157--A Bill to repeal §18-2-15, §18-2-15a, §18-2-18, §18-2-23, §18-2-30, §18-2-31, §18-2-36, §18-2-37 and §18-2-38 of the code of West Virginia, 1931, as amended; to repeal §18-2E-3c and §18-2E-3d of said code; to repeal §18-5-40 of said code; to repeal §18-9-2b, §18-9-5, §18-9-7 and §18-9-8 of said code; to repeal §18-9A-3a, §18-9A-3b, §18-9A-13, §18-9A-13a, §18-9A-13b, §18-9A-25 and §18-9A-26 of said code; to repeal §18-9B-11 and §18-9B-16 of said code; to repeal §18A-3-2b of said code; to amend and reenact §18-2-5g of said code; to further amend said code by adding thereto a new section, designated §18-2E-5e; to further amend said code by adding thereto a new section, designated §18-8-6a; and to amend and reenact §18-9A-10 of said code, all relating to restoring the authority, flexibility and capacity of schools and school systems to improve student learning; eliminating requirement for biennial report on public schools and institutions; eliminating expired provisions for RESA study; eliminating expired provisions for study on staff fluctuations at certain schools; eliminating outdated provisions on comprehensive education program plans; eliminating requirement for statewide curriculum technology resource center; eliminating outdated provisions for automatic cost of living adjustment plan; eliminating outdated provisions for student learning abilities grant program; eliminating expired provisions on flood and property insurance study; eliminating expired provisions on study of school teams and committees; eliminating prescriptive summer reading and math grant program provisions; eliminating provisions pilot program for operation on schools on semester basis; eliminating outdated provisions for transferring school funds from magisterial and independent school districts; eliminating outdated provisions related to the board of the school fund; eliminating outdated provisions related to supplemental aid to for districts with institutional home for orphans and homeless children; eliminating expired provisions for transition to new provisions on school finance; eliminating expired provisions for school finance in certain fiscal year; eliminating expired provisions for one-year transitional allocation appropriation for certain rural districts; eliminating expired provisions related to levies subsequent to passage of statewide uniform excess levy; eliminating inoperable provisions for legislative reserve fund; eliminating requirement for appropriation for teacher of the year salary; eliminating allowance for workers’ compensation for unpaid work-based learning; eliminating outdated provisions related to board of school finance; eliminating provisions related to beginning teacher internship; replacing requirement for annual summary and submission of certain county board policies with requirement for state board to review and evaluate certain reports and report to legislative oversight commission; making legislative findings on Goals for Education; making legislative findings on policy-oriented objectives in Goals for Education; making legislative findings on certain issues raised by Efficiency Audit; making legislative findings on consistency of certain Audit conclusion and policy-oriented objectives of Goals for Education; stating purpose of section with respect to Goals for Education and policy-oriented objectives; requiring state board report on accountability supervisory method that does not affect school and district strategic plans in certain ways; requiring state board to provide clear and consistent expectations for reasonable period in certain ways; requiring state board to ensure certain school and school system capacity for professional development; requiring state board to evaluate its performance and progress on achieving goals and report to Legislative Oversight Commission on Education Accountability; providing reimbursement in certain circumstances for county board costs of probation officers for truant juveniles; eliminating state board approval of certain electronic strategic improvement plans; reducing percent of increase in local share added to allowance to improve instructional programs; requiring certain funds available for use for personnel to be used for only certain personnel subject to certain condition; increasing percent of increase in local share added to instructional technology purposes; changing purpose to county and school strategic improvement plans; and changing method of allocation to counties.

    Referred to the Committee on Education; 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. 3161--A Bill to repeal §48-2-604 of the Code of West Virginia, 1931, as amended, relating to marriage license fees.

    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. 3162--A Bill to amend and reenact §18B-18A-1, §18B-18A-2, §18B-18A-3, §18B-18A-8, §18B-18A-9 and §18B-18A-11 of the Code of West Virginia, 1931, as amended; and to further amend said code by adding thereto a new section, designated §18B-18A-3a, all relating to providing for the allocation of matching funds from future moneys deposited into the West Virginia Research Trust Fund generally; expanding the eligible recipients of matching funds to include West Virginia State University in certain circumstances; modifying criteria for eligibility to receive certain matching funds; and requiring new legislative rule.

    Referred to the Committee on Education; 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. 3163--A Bill to amend and reenact §17-16A-4, §17-16A-10 and §17-16A-18 of the Code of West Virginia, 1931, as amended, all relating to requiring all debt obligations of the West Virginia parkways authority to be satisfied by February 1, 2020; eliminating tolls on the West Virginia Turnpike after debt obligations are satisfied; directing the Governor to issue a proclamation that all obligations are satisfied and transfer of assets; providing that certain materials, equipment, assets and employees of the parkways authority be transferred to the Division of Highways; providing for employees of the parkways authority whose positions are eliminated as result of the transfer; requiring certain moneys be used for operation and maintenance of West Virginia Turnpike; providing that all obligations and responsibilities of the parkways authority for the West Virginia Turnpike cease on January 1, 2035; prohibiting new bonds from being issued; providing an exception; and requiring the Division of Highways to accept ownership of the West Virginia Turnpike when the bonds secured by toll revenues have been paid.

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

Executive Communications

    Senator Kessler (Mr. President) laid before the Senate the following communication from His Excellency, the Governor, consisting of executive nominations for appointees:

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 4, 2013

Senate Executive Message No. 4

TO: The Honorable Members of the

    West Virginia Senate

Ladies and Gentlemen:

    I respectfully submit the following nominations for your advice and consent:

     1.  For Member, Livestock Care Standards Board, Ben Tuckwiller, Lewisburg, Greenbrier County, for the term ending June 30, 2016.

     2.  For Member, Natural Resources Commission, Jeffrey Bowers, Franklin, Pendleton County, for the term ending June 30, 2019.

     3.  For Member, Board of Osteopathic Medicine, Elizabeth Blatt, Princeton, Mercer County, for the term ending June 30, 2013.

     4.  For Member, Board of Osteopathic Medicine, Robert Whitler, Elkview, Kanawha County, for the term ending June 30, 2017.

     5.  For Member, Board of Osteopathic Medicine, Heather Jones, Chapmanville, Logan County, for the term ending June 30, 2018.

     6.  For Member, Educational Broadcasting Authority, Mark Polen, Charleston, Kanawha County, for the term ending June 30, 2019.

     7.  For Member, Hospital Finance Board, Jack Roop, Crab Orchard, Raleigh County, for the term ending January 9, 2018.

     8.  For Member, Hospital Finance Board, David Williams, Hurricane, Putnam County, for the term ending January 9, 2015.

     9.  For Member, Election Commission, Vince Cardi, Morgantown, Monongalia County, for the term ending June 4, 2017.

    10. For Member, Workers’ Compensation Board of Review, James Gray, Bridgeport, Harrison County, for the term ending December 31, 2018.

    11. For Member, Hospital Finance Authority, James Christie, Bridgeport, Harrison County, for the term ending January 9, 2014.

    12. For Member, Livestock Care Standards Board, Dan Robison, Morgantown, Monongalia County, for the term ending June 30, 2016.

    13. For Member, Hospital Finance Authority, Jack Hartley, Charleston, Kanawha County, for the term ending January 9, 2019.

    14. For Member, Hospital Finance Authority, Geraldine Roberts, Elkins, Randolph County, for the term ending January 9, 2017.

    15. For Member, Health Care Authority, Sonia Chambers, Huntington, Cabell County, for the term ending March 12, 2019.

    16. For Member, School Building Authority, Steve Burton, Prichard, Wayne County, for the term ending July 31, 2015.

    17. For Member, Investment Management Board of Trustees, G. Kurt Dettinger, Charleston, Kanawha County, for the term ending January 31, 2019.

    18. For Member, West Virginia University-Parkersburg Board of Governors, James Six, Parkersburg, Wood County, for the term ending June 30, 2016.

    19. For Member, West Virginia University-Parkersburg Board of Governors, Jeffrey Matheny, Mineral Wells, Wood County, for the term ending June 30, 2016.

    20. For Member, Athletic Commission, James Frio, Wheeling, Ohio County, for the term ending June 30, 2014.

    21. For Member, Athletic Commission, Steve Allred, Julian, Boone County, for the term ending June 30, 2015.

    22. For Member, Regional Jail and Correctional Facility Authority, Tim McCormick, Wheeling, Ohio County, for the term ending June 30, 2013.

    Notice of these appointments was previously provided to the appropriate legislative staff at the time the appointments were made.

Sincerely,

Earl Ray Tomblin,

Governor.

    Which communication was received and referred to the Committee on Confirmations and incorporated with the executive nominations received earlier this session; all to be considered as a special order of business for Saturday, April 13, 2013, at 11 a.m.

    The Senate proceeded to the fourth order of business.

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

    Your Committee on Economic Development has had under consideration

    Senate Concurrent Resolution No. 41 (originating in the Committee on Economic Development)--Requesting the Joint Committee on Government and Finance study the critical access need for emergency electric generators; the best methods to ensure that businesses, public services and citizens have access to such emergency electric generators; and the feasibility of a tax credit to offset the costs of purchasing such emergency electric generators.

    Whereas, Recent natural events, including the derecho of June 2012, have increased the awareness of and need for emergency electric generators in West Virginia; and

    Whereas, The rural and mountainous terrain of much of West Virginia slows the restoration of electric service following natural disasters and other natural events, further underscoring the importance of access to emergency electric generators; and

    Whereas, Future preparedness for potential natural disasters and emergencies requires increased access to emergency electric generators; and

    Whereas, Uninterrupted access to certain critical services and goods, including health care, water, food and fuel, during emergency situations is an essential element in ensuring the safety and well being of the citizens of West Virginia; and

    Whereas, The cost of purchasing an emergency electric generator can be very expensive, especially to small businesses and individual citizens; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study the critical access need for emergency electric generators; the best methods to ensure that businesses, public services and citizens have access to such emergency electric generators; and the feasibility of a tax credit to offset the costs of purchasing such emergency electric generators; and, be it

    Further Resolved, That the West Virginia Division of Homeland Security is requested to assist the Joint Committee on Government and Finance in its study of emergency electric generators; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2014, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

    And reports the same back with the recommendation that it be adopted; but with the further recommendation that it first be referred to the Committee on Rules.

                             Respectfully submitted,

                               Bob Williams,

                                 Chair.

    At the request of Senator Williams, unanimous consent being granted, the resolution (S. C. R. No. 41) contained in the preceding report from the Committee on Economic Development was taken up for immediate consideration.

    On motion of Senator Williams, the resolution was referred to the Committee on Rules.

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

    Your Committee on Government Organization has had under consideration

    Senate Concurrent Resolution No. 42 (originating in the Committee on Government Organization)--Requesting the Joint Committee on Government and Finance study the state’s purchasing process and procedures, including the possible adoption of the Model Procurement Act.

    Whereas, It has been brought to the attention of the Legislature that the purchasing and procurement processes of the state are unclear; and

    Whereas, There is some discrepancy in the best purchasing process for the state, and a study may produce a procedure or refine an existing procedure conducive to efficient spending; and

    Whereas, Other states employ and advocate procurement methods that differ from that of West Virginia; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study the state’s purchasing process and procedures, including the possible adoption of the Model Procurement Act; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2014, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

    And reports the same back with the recommendation that it be adopted; but with the further recommendation that it first be referred to the Committee on Rules.

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    At the request of Senator Snyder, unanimous consent being granted, the resolution (S. C. R. No. 42) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration.

    On motion of Senator Snyder, the resolution was referred to the Committee on Rules.

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

    Your Committee on Government Organization has had under consideration

    Senate Concurrent Resolution No. 43 (originating in the Committee on Government Organization)--Requesting the Joint Committee on Government and Finance study the feasibility of regional testing for examinations given by state agencies, boards, commissions and entities and Chapter 30 boards.

    Whereas, Most examinations given by state agencies, boards, commissions and entities and Chapter 30 boards are predominantly administered in Charleston; and

    Whereas, Having to travel to Charleston creates a hardship for the citizens of West Virginia due to the significant driving distance to the capital city; and

    Whereas, Providing for the administration of tests regionally and/or online may better serve the citizens of West Virginia; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study the feasibility of regional testing for examinations given by state agencies, boards, commissions and entities and Chapter 30 boards; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2014, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

    And reports the same back with the recommendation that it be adopted; but with the further recommendation that it first be referred to the Committee on Rules.

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    At the request of Senator Snyder, unanimous consent being granted, the resolution (S. C. R. No. 43) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration.

    On motion of Senator Snyder, the resolution was referred to the Committee on Rules.

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

    Your Committee on the Judiciary has had under consideration

    Eng. Com. Sub. for House Bill No. 2314, Authorizing a family court judge to order a child to be taken into custody in emergency situations.

    And has amended same.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

    Your Committee on the Judiciary has had under consideration

    Eng. House Bill No. 2361, Relating to the definition of "eligible veteran" for certain state training and employment preference benefits.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

    Your Committee on Government Organization has had under consideration

    Eng. Com. Sub. for House Bill No. 2397, Authorizing a county commission to temporarily fill vacancies in certain offices.

    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,

                               Herb Snyder,

                                 Chair.

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

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

    Your Committee on the Judiciary has had under consideration

    Eng. House Bill No. 2463, Repealing the article that permits the sterilization of persons deemed to be mentally incompetent.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

    Your Committee on Government Organization has had under consideration

    Eng. Com. Sub. for House Bill No. 2471, Prohibiting the restriction or otherwise lawful possession, use, carrying, transfer, transportation, storage or display of a firearm or ammunition during a declared state of emergency.

    And has amended same.

    And,

    Eng. Com. Sub. for House Bill No. 2534, Relating to the regulation of pawn brokers.

    And has amended same.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    The bills, under the original double committee references, were then referred to the Committee on the Judiciary, with amendments from the Committee on Government Organization pending.

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

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

    Eng. Com. Sub. for House Bill No. 2505, Increasing civil penalties imposed by the Public Service Commission for pipeline safety violations.

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

                             Respectfully submitted,

                               Douglas E. Facemire,

                                 Chair.

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

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

    Your Committee on the Judiciary has had under consideration

    Eng. Com. Sub. for House Bill No. 2521, Relating to the West Virginia Contraband Forfeiture Act.

    And has amended same.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

    Your Committee on the Judiciary has had under consideration

    Eng. Com. Sub. for House Bill No. 2585, Increasing the time to file a petition in response to notice of an increased assessment.

    And has amended same.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

    Your Committee on the Judiciary has had under consideration

    Eng. Com. Sub. for House Bill No. 2652, Authorizing the Department of Administration to promulgate legislative rules.

    And has amended same.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

    Your Committee on Education has had under consideration

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

    And,

    Eng. House Bill No. 3104, Authorizing certain legislative rules regarding higher education.

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

                             Respectfully submitted,

                               Robert H. Plymale,

                                 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

    Eng. Com. Sub. for House Bill No. 2809, Authorizing the Division of Corrections to implement a responsible parent program pilot project.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

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

    Your Committee on Government Organization has had under consideration

    Eng. House Bill No. 2851, Establishing a one time audit cost amnesty program for local governments with delinquent audit costs.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

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

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

    Your Committee on the Judiciary has had under consideration

    Eng. Com. Sub. for House Bill No. 2858, Relating generally to consumer rate relief bonds.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

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

    Your Committee on Government Organization has had under consideration

    House Concurrent Resolution No. 11, Requesting the State of West Virginia to annually recognize August 16 as "Airborne Day" in West Virginia.

    And reports the same back with the recommendation that it be adopted.

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

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

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

    House Concurrent Resolution No. 80, Urging the US Congress to move West Virginia from the Environmental Protection Agency's Region 3 office to the Region 4 office in Atlanta.

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

                             Respectfully submitted,

                               Douglas E. Facemire,

                                 Chair.

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

    The Senate proceeded to the sixth order of business.

    Senators Kessler (Mr. President), Stollings, Cann, Yost, Beach, Prezioso, Williams, Sypolt, Edgell, McCabe, Carmichael, Fitzsimmons, D. Hall, Jenkins, Wells and Unger offered the following resolution:

    Senate Resolution No. 56--Honoring Franklin D. Cleckley, former Justice of the Supreme Court of Appeals of West Virginia, author, professor and distinguished public servant.

    Whereas, Franklin D. Cleckley served for two years as a Justice of the Supreme Court of Appeals of West Virginia, the first African-American to do so, and authored over one hundred majority opinions; and

    Whereas, Franklin D. Cleckley authored the “Handbook on Evidence for West Virginia Lawyers” and the “Handbook on West Virginia Criminal Procedures”, volumes referred to as the “Bible for West Virginia’s judges and attorneys” by the Supreme Court of Appeals of West Virginia; and

    Whereas, Franklin D. Cleckley has taught at the West Virginia University College of Law since 1969, educating and mentoring future judges, lawyers, state and national legislators, educators and business and community leaders for forty-four years; and

    Whereas, Franklin D. Cleckley was the first African-American member of the faculty and staff at the West Virginia University College of Law, and the first full-time African-American professor at West Virginia University; and

    Whereas, Franklin D. Cleckley established The Franklin D. Cleckley Foundation, Inc., a nonprofit organization that gives former convicts educational and employment opportunities; and

    Whereas, Franklin D. Cleckley founded at West Virginia University an eponymous symposium to bring distinguished members of the civil rights and African-American communities to the campus; and

    Whereas, Franklin D. Cleckley successfully argued important antidiscrimination cases as a civil rights lawyer that helped integrate West Virginia and bring social justice to the state; and

    Whereas, Franklin D. Cleckley often represented clients who could not afford to pay, serving as a one-man legal aid society and earning the reputation of being the “poor man’s Perry Mason”; and

    Whereas, Franklin D. Cleckley helped revive the Mountain State Bar Association, the oldest minority bar in the United States, founded in 1915; and

    Whereas, Franklin D. Cleckley served with distinction in the United States Navy Judge Advocate General’s Corps and was the most requested lawyer by defendants; and

    Whereas, Franklin D. Cleckley is a legal icon in the State of West Virginia and widely considered one of the nation’s greatest legal minds; therefore, be it

    Resolved by the Senate:

    That the Senate hereby honors Franklin D. Cleckley, former Justice of the Supreme Court of Appeals of West Virginia, author, professor and distinguished public servant; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Franklin D. Cleckley.

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

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

    Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.

    Senators Prezioso, Stollings, Cann, Yost, Snyder, McCabe, Carmichael, Fitzsimmons, Beach, Williams, D. Hall, Jenkins, Wells and Unger offered the following resolution:

    Senate Resolution No. 57--Recognizing William Gaston Caperton III, the thirty-first Governor of West Virginia, for his service and contributions to the youth of West Virginia.

    Whereas, William Gaston Caperton III was born February 21, 1940, in Charleston, West Virginia; and

    Whereas, William Gaston Caperton III graduated from the University of North Carolina at Chapel Hill, and then returned to Charleston to manage his family owned insurance firm; and

    Whereas, William Gaston Caperton III later became the principal owner of the insurance firm, turning it into one of the largest privately owned insurance brokerage firms in the country; and

    Whereas, William Gaston Caperton III was elected the thirty-first Governor of West Virginia in November 1988, and served as Governor of West Virginia from 1989 through 1997; and

    Whereas, During his service as Governor, William Gaston Caperton III distinguished himself as a model of fiscal responsibility and an innovator of education reform, resulting in his being named the Chair of the Democratic Governors Association; and

    Whereas, During his term as Governor, William Gaston Caperton III was instrumental in championing causes and programs of the Ohio-West Virginia Youth Leadership Association; and

    Whereas, These achievements include continued and increased funding of the Governor’s Youth Opportunity Camp at Camp Horseshoe for low-income 7 to 12 year-old West Virginia boys and girls, enabling at-risk children to turn their lives to achievement in school, career, healthier living and citizenship; and

    Whereas, As Governor, William Gaston Caperton III was instrumental in obtaining a grant from the Appalachian Regional Commission to extend youth leadership programming into more West Virginia schools and communities; and

    Whereas, William Gaston Caperton III led the creation of the Institute for IDEAS at Camp Horshoe as a residential alternative school for talented West Virginia eighth and ninth graders who were failing in school and often life, motivating and preparing more than eighty-five percent of the students to return home to succeed in school and life; and

    Whereas, William Gaston Caperton III was an integral partner in the Youth in Government Model Legislature program, which provides students with live hands-on experience in the workings of state government; and

    Whereas, After completing two terms as Governor, William Gaston Caperton III taught at Harvard University, and was a founder of the Institute on Education and Government at Columbia University; and

    Whereas, In 1999, William Gaston Caperton III became President of the College Board, which administers the SAT and AP tests; and

    Whereas, William Gaston Caperton III left the College Board in 2012 in order to return to Charleston; and

    Whereas, William Gaston Caperton III’s contributions to the youth of West Virginia have been known to generations and will be felt by generations to follow; and

    Whereas, William Gaston Caperton III’s accomplishments are being recognized on April 5, 2013, as the tenth recipient of the Lewis N. McManus Spirit of the Mountains Award, an impressive designation previously received by Jessica Lynch, Cecil Underwood, John D. Rockefeller IV, Bill Raney, Gayle Manchin and James H. “Buck” Harless, among others; therefore, be it

    Resolved by the Senate:

    That the Senate hereby recognizes William Gaston Caperton III, the thirty-first Governor of West Virginia, for his service and contributions to the youth of West Virginia; and, be it

    Further Resolved, That the Senate expresses its congratulations to William Gaston Caperton III for being selected as the tenth recipient of the Lewis N. McManus Spirit of the Mountains Award; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to William Gaston Caperton III and the Youth Leadership Association.

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

    Thereafter, at the request of Senator Laird, and by unanimous consent, the remarks by Senators Prezioso, Plymale and Edgell regarding the adoption of Senate Resolution No. 57 were ordered printed in the Appendix to the Journal.

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

    Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.

    Senators Green, D. Hall, Stollings, Yost, Prezioso, McCabe, Carmichael, Fitzsimmons, Beach, Williams, Jenkins, Wells and Unger offered the following resolution:

    Senate Resolution No. 58--Recognizing the Citizens Conservation Corps for their dedicated public service to the communities and citizens of West Virginia.

    Whereas, The mission of the Citizens Conservation Corps is to conduct projects and programs that strengthen and revitalize communities; provide self esteem, educational enhancements and employment opportunities through meaningful work experiences for young people; and conserve, develop and enhance natural resources; and

    Whereas, Founded as part of President Franklin D. Roosevelt’s New Deal, the Civilian Conservation Corps sought to provide meaningful employment to young men as the country faced the economic plight of the Dust Bowl and Great Depression; and

    Whereas, In West Virginia the Citizens Conservation Corps built roads and trails, planted trees and designed many projects to enhance the forests, fields and trails across the state; and

    Whereas, While the Civilian Conservation Corps folded in 1942, as the nation’s attention turned to World War II, its dedication to the preservation and purification of the land, water and forests, and goals of bettering men and women through their involvement with the land lives on through the Citizens Conservation Corps of West Virginia; and

    Whereas, Representatives of the Citizens Conservation Corps believe that men and women, young and old alike, can benefit from the experiences provided by its programs, and remain focused on the individuals who seek to improve themselves and their communities; therefore, be it

    Resolved by the Senate:

    That the Senate hereby recognizes the Citizens Conservation Corps for their dedicated public service to the communities and citizens of West Virginia; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy this resolution to the Citizens Conservation Corps.

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

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

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

    Senate Concurrent Resolution No. 39, Requesting Joint Committee on Government and Finance study tax system.

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

    Senate Concurrent Resolution No. 40, Requesting Joint Committee on Government and Finance study Taxpayer Bill of Rights.

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

    The Senate proceeded to the eighth order of business.

    Eng. Com. Sub. for Senate Bill No. 459, Relating to warranties for used motor vehicles.

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

    On motion of Senator Laird, the bill was recommitted to the Committee on the Judiciary.

    The Senate proceeded to the tenth order of business.

    Eng. Com. Sub. for House Bill No. 2923, Relating to directors of state-chartered banking institutions.

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

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

    Eng. Com. Sub. for House Bill No. 2940, Relating to regional meetings among certain officials of county boards of education.

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

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

    Eng. Com. Sub. for House Bill No. 3086, Relating to juvenile services and criminal justice institutions.

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

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

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

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Laird, the Senate adjourned until tomorrow, Friday, April 5, 2013, at 11 a.m.

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