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Senate Journal



Day 014 (Part 8-)
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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2014

FIFTY-FIRST DAY

____________

Charleston, W. Va., Thursday, February 27, 2014

    The Senate met at 11 a.m.

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

    Prayer was offered by Pastor Richard K. DeQuasie, Morris Memorial United Methodist Church, Charleston, West Virginia.

    Pending the reading of the Journal of Wednesday, February 26, 2014,

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

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

    The Senate then proceeded to the third order of business.

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

    Eng. House Joint Resolution No. 108--Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof, by adding thereto a new section, designated section twelve, relating to exempting certain nonprofit youth organizations from taxation on property owned by the organization which is leased or used to support the organization; conditioning tax exemption on enactment of certain legislation; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

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

    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. 2446--A Bill to amend and reenact §15-12-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §49-6-11 of said code; to amend and reenact §61-3C-14b of said code; and that said code be amended by adding thereto a new section, designated §61-8-17, all relating to the crime of solicitation of a minor; requiring registration as a sex offender; requiring a judicial finding as abusing parent status in certain circumstances; 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, to take effect July 1, 2014, and requested the concurrence of the Senate in the passage of

    Eng. Com. Sub. for House Bill No. 2606--A Bill to amend and reenact §6-7-2a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §29-18-4a, all relating to having the salary of the executive director of the West Virginia State Rail Authority set by the authority; and limiting such salary.

    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 Senate Bill No. 2803--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-19, relating to requiring electric utilities to develop integrated resource plans; requiring the Public Service Commission to order development of integrated resource plans; specifying certain deadlines for the plans; requiring commission review; authorizing commission to request additional information from the utilities; and providing considerations for commission when developing requirements for integrated resource plans.

    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. 2981--A Bill to amend and reenact §15-1F-7 of the Code of West Virginia, 1931, as amended, relating to unlawful military organizations; and providing that historical reenactors are not violating the provision prohibiting unlawful military organizations.

    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. 3156--A Bill to amend the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §21-1A-9, relating to establishing a privilege to prevent a labor organization or its agent from being compelled to disclose certain communications or information obtained from an employee while the labor organization or agent is acting in a representative capacity concerning an employee grievance; providing limitations and exceptions.

    Referred to the Committee on Labor; 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. 4004--A Bill to amend and reenact §61-8D-3 of the Code of West Virginia, 1931, as amended, relating to criminal offenses for child abuse by a parent, guardian or custodian; creating a misdemeanor offense for child abuse by a parent, guardian or custodian which creates a substantial threat of bodily injury; establishing a misdemeanor penalty for a first offense; providing that those convicted of the first offense may be required to undergo counseling; increasing penalties for a second conviction; making a conviction for a third or subsequent offense a felony; establishing criminal penalties; and providing that a parent, guardian or custodian convicted of a misdemeanor is not required to register as a person convicted of child abuse or neglect.

    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. 4005--A Bill to amend and reenact §61-8D-1, §61-8D-4 and §61-8D-9 of the Code of West Virginia, 1931, as amended, relating to offenses of child neglect by a parent, guardian or custodian; defining terms; making it a felony for a parent, guardian or custodian to grossly neglect a child which creates substantial risk of bodily injury; creating a misdemeanor offense for child neglect by a parent, guardian or custodian which creates a substantial risk of bodily injury; establishing misdemeanor penalties for first or second offenses; making third or subsequent offenses of child neglect that creates a substantial risk of bodily injury a felony; establishing criminal penalties; providing that a parent, guardian or custodian convicted of a misdemeanor is not required to register as a person convicted of child abuse or neglect.

    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. 4012--A Bill to repeal §29-4-3, §29-4-4, §29-4-5, §29-4-6, §29-4-7, §29-4-8, §29-4-12, §29-4-13, §29-4-14, §29-4-15 and §29-4-16 of the Code of West Virginia, 1931, as amended; to repeal §29C-1-101, §29C-1-102, §29C-1-103, §29C-1-104, §29C-1-105, §29C-1-106, §29C-1-107, §29C-2-201, §29C-2-202, §29C-2-203, §29C-2-204, §29C-2-205, §29C-2-206, §29C-2-207, §29C-2-208, §29C-2-301, §29C-3-101, §29C-3-102, §29C-4-101, §29C-4-102, §29C-4-103, §29C-4-104, §29C-4-201, §29C-4-202, §29C-4-203, §29C-4-301, §29C-4-401, §29C-4-402, §29C-4-403, §29C-4-404, §29C-4-405, §29C-5-101, §29C-5-102, §29C-5-103, §29C-5-104, §29C-6-101, §29C-6-102, §29C-6-103, §29C-6-201, §29C-6-202, §29C-6-203, §29C-6-204, §29C-7-101, §29C-7-201, §29C-7-202, §29C-8-101 and §29C-9-101 of said code; to repeal §39-1A-1, §39-1A-2, §39-1A-3, §39-1A-4, §39-1A-5, §39-1A-6, §39-1A-7, §39-1A-8 and §39-1A-9, of said code; to amend and reenact §39-1-4 and §39-1-5 of said code; to amend said code by adding thereto a new article, designated §39-4-1, §39-4-2, §39-4-3, §39-4-4, §39-4-5, §39-4-6, §39-4-7, §39-4-8, §39-4-9, §39-4-10, §39-4-11, §39-4-12, §39-4-13, §39-4-14, §39-4-15, §39-4-16, §39-4-17, §39-4-18, §39-4-19, §39-4-20, §39-4-21, §39-4-22, §39-4-23, §39-4-24, §39-4-25, §39-4-26, §39-4-27, §39-4-28, §39-4-29, §39-4-30, §39-4-31, §39-4-32, §39-4-33, §39-4-34, §39-4-35 and §39-4-36; to amend and reenact §57-4-2 of said code; to amend and reenact §57-5-9 of said code; and to amend and reenact §59-1-2 of said code, all relating to the Revised Uniform Law on Notarial Acts; establishing the effective date of the article; establishing an operative date of enactment and the effect on existing law; establishing the authority to perform notarial acts; establishing requirements for certain notarial acts; requiring a personal appearance and the identification of an individual; authorizing the right to refuse to perform a notarial act; establishing instructions for obtaining a signature if an individual is unable to sign; setting forth who may perform a notarial act in this state; establishing notarial reciprocity with other states, any federally recognized Indian tribe, the federal government, and foreign states; requiring a certificate for a notarial act; authorizing short form certificates; requiring an official stamp and the maintenance and disposition of a stamping device; authorizing notaries public the option of selecting a technology for use in notarial acts on electronic records; establishing minimum qualifications and authorizing the commissioning of notaries public; providing grounds to deny, refuse to renew, revoke, suspend, or condition commissions of notaries public; requiring Secretary of State to maintain a database of notaries public; prohibiting certain acts; authorizing the validity of notarial acts; authorizing the Secretary of State to promulgate rules; authorizing the continuation of a commission in effect on the effective date of the act; providing that any notarial act performed before the effective date of the act is not invalidated by the act; providing for the uniformity of the application and construction of the act; clarifying the relationship to the Electronic Signatures in Global and National Commerce Act; establishing maximum fees that may be charged by a notary public; commissioning notaries public for state and local government; establishing civil liability and criminal penalties; authorizing injunctive relief; authorizing the Secretary of State to investigate complaints; requiring the Secretary of State to maintain certain records; establishing an application fee; providing for the disposition of fees; repealing statutes regulating notaries public and commissioners including the Uniform Notary Act; repealing the Uniform Recognition of Acknowledgments Act; and removing obsolete references.

    Referred to the Committee on Interstate Cooperation; 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. 4039--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 Municipal Pensions Oversight Board to promulgate a legislative rule relating to policemen's and firemen's pensions disability calculation; authorizing the Real Estate Commission to promulgate a legislative rule relating to requirements in licensing real estate brokers, associate brokers and salespersons and the conduct of a brokerage business; authorizing the Real Estate Commission to promulgate a legislative rule relating to a schedule of fees; authorizing the State Election Commission to promulgate a legislative rule relating to the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program; 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 or certification; authorizing the Massage Therapy Licensure Board to promulgate a legislative rule relating to a schedule of fees; repealing the Treasurer's Office legislative rule relating to procedure for deposit of funds in the Treasurer's Office by state agencies; authorizing the Treasurer's Office to promulgate a legislative rule relating to the procedure for deposit of monies with the office by state agencies; authorizing the Treasurer's Office to promulgate a legislative rule relating to the selection of state depositories for disbursement accounts through competitive bidding; authorizing the Treasurer's Office to promulgate a legislative rule relating to the selection of state depositories for receipt accounts; repealing the Treasurer's Office legislative rule relating to rules for the reporting of debt capacity; authorizing the Treasurer's Office to promulgate a legislative rule relating to reporting debt; authorizing the Treasurer's Office to promulgate a legislative rule relating to procedures for fees in collections by charge, credit or debit card or by electronic payment; authorizing the Treasurer's Office to promulgate a legislative rule relating to providing services to political subdivisions; authorizing the Bureau of Senior Services to promulgate a legislative rule relating to the In-home Care Worker Registry; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to a schedule of charges for inspection services: fruit; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to auctioneers; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to the inspection of meat and poultry; 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; authorizing the Board of Examiners for Speech-Language Pathology and Audiology to promulgate a legislative rule relating to speech-language pathology and audiology assistants; authorizing the Board of Examiners for Speech-Language Pathology and Audiology to promulgate a legislative rule relating to disciplinary and complaint procedures for speech-language pathology and audiology; authorizing the Board of Examiners for Speech-Language Pathology and Audiology to promulgate a legislative rule relating to a code of ethics; authorizing the Board of Chiropractic Examiners to promulgate a legislative rule relating to the regulation of chiropractic practice; authorizing the Board of Chiropractic Examiners to promulgate a legislative rule relating to fees pertaining to the practice of chiropractic; 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 the formation and approval of professional limited liability companies; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to fees established by the Board; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the formation and approval of dental corporations and dental practice ownership; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to dental advertising; 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 administration of anesthesia by dentists; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the expanded duties of dental hygienists and dental assistants; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to mobile dental facilities and portable dental units; authorizing the State Board of Examiners for Licensed Practical Nurses to promulgate a legislative rule relating to policies regulating licensure of the licensed practical nurse; authorizing the State Board of Examiners for Licensed Practical 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 State Board of Examiners for Licensed Practical Nurses to promulgate a legislative rule relating to continuing competence; authorizing the Board of Pharmacy to promulgate a legislative rule relating to continuing education for licensure of pharmacists; authorizing the Board of Pharmacy to promulgate a legislative rule relating to controlled substances monitoring; authorizing the Board of Sanitarians to promulgate a legislative rule relating to the practice of public health sanitation; authorizing the Board of Professional Surveyors to promulgate a legislative rule relating to the examination and licensing of professional surveyors in West Virginia; authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to the registration of veterinary technicians; authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to certified animal euthanasia technicians; authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to a schedule of fees; and authorizing the Infrastructure and Jobs Development Council to promulgate a legislative rule relating to the Council.

    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. 4141--A Bill to repeal §47-19-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §47-19-1, §47-19-3, §47-19-4 and §47-19-5 of said code; and to amend and reenact §60A-4-403a of said code, all relating to licenses to sell paraphernalia for use with controlled substances; terminating the tax commissioner’s authority to issue business licenses to sell paraphernalia for use with controlled substances; revoking licenses previously issued by the Tax Commissioner; clarifying the definition of drug paraphernalia; requiring the continued retention of transaction records after the revocation of licensed authority; rule-making authority; effective date; criminal offense elements; and criminal penalties.

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

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

    Eng. Com. Sub. for House Bill No. 4156--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-16D-1, §17-16D-2, §17-16D-3, §17-16D-4, §17-16D-5, §17-16D-6, §17-16D-7, §17-16D-8, §17-16D-9, §17-16D-10, §17-16D-11, §17-16D-12, §17-16D-13 and §17-16D-14, all relating to electronic collection and enforcement of tolls; defining terms; authorizing the West Virginia Parkways Authority to electronically collect and enforce tolls; establishing liability of the registered owner for violation as a rebuttable inference; providing civil penalties for nonpayment of tolls; providing exceptions when the registered owner is a lessor; providing that certain information collected is confidential and not subject to the Freedom of Information Act; allowing limited restricted and confidential access to certain information pursuant to subpoenas and court orders on a strictly confidential basis; providing criminal penalties for damage to facilities; providing for nonrenewal of vehicle registration; authorizing reciprocal agreements with other jurisdictions for enforcement; and granting rule-making authority.

    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 and requested the concurrence of the Senate in the passage of

    Eng. Com. Sub. for House Bill No. 4168--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto by adding thereto five new sections, designated §5-22-3, §5-22-4, §5-22-5, §5-22-6 and §5-22-7, all relating to requiring the use of items of goods and equipment manufactured in the United States in government construction contracts; specifying the types of public entities and the types of contracts to which provisions apply; duties and responsibilities of public entities and bidders on contracts; providing conditions upon which provisions may be waived; duties and responsibilities of the division of labor; providing for violations and penalties therefor; providing opportunity for hearing; and requiring rules to carry out provisions.

    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. 4183--A Bill supplementing, amending, and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation, Division of Highways, fund 9017, fiscal year 2014, organization 0803, for the fiscal year ending June 30, 2014.

    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. 4184--A Bill to amend and reenact §5B-2E-3, §5B-2E-4, §5B-2E-5, §5B-2E-7, §5B-2E-7a and §5B-2E-11 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Tourism Development Act; providing definitions; extending termination provisions; removing requirement for engagement of a consulting firm to review proposed projects; imposing application filing fee; eliminating limitation on total amount of tourism development expansion project tax credits for all approved companies each calendar year; providing increased tax credit amounts for projects located on or adjacent to state and federal recreational property.

    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. 4204--A Bill to amend and reenact §33-17A-4 of the Code of West Virginia, 1931, as amended, relating to the nonrenewal or cancellation of property insurance coverage policies in force for at least four years; prohibiting nonrenewal or cancellation of such policies as a result of certain claims arising from natural causes; prohibiting nonrenewal or cancellation of such policies as a result of certain claims arising from declared states of emergency.

    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. 4210--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-11-23; and to amend said code by adding thereto a new section, designated §62-12-13b, all relating to providing to eligibility for parole for persons who are convicted of criminal offenses where the person was less than eighteen years of age at the time the offense was committed, generally; prohibiting a sentence of life imprisonment without the possibility of parole upon such persons; requiring that persons who are convicted of offenses and the person was less than eighteen years of age at the time the offenses were committed shall be eligible for parole after he or she has served fifteen years; requiring certain factors to be considered by court when sentencing such persons convicted after transfer to the criminal jurisdiction of the court; and requiring certain factors to be considered by the parole board when considering the eligibility for parole of a person sentenced after transfer to the criminal jurisdiction of a court.

    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. 4221--A Bill to amend and reenact §18-7A-13a of the Code of West Virginia, 1931, as amended, relating to permitting retirants under the State Teachers Retirement System to teach college level courses without loss of retirement annuity or benefits.

    Referred to the Committee on the Pensions; 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. 4225--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17B-2-14a, relating to establishing an emergency contact database; allowing holders of a drivers license to designate up to three emergency contact persons; requiring the Division of Motor Vehicles to collect the contact information of the emergency contact persons from the licensee; defining terms; providing rule-making authority; requiring law enforcement to check the emergency contact database when a person in a motor vehicle accident is unable to communicate an emergency contact person; and providing a limitation on liability for inability of law enforcement to contact the emergency contact in certain situations.

    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. 4228--A Bill to repeal §11-8-16a of the Code of West Virginia, 1931, as amended; to repeal §18-2-17 of said code; to repeal §18-2E-5b and §18-2E-8b of said code; to repeal §18-2G-1, §18-2G-2 and §18-2G-3 of said code; to repeal §18-5-15e and §18-5-38 of said code; to repeal §18-7-1, §18-7-2 and §18-7-3 of said code; to repeal §18-9A-6b, §18-9A-14a and §18-9A-19 of said code; to repeal §18-9C-1, §18-9C-2, §18-9C-3, §18-9C-4, §18-9C-5, §18-9C-6, §18-9C-7 and §18-9C-8 of said code; to repeal §18A-3-1c and §18A-3-1d of said code; to repeal §18A-4-10b and §18A-4-14a of said code; to amend and reenact §18-2-5a and §18-2-13 of said code; to amend and reenact §18-2E-7 of said code; to amend and reenact §18-8-1a of said code; and to amend and reenact §18A-2-12 of said code, all relating to repealing or removing certain portions of education-related statutes that are no longer applicable or are expired; repealing the authorization for county boards of education with an excess levy in effect prior to Better Schools Amendment to propose an additional excess levy not exceeding one hundred percent and a period of five years; repealing an expired pilot program for the delivery of leftover foods from schools and penal institutions; repealing expired provisions for review of system of education performance audits; repealing an expired requirement for audit of state board policies; repealing the library media improvement grant program; repealing an expired requirement for study on school equity; repealing an expired provision governing county board meetings; repealing an adult literacy education program financed, in part, by a voluntary state income tax return check-off; repealing the appropriation and allocation, up to $7 million, due to the increase in local share to Teachers Retirement System; repealing the incentive for administrative efficiency in public schools and its associated funding to the county boards of education; repealing a requirement for county boards of education to request funds to which they may be entitled; repealing the Better School Buildings Amendment and associated funding to county boards of education; repealing an expired study on training, certification, licensure and retraining of teachers; repealing a study of alternative certification programs that was required to be submitted to the Legislative Oversight Commission on Education Accountability by December 31, 2013; repealing the requirement to record and distribute exemplary teaching techniques and its associated bonuses to certain teachers; repealing an expired study on daily planning periods; providing that the State Board of Education need only file a single copy of a proposed rule with the Legislative Oversight Commission; removing the requirement that the State Board of Education contract with an independent agency to evaluate the results of character education and biannual reporting; and removing the requirement for semiannual reporting on the effect of the increased compulsory attendance age of students and the progress the state and county boards have made in implementing its associated requirements.

    Referred to the Committee on Education.

    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. 4242--A Bill to authorize the Commissioner of the West Virginia Division of Highways to allow an increase of gross weight limitations on certain roads in Brooke County.

    Referred to the Committee on 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. 4254--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-5-15b, relating to providing that certain state employees may be granted a leave of absence with pay while providing assistance as an essential member of an emergency aid provider during a declared state of emergency.

    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, 2014, and requested the concurrence of the Senate in the passage of

    Eng. Com. Sub. for House Bill No. 4267--A Bill to repeal §11-12-86 of the Code of West Virginia, 1931, as amended; to repeal §29-3-23, §29-3-24, §29-3-25 and §29-3-26 of said code; to amend said code by adding thereto a new section, designated §9A-1-11b; to amend said code by adding thereto a new article, designated §29-3E-1, §29-3E-2, §29-3E-3, §29-3E-4, §29-3E-5, §29-3E-6, §29-3E-7, §29-3E-8, §29-3E-9, §29-3E-10, §29-3E-11, §29-3E-12 and §29-3E-13; and to amend and reenact §61-3E-1 and §61-3E-11 of said code, all relating to legalizing and regulating the sale and use of fireworks; creating the West Virginia Veterans Program Fund to be administered by the Department of Veterans’ Assistance; imposing a twenty percent fee for the sale of fireworks and providing for the allocation of the fee collections between the Veterans Program Fund for veterans programs, the Fire Protection Fund for volunteer fire departments, and the State Fire Commission’s special revenue account for the use of the State Fire Marshal’s office; providing for public fireworks displays; providing for rules; authorizing seizures by the state fire marshal; providing exemptions; and criminal penalties.

    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. 4270--A Bill to amend and reenact §18-2-16 of the Code of West Virginia, 1931, as amended, relating to salaries of service employees of the state camp and conference center known as Cedar Lakes Conference Center; providing that the minimum salary requirements for school service personnel do not apply to service employees who are initially employed to provide services at the camp and conference center on or after July 1, 2014.

    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. House Bill No. 4286--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-5, §19-2H-6, §19-2H-7, §19-2H-8, §19-2H-9, §19-2H-10, §19-2H-11, §19-2H-12, §19-2H-13, §19-2H-14 and §19-2H-15; to amend and reenact §19-29-2 of said code; to amend and reenact §20-1-2 of said code; and to amend and reenact §20-2-11 and §20-2-12 of said code, all relating to regulating captive cervid farming as an agricultural enterprise in this state; creating the Captive Cervid Farming Act; providing definitions; setting forth powers and duties of the Department of Agriculture; authorizing rule-making; setting forth duties and obligation of the Commissioner of the Department of Agriculture; requiring cooperation and coordination of inspections with the division of natural resources through memorandum of understanding; establishing an application process; permitting the issuance, renewal, modification and transfer of a license certificate; requiring the inspection of facilities; permitting the transition of current facilities; providing for noncompliance with article; requiring certain reporting; creating a new special revenue account; and establishing remedies and criminal penalties.

    Referred to the Committee on Agriculture and Rural Development; 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. 4305--A Bill to amend and reenact §8-33-3 of the Code of West Virginia, 1931, as amended, relating to exempting municipalities with populations of more than two thousand one hundred eighty and less than two thousand two hundred eighty from the requirement that no more than two thirds of the total number of members of a building commission board be from the same political party.

    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. 4307--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-6c, relating to school celebrations, recognition programs and events; standards, authorizations and requirements; plan required; parental participation; permissible activities and refreshments; and responsibilities of schools, faculty senates, principals, and Department of Education Office of Child Nutrition.

    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. House Bill No. 4310--A Bill to amend and reenact §61-7-4 of the Code of West Virginia, 1931, as amended, relating to the review and consideration of concealed weapons permit applications; making gun permits and applications confidential except for law enforcement purposes; and adding requirements to the review process to insure that an applicant is not prohibited under the provisions of state or federal law from the receipt or possession of a firearm.

    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. 4316--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-5h, relating to creating the student data accessability, transparency and accountability act; providing definitions; state, district and school responsibilities for data inventory; providing for data governance officer and responsibilities; establishing parental rights to information and providing for policies on security and access; requiring state board rules; and establishing effect on existing data.

    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. 4327--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-4-414, relating to prohibiting health care practitioners from knowingly and in bad faith prescribing or administering drugs, in a manner not in accordance with accepted medical standards in the course of professional practice; providing felony criminal penalties for violations; and creating a defense to alleged violations.

    Referred to the Committee on Health and Human Resources.

    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. 4333--A Bill to amend and reenact §29-22-18d of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto three new sections, designated §29-22A-10d, §29-22A-10e and §29-22A-10f; to amend said code by adding thereto a new section, designated §29-22C-27a; and to amend said code by adding thereto a new section, designated §29-25-22b, all relating to the transfer of certain revenues derived from lottery activities for distribution for the purposes for which the revenues are distributed under current law generally; reducing the distribution to the West Virginia Infrastructure Fund to $20 million for fiscal year 2015; increasing the percentage of funds available for grants from the West Virginia infrastructure fund for fiscal year 2015; transferring certain revenues derived from racetrack video lottery, lottery racetrack table games and lottery historic hotel gaming facility activities to the state excess lottery revenue fund, and distributing revenues from the state excess lottery revenue fund solely for the purposes that those revenues are distributed from racetrack video lottery, lottery racetrack table games and lottery historic hotel gaming facility activities under current law, all for fiscal year 2015 only.

    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. 4335--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-1-19, relating to a child’s right to nurse; and establishing as the public policy of this state that nursing in a public place is socially acceptable.

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

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

    Eng. House Bill No. 4346--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-5-20, relating to the development of a state plan to reduce carbon pollution and greenhouse gas production under section 111 of the Clean Air Act; establishing separate standards of performance for carbon dioxide emissions from existing coal-fired electric generating units; establishing separate standards of performance for natural gas-fired electric generating units; and factors and considerations to be reflected in the developed state plan.

    Referred to the Committee on 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 and requested the concurrence of the Senate in the passage of

    Eng. Com. Sub. for House Bill No. 4354--A Bill to amend and reenact §6B-3-1, §6B-3-2 and §6B-3-4 of the Code of West Virginia, 1931, as amended, all relating to requiring lobbyists to report contingent compensation for all lobbying activities; requiring the filing of agreements that include contingent compensation; and amending the phrase “lobbying activity” and “lobbying firm”.

    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. 4360--A Bill to amend and reenact §46A-2-128 of the Code of West Virginia, 1931, as amended, all relating to consumer credit protection; and including additional conduct that is an unfair or unconscionable means to collect or attempt to collect a debt.

    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. 4375--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-10E-1, §5-10E-2, §5-10E-3, §5-10E-4, §5-10E-5, §5-10E-6, §5-10E-7, §5-10E-8, §5-10E-9, §5-10E-10, §5-10E-11, §5-10E-12 and §5-10E-13; and to amend and reenact §36-8-13 of said code, all relating to establishing the West Virginia Voluntary Employee Retirement Accounts Program; establishing findings; defining terms; providing for liberal construction; requiring compliance with federal and state law; providing for plan administration; authorizing the Treasurer to propose rules; establishing participation; requiring all federal approvals and filings be received and made before operations begin; creating trust; prohibiting assignment, except for qualified domestic relations orders; authorizing investments; specifying that the corpus, assets and earnings of trust do not constitute public funds; deferring compensation from federal, state and municipal income taxes; authorizing collection of fees; creating administration account; transferring up to $3 million from the Unclaimed Property Trust Fund; requiring that $3 million be repaid no later than June 30, 2024; paying program costs; requiring reimbursement to Unclaimed Property Trust Fund; specifying the state and the Treasurer are not liable for losses or changes in value; specifying certain information is confidential; requiring payroll information be provided to the Treasurer; requiring audits; and providing for the transfer of money from the Unclaimed Property Trust Fund for start-up of the program.

    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 and requested the concurrence of the Senate in the passage of

    Eng. Com. Sub. for House Bill No. 4411--A Bill to amend and reenact §22-15-8 and §22-15-11of the Code of West Virginia, 1931, as amended, relating to the disposal of drill cuttings and associated drilling waste generated from well sites at commercial solid waste facilities; allowing for the receipt of additional drilling waste at commercial solid waste facilities above the facility’s existing tonnage limit through December 31, 2016, if certain conditions are met; requiring that all tonnages received at the facility, including drill cuttings and drilling waste, be within the facility’s permitted tonnage limit, on and after January 1, 2017; recognizing the facility’s continuing obligation to receive municipal solid waste while exceeding its permitted tonnage caps; requiring radiation and leachate monitoring at all facilities receiving drill cuttings and drilling waste; establishing minimum requirements for the monitoring program; requiring the investigation and report by the division of environmental protection to the legislature on specified issues associated with the disposal of drill cuttings and drilling wastes at landfills; required scope of study; establishing deadlines, effective dates; establishment of an additional solid waste fee; and requiring the promulgation of emergency and legislative rules.

    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 July 1, 2014, and requested the concurrence of the Senate in the passage of

    Eng. Com. Sub. for House Bill No. 4416--A Bill to amend and reenact §11-15-9 of the Code of West Virginia, 1931, as amended, relating to exempting certified professional estimator services from consumer sales and service tax; and providing definitions.

    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. 4432--A Bill to amend and reenact §33-7-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-13-30 of said code, all relating to adopting Principle Based Reserving as the method by which reserves for life insurance policies, accident and health insurance policies and deposit-type contracts are calculated; removing unnecessary language; and providing a phase-in of the new method upon adoption of Principle Based Reserving by forty-two states representing seventy-five percent of applicable premiums.

    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. 4449--A Bill to amend and reenact §11-13BB-3 and §11-13BB-14 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Innovative Mine Safety Technology Tax Credit Act; including proximity detection systems and cameras used on continuous mining machines and underground haulage equipment for tax credit purposes; and extending termination date for credit.

    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. Com. Sub. for House Bill No. 4480--A Bill to amend and reenact §22-2-4 of the Code of West Virginia, 1931, as amended, relating to the Acid Mine Drainage and Abatement Fund; investment of funds; retention of earnings; and requiring restoration of interest earnings previously defaulted into the state’s general revenue account.

    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. 4496--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, all relating generally to providing for the allocation of matching funds from the West Virginia Research Trust Fund; expanding the eligible recipients of matching funds to include West Virginia State University; and continuing legislative rule and expanding its application.

    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. House Bill No. 4500--A Bill to amend and reenact §29-19-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-18-10 of said code; and to amend and reenact §30-39-6 of said code, all relating requirements for business registration; requiring charities, athlete agents, private investigators and security guards to have a valid business registration to be licensed or registered; and requiring sole proprietors to have a valid business registration certificate to be licensed or registered.

    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. 4501--A Bill to amend and reenact §61-7-11a of the Code of West Virginia, 1931, as amended, relating to persons possessing deadly weapons on school buses or on the premises of educational facilities; authorizing active law-enforcement officers and retired law-enforcement officers acting as security for schools to carry deadly weapons on a school bus, on school property or at school sponsored functions when certain conditions are met.

    Referred to the Committee on Education; 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. 4510--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-2-12a, relating to foster care children; declaration of intent for goals for foster children; directing the Department of Health and Human Resources to propose legislative rules; providing that no new cause of action against the state is created; providing no expenditure of funds is required; and notifying former foster parents of child’s availability for placement.

    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. 4537--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-46-1, §16-46-2, §16-46-3, §16-46-4, §16-46-5, §16-46-6, §16-46-7, §16-46-8, §16-46-9 and §16-46-10, all relating to requiring background checks for individuals who have direct access to residents, members or beneficiaries of covered providers participating in the West Virginia Clearance for Access: Registry and Employment Screening program; providing a short title; defining terms; requiring the Secretary of the Department of Health and Human Resources to develop a plan and a program for conducting background checks; requiring a centralized database to maintain criminal history record information and results; establishing a prescreening process conducted by covered providers; requiring applicants to provide fingerprints and undergo a criminal background check; establishing procedures and criteria for obtaining and reviewing criminal history record information; establishing criteria for approving applicants as covered individuals; authorizing contractors and fees; creating a special revenue account for administrative fees; providing for protests of the secretary’s decisions and permitting variances; creating exceptions; authorizing legislative rules; and providing monetary penalties.

    Referred to the Committee on Health and Human Resources; 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. 4538--A Bill to amend and reenact §30-4-6 and §30-4-19 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-4A-1 of said code, all relating to the Board of Dentistry; providing authority to promulgate legislative rules concerning agreements with organizations to create alcohol or chemical dependency treatments programs and to form dentist recovery networks; authorizing the board to defer disciplinary action with regard to an impaired licensee who voluntarily enters an approved treatment program; and providing for annual renewal of anesthesia permits.

    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. House Bill No. 4549--A Bill to amend and reenact §11-16-3 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11-16-17a; and to amend and reenact §11-16-20 and §11-16-21 of said code, all relating to clarifying the regulation of nonintoxicating beer brewers and distributors, agreements, networks, products, brands and extensions of a line of brands; permitting the commissioner to investigate, review and approve or deny franchise agreements, labels, brands and line extensions; providing hearings; extending certain dates; establishing nonintoxicating beer, resident brewers, distributors, franchise distributor networks and line extensions standards; defining terms; providing sanctions; and authorizing rule-making.

    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. 4552--A Bill to amend and reenact §14-2-1, §14-2-8, §14-2-13, §14-2-13a, §14-2-16, §14-2-25 and §14-2-28 of the Code of West Virginia, 1931, as amended, all relating to the court of claims; clarifying purpose of article; authorizing additional days of judges reimbursement; revising court jurisdiction; revising process for innocent persons who have been wrongly convicted to file a claim; authorizing hiring expert witness by court; abolishing advisory determination procedure; and clarifying actions of Court not subject to judicial review.

    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. 4555--A Bill to amend and reenact §18-7A-17, of the Code of West Virginia, 1931, as amended; to amend and reenact §18-7B-11 of said code; to amend and reenact §18A-2-2 and §18A-2-6a of said code, as amended, all relating to requiring county boards of education to provide released time for professional educators and service personnel when serving in a part-time elected public office; and providing parity with legislators in providing that released time for official duties in serving an elected or appointed part-time public office shall be counted as service credit for retirement purposes.

    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. 4601--A Bill to amend and reenact §8-19-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §8-20-10 of said code; to amend and reenact §16-13-16 of said code; to amend and reenact §16-13A-9 of said code; to amend and reenact §16-13A-18a of said code; to amend and reenact §24-1-1b of said code; to amend and reenact §24-2-4a of said code; and to amend and reenact §24-2-4b, all relating to fiscal management and regulation of publicly-owned utilities; requiring a minimum working capital allowance for these utilities; waiving certain cash distribution requirements in the case of a sale between two political subdivisions; reorganizing and retasking the public service commission to assist publicly owned utilities; establishing a presumption of validity of a municipal rate ordinance or rate enacted by a public service district board; authorizing a rate adjustment based on the increased price of electricity, materials, chemicals and/or fuel and granting associated rulemaking authority to the public service commission; and requiring an annual publicly owned utility rate adjustment based upon an increase of the consumer price index for all urban consumers.

    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. 4608--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-20-10, relating to defining dyslexia and dyscalculia; state board responsibilities; and specifying legislative findings.

    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. House Bill No. 4619--A Bill to amend and reenact §18-5B-3 of the code of West Virginia, 1931, as amended; and to further amend said code by adding thereto a new section, designated §18-5B-13, all relating to school innovation zones Act; requiring priority for limited years for certain entrepreneurship education innovation zones; authorizing innovation school districts; making legislative findings and providing intent and purpose of section; school system eligibility and application categories; providing for application process, review, content and periods; innovation school district plan purpose and content; plan development, approval and submission to state board; state board designation of innovation school districts; affect of designation and process for waiver of statutes, policies, rules and interpretations; limitation on waivers; revision and extension of plans; revocation of designation; affect of plan expiration on innovations; requiring state board rule; and annual review.

    Referred to the Committee on Education.

    The Senate proceeded to the fourth order of business.

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

    Your Committee on Finance has had under consideration

    Senate Bill No. 344, Expiring funds from State Fund, General Revenue, and making supplemental appropriations to various agencies.

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

    Com. Sub. for Senate Bill No. 344 (originating in the Committee on Finance)--A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2014, in the amount of $409,167.60 from the Department of Commerce, Division of Tourism, fund 0246, fiscal year 2005, organization 0304, activity 859, and in the amount of $261,246.01 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 075, and in the amount of $5,999.39 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2000, organization 0307, activity 131, and in the amount of $58,527.20 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2001, organization 0307, activity 131, and in the amount of $154,061.74 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2002, organization 0307, activity 131, and in the amount of $257,617.06 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2003, organization 0307, activity 131, and in the amount of $209,609.04 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 131, and in the amount of $145,560.18 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2005, organization 0307, activity 131, and in the amount of $131,792.70 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2006, organization 0307, activity 131, and in the amount of $198,809.53 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2003, organization 0307, activity 266, and in the amount of $65,804.47 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 266, and in the amount of $26,183.53 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2005, organization 0307, activity 266, and in the amount of $250,000 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2006, organization 0307, activity 266, and in the amount of $11,758.05 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2001, organization 0307, activity 480, and in the amount of $62,039.15 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2002, organization 0307, activity 480, and in the amount of $25,265 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2003, organization 0307, activity 480, and in the amount of $124,338.34 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 480, and in the amount of $123,100 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2005, organization 0307, activity 480, and in the amount of $140,830.80 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2006, organization 0307, activity 480, and in the amount of $47,113.16 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2001, organization 0307, activity 819, and in the amount of $223,665.85 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2002, organization 0307, activity 819, and in the amount of $44,007.60 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2003, organization 0307, activity 819, and in the amount of $123,230.47 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 819, and in the amount of $742,930.92 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2005, organization 0307, activity 819, and in the amount of $539,290.37 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2006, organization 0307, activity 819, and $334,180.67 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2002, organization 0307, activity 900, and in the amount of $650,000 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2011, organization 0307, activity 941, and in the amount of $461.83 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2002, organization 0506, activity 803, and in the amount of $10,489.51 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2003, organization 0506, activity 803, and in the amount of $8,056.23 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2004, organization 0506, activity 803, and in the amount of $13,718.82 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2005, organization 0506, activity 803, and in the amount of $0.70 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2006, organization 0506, activity 803, and in the amount of $24,307.51 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2007, organization 0506, activity 803, and in the amount of $6,600.22 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2008, organization 0506, activity 803, and in the amount of $76,423.45 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2009, organization 0506, activity 803, and in the amount of $211,730.74 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2010, organization 0506, activity 803, and in the amount of $150,334.97 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2011, organization 0506, activity 803, and in the amount of $136,909.29 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2012, organization 0506, activity 803, and in the amount of $1,974.51 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2013, organization 0506, activity 803, and in the amount of $15,640.96 from the Department of Military Affairs and Public Safety, Office of the Secretary, fund 0430, fiscal year 2009, organization 0601, activity 953, and in the amount of $240,051.69 from the Department of Military Affairs and Public Safety, Office of the Secretary, fund 0430, fiscal year 2010, organization 0601, activity 953, and in the amount of $215,075.18 from the Department of Military Affairs and Public Safety, Office of the Secretary, fund 0430, fiscal year 2011, organization 0601, activity 953, and in the amount of $871,905.27 from the Department of Military Affairs and Public Safety, Division of Juvenile Services, fund 0570, fiscal year 2012, organization 0621, activity 818, and in the amount of $870,992.77 from the Department of Military Affairs and Public Safety, Division of Juvenile Services, fund 0570, fiscal year 2013, organization 0621, activity 818, and in the amount of $1,250,000 from the Auditor’s Office, Purchasing Card Administration Fund, fund 1234, fiscal year 2014, organization 1200, and in the amount of $3,000,000 from the Secretary of State, General Administrative Fees Account, fund 1617, fiscal year 2014, organization 1600, and in the amount of $200,000 from the Department of Administration, Office of the Secretary, State Employee Sick Leave Fund, fund 2045, fiscal year 2014, organization 0201, and in the amount of $200,000 from the Department of Administration, Division of General Services, Capitol Complex Parking Garage Fund, fund 2461, fiscal year 2014, organization 0211, and in the amount of $4,737,257 from the Department of Administration, Board of Risk Insurance and Management, Premium Tax Savings Fund, fund 2367, fiscal year 2014, organization 0218, and in the amount of $500,000 from the Department of Administration, Surplus Property, Sale of State Surplus Property Fund, fund 2281, fiscal year 2014, organization 0214, and in the amount of $500,000 from the Department of Administration, Division of Purchasing, Purchasing Improvement Fund, fund 2264, fiscal year 2014, organization 0213, and in the amount of $2,000,000 from the Department of Administration, Division of Personnel, Division of Personnel Fund, fund 2440, fiscal year 2014, organization 0222, and in the amount of $45,607.91 from the Department of Military Affairs and Public Safety, Office of the Secretary, Secretary of Military Affairs and Public Safety Lottery Fund, fund 6005, fiscal year 2014, organization 0601, and in the amount of $200,000 from the Department of Revenue, Division of Financial Institutions, Assessment and Examination Fund, fund 3041, fiscal year 2014, organization 0303, and in the amount of $724,487.42 from the Department of Revenue, Lottery Commission, Revenue Center Construction Fund, fund 7209, fiscal year 2014, organization 0705, and in the amount of $7,500,000 from the Department of Revenue, Lottery Commission, Operating and Expense Fund, fund 7200, fiscal year 2014, organization 0705, and in the amount of $2,008,911.50 from the Department of Revenue, Racing Commission, Administration, Promotion, Education, Capital Improvement and Greyhound Adoption Programs to include Spaying and Neutering Account, fund 7307, fiscal year 2014, organization 0707, and making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Administration, Public Defender Services, fund 0226, fiscal year 2014, organization 0221, to the Department of Health and Human Resources, Division of Health, Central Office, fund 0407, fiscal year 2014, organization 0506, to the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2014, organization 0506, to the Department of Health and Human Resources, Division of Human Services, fund 0403, fiscal year 2014, organization 0511, to the Department of Military Affairs and Public Safety, West Virginia Parole Board, fund 0440, fiscal year 2014, organization 0605, to the Department of Military Affairs and Public Safety, Division of Corrections - Correctional Units, fund 0450, fiscal year 2014, organization 0608, and to the Higher Education Policy Commission, Administration - Control Account, fund 0589, fiscal year 2014, organization 0441, by supplementing and amending the appropriations for the fiscal year ending June 30, 2014.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 344) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.

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

    Your Committee on Finance has had under consideration

    Senate Bill No. 345, Expiring funds from State Fund, General Revenue, and making supplementary appropriations to MAPS.

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

    Com. Sub. for Senate Bill No. 345 (originating in the Committee on Finance)--A Bill expiring funds to the unappropriated balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2014, in the amount of $10,000,000 from the Joint Expenses, fund 0175, fiscal year 2006, organization 2300, activity 642, in the amount of $10,000,000 from the Joint Expenses, fund 0175, fiscal year 2007, organization 2300, activity 642, in the amount of $9,293,000 from the Joint Expenses, fund 0175, fiscal year 2008, activity 642, in the amount of $20,000,000 from Joint Expenses, Joint Expense Lottery Fund, fund 1736, fiscal year 2014, organization 2300, in the amount of $5,707,000 from Joint Expenses, Tax Reduction and Federal Funding Increased Compliance, fund 1732, fiscal year 2014, organization 2300, in the amount of $5,000,000 from the Attorney General, Consumer Protection Fund, fund 1509, fiscal year 2014, organization 1500, and in the amount of $10,000,000 from the Department of Revenue, Insurance Commissioner, Insurance Commission Fund, fund 7152, fiscal year 2014, organization 0704, and making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated balance in the State Fund, General Revenue, to the Department of Military Affairs and Public Safety, Division of Corrections - Correctional Units, and to the Department of Military Affairs and Public Safety, Division of Juvenile Services, by supplementing and amending the appropriations for the fiscal year ending June 30, 2014.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 345) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.

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

    Your Committee on Labor has had under consideration

    Eng. Com. Sub. for House Bill No. 2966, Relating to employment and privacy protection.

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

                             Respectfully submitted,

                               Jack Yost,

                                 Chair.

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

    The bill, under the original triple 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. 4003, Granting dual jurisdiction to counties where a student who lives in one county and attends school in another in order to enforce truancy policies.

    Eng. House Bill No. 4421, Allowing the lottery to pay prizes utilizing other payment methods in addition to checks.

    And,

    Eng. House Bill No. 4445, Modifying the definition of "battery" and "domestic battery".

    And reports the same back with the recommendation that they each 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. 4147, Relating to emergency preparedness.

    And has amended same.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with amendments from the Committee on Government Organization pending.

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

    Your Committee on Government Organization has had under consideration

    Eng. Com. Sub. for House Bill No. 4151, Relating to military members and their spouses who obtain licensure through professional boards.

    And has amended same.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

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

    Your Committee on Finance has had under consideration

    Eng. House Bill No. 4178, Making a supplementary appropriation to the Department of Commerce, WorkForce West Virginia.

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

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

    Your Committee on Government Organization has had under consideration

    Eng. House Bill No. 4259, Extending the time for the city council of the city of Sistersville, Tyler County, to meet as a levying body.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

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

    Your Committee on Government Organization has had under consideration

    Eng. Com. Sub. for House Bill No. 4278, Rewriting the procedure by which corporations may obtain authorization from the West Virginia Board of Medicine to practice medicine and surgery.

    And has amended same.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with amendments from the Committee on Government Organization pending.

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

    Your Committee on Labor has had under consideration

    Eng. Com. Sub. for House Bill No. 4284, Pregnant Workers' Fairness Act.

    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,

                               Jack Yost,

                                 Chair.

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

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

    Your Committee on Interstate Cooperation has had under consideration

    Eng. House Bill No. 4301, Allowing limited reciprocal use of hunting and fishing licenses with the Commonwealth of Kentucky.

    And has amended same.

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

                             Respectfully submitted,

                               Art Kirkendoll,

                                 Chair.

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

    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. 4309, Permitting a person to keep a firearm in his or her motor vehicle upon the grounds of the State Capitol Complex.

    And has amended same.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with amendments from the Committee on Government Organization pending.

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

    Your Committee on Military has had under consideration

    Eng. Com. Sub. for House Bill No. 4318, Continuing education of veterans mental health.

    And reports the same back without recommendation as to passage; but under the original double committee reference first be referred to the Committee on Government Organization.

                             Respectfully submitted,

                               Erik P. Wells,

                                 Chair.

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

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

    Your Committee on Education has had under consideration

    Eng. Com. Sub. for House Bill No. 4384, Requiring teachers of students with exceptional needs to either be present at an individualized education program meeting or to read and sign a copy of the individualized education program plan.

    And has amended same.

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

                             Respectfully submitted,

                               Robert H. Plymale,

                                 Chair.

    At the request of Senator Plymale, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4384) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time and ordered to second reading.

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

    Your Committee on the Judiciary has had under consideration

    Eng. Com. Sub. for House Bill No. 4402, Providing a procedure for the conditional discharge for first offense underage purchase, consumption, sale, service or possession of alcoholic liquor.

    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. 4412, Relating to special one-day licenses for charitable events to sell nonintoxicating beer or wine.

    And has amended same.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

    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. 4437, Relating to the Division of Juvenile Services.

    And has amended same.

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

                             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. House Bill No. 4454, Relating to the sale of alcoholic beverages on Sundays by private licensees.

    And has amended same.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with amendments from the Committee on Government Organization pending.

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

    Your Committee on Transportation and Infrastructure has had under consideration

    Com. Sub. for House Concurrent Resolution No. 2, The "USMC CPL Larry G. Carnutte Memorial Bridge".

    And,

    House Concurrent Resolution No. 7, The "Kerry Albright Road".

    And reports the same back with the recommendation that they each be adopted.

                             Respectfully submitted,

                               Robert D. Beach,

                                 Chair.

    At the request of Senator Beach, unanimous consent being granted, the resolutions (Com. Sub. for H. C. R. No. 2 and H. C. R. No. 7) contained in the preceding report from the Committee on Transportation and Infrastructure were taken up for immediate consideration.

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

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

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

    Your Committee on Transportation and Infrastructure has had under consideration

    Com. Sub. for House Concurrent Resolution No. 4, The "Army Corporal Eldred Jennings Hensley Memorial Bridge".

    And has amended same.

    And,

    Com. Sub. for House Concurrent Resolution No. 32, Joe "Toby" Slade Memorial Bridge.

    And has amended same.

    And reports the same back with the recommendation that they each be adopted, as amended.

                             Respectfully submitted,

                               Robert D. Beach,

                                 Chair.

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

    Your Committee on Transportation and Infrastructure has had under consideration

    Com. Sub. for House Concurrent Resolution No. 5, The "Sergeant Elzie Mundy, Jr. Bridge".

    And has amended same.

    Com. Sub. for House Concurrent Resolution No. 6, The "Marine LCpl Benny A. Gilco Bridge".

    And has amended same.

    And,

    Com. Sub. for House Concurrent Resolution No. 8, The "Oral Gene Castle Bridge".

    And has amended same.

    And reports the same back with the recommendation that they each be adopted, as amended.

                             Respectfully submitted,

                               Robert D. Beach,

                                 Chair.

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

    Your Committee on Education has had under consideration

    House Concurrent Resolution No. 92, Requesting that the West Virginia School Building Authority waive local matching requirements and fund all needed improvements for the West Virginia School for the Deaf and the Blind.

    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 Finance.

                             Respectfully submitted,

                               Robert H. Plymale,

                                 Chair.

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

    The Senate proceeded to the fifth order of business.

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

    Your Select Committee on Children and Poverty has had under consideration

    Eng. Com. Sub. for House Bill No. 4139, Restricting parental rights of child custody and visitation when the child was conceived as a result of a sexual assault or sexual abuse.

    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,

                               John R. Unger II,

                                 Chair.

    The bill, 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 Stollings, Snyder and D. Hall offered the following resolution:

    Senate Concurrent Resolution No. 66--Requesting the Joint Committee on Government and Finance to study the feasibility of expansion of all forms of pari-mutuel wagering, including advanced deposit wagering, in the state.

    Whereas, Thoroughbred racing and the related infrastructure of small businesses including horse breeders, horse trainers, veterinarians, farmers and related agriculture are vital to the economy of West Virginia. The continuing vitality of thoroughbred racing is essential to racinos located within West Virginia and to the revenues received by West Virginia from lawful gaming, which revenues provide substantial support to, among other things, schools and education, West Virginia's seniors and tourism and state parks; and

    Whereas, Pari-mutuel wagering provides a significant source of revenue to West Virginia, which revenues are vital to supporting the substantial public policies of West Virginia. The various forms of pari-mutuel wagering, and the pari-mutuel systems through pari-mutuel wagering is accomplished, are rapidly evolving and other states are realizing significant revenues from forms of pari-mutuel wagering not currently utilized in West Virginia such as advanced deposit wagering; 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 expansion of all forms of pari-mutuel wagering, including advanced deposit wagering, in the state; and, be it

    Further Resolved, That the interim study shall include participation by members of the West Virginia Racing Commission, West Virginia Racing Associations, West Virginia Horsemen's Benevolent Protective Associations, West Virginia Thoroughbred Breeders Association, West Virginia Greyhound Owners and Breeders Association and West Virginia University Bureau of Business and Economic Research; and, be it

    Further Resolved, That the study required by this resolution shall begin on July 1, 2014, and the researchers shall submit study progress reports, with preliminary findings as these occur, to the Cabinet Secretary of the Department of Revenue on a quarterly basis. The secretary shall submit reports to the Joint Committee on Government and Finance beginning on December 1, 2014, and every six months thereafter, until the study is completed and a final report submitted; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2015, 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.

    Which, under the rules, lies over one day.

    Senators McCabe, Barnes, Beach, Blair, Cann, Carmichael, Cole, Cookman, Edgell, Facemire, Fitzsimmons, M. Hall, Laird, Palumbo, Plymale, Prezioso, Stollings, Tucker, Walters, Wells, Williams, Yost and D. Hall offered the following resolution:

    Senate Concurrent Resolution No. 67--Requesting the Joint Committee on Government and Finance perform an interim study to look at a variety of issues involved in the probate process.

    Whereas, West Virginia's county clerks want to improve, streamline, update and simplify the current probate process for the benefit of citizens who are administering estates; and

    Whereas, County clerks recognize that probate laws and procedures need to be reexamined in light of new technologies and recent changes in estate laws, both state and federal; and

    Whereas, County clerks particularly want to ease the process for those who leave behind little or no estate and simplify the process when the deceased is a joint owner of assets and had no assets solely in his or her name; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Joint Committee on Government and Finance perform an interim study to look at a variety of issues involved in the probate process; and, be it

    Further Resolved, That the study include, but not be limited to: (1) Bonding amounts for estates and uniformity around the state; (2) clarification of legal residency requirements, recognizing that many of our citizens pass away in nursing homes or other care facilities located outside their home counties; (3) reduction of the number of estates referred to a fiduciary commissioner by raising the estate value to $200,000, or another value; (4) revisions to what is to be included in the estate value; (5) review, revision and study of the effectiveness of the required publications; (6) review of the necessity and complexity of certain forms, such as the nonprobate appraisement filing; (7) study of the deadlines in order to expedite the process; (8) study of general and specific methods of simplifying the overall process; (9) study of the feasibility of incorporating the latest in technology, such as posting notices on web sites; and (10) eliminating practices and procedures that are no longer necessary; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2015, 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 any necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

    Which, under the rules, lies over one day.

    Senators Unger, Palumbo, Plymale, Snyder, Stollings, McCabe, Wells, Jenkins, D. Hall and Laird offered the following resolution:

    Senate Concurrent Resolution No. 68--Requesting the Joint Committee on Government and Finance to study housing quality and affordability within the state to better meet the needs of all West Virginians regardless of background.

    Whereas, Housing is essential to a community’s economic success, growth and well-being; and

    Whereas, All West Virginians should have access to safe and affordable housing; and

    Whereas, Thirty percent of all children under the age of five in West Virginia are in families with incomes below the poverty level who struggle to find safe and affordable housing; and

    Whereas, Approximately one hundred fifty-nine thousand West Virginia households, both as renters and homeowners, lack adequate, affordable housing; and

    Whereas, It is expected that by 2030 the state’s senior population will increase by an additional one hundred seventy thousand individuals, thus putting new demands on housing that would permit seniors to remain in their homes; and

    Whereas, One third of both owner-occupied homes and rental units were built before 1960, thus increasing the need for new and rehabilitated housing; and

    Whereas, More than five percent of West Virginia homes currently lack complete plumbing, more than double the national average; and

    Whereas, There is an urgent need for a comprehensive housing policy that includes effective partnerships and coordination to achieve the greatest impact from available resources; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study housing quality and affordability within the state to better meet the needs of all West Virginians regardless of background; and, be it

    Further Resolved, That the West Virginia Housing Policy Group is to provide leadership and organization to this important study; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2015, 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.

    Which, under the rules, lies over one day.

    Senators Stollings, Plymale, Unger, Wells, Jenkins, D. Hall and Laird offered the following resolution:

    Senate Concurrent Resolution No. 69--Requesting the Joint Committee on Government and Finance instruct the Joint Committee on Health to conduct a study of staffing levels of nurses in health care facilities.

    Whereas, Inadequate staffing of nurses can cause a dangerous environment to both patients and workers, leading to increased litigation, increased risk of musculo-skeletal disorders and other health risks, issues with retention and overtime, inability to provide adequate care to patients and employee frustration and burnout; and

    Whereas, Facilities can adequately staff nurses in such a manner that more staff is available and present to provide skilled care through “stacking shifts”, or overlapping shifts, to keep employee numbers at a minimum but increase manpower at the beginning and ending of each shift; and

    Whereas, Utilizing existing staff in a more efficient manner can be cost effective and beneficial to patient care improvement, staff retention and morale and provide greater continuity of care; and

    Whereas, There is a correlation between inadequate nursing staff and poor patient outcomes. High nurse-to-patient ratios are associated with an increase in medical errors, patient infections, bedsores, pneumonia, MRSA, cardiac arrest and accidental death; and

    Whereas, The Centers for Medicare and Medicaid Services found that facilities with staffing levels in the bottom thirty percent were more likely to be among the worst ten percent of facilities for heart failure, electrolyte imbalances, sepsis, respiratory infection and urinary tract infections; and

    Whereas, Researchers at the Center for Health Outcomes and Policy Research at the University of Pennsylvania’s School of Nursing concluded that lowering the patient-to-nurse ratios “markedly” improves patient outcomes; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to instruct the Joint Committee on Health to conduct a study of staffing levels of nurses in health care facilities; and, be it

    Further Resolved, That the Joint Committee on Health is to consider the impact of high turnover rates and high levels of temporary nursing staff on the overall operating cost of a facility as well as look at the effect that nurse staffing issues have on patient outcomes; and, be it

    Further Resolved, That the Joint Committee on Health is to look for solutions that rely on shift scheduling to maximize existing staff without creating undue financial hardships on facilities who may need to hire additional nursing staff; and, be it

    Further Resolved, That the Joint Committee on Health report to the regular session of the Legislature, 2015, 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.

    Which, under the rules, lies over one day.

    Senators Stollings, Unger, Wells, D. Hall and Laird offered the following resolution:

    Senate Concurrent Resolution No. 70--Requesting the Joint Committee on Government and Finance to authorize a study by the Joint Committee on Health of the benefits of licensing certified professional midwives in the State of West Virginia.

    Whereas, The certified professional midwife credential is accredited by the National Commission for Certifying Agencies (NCCA), an accrediting body that accredits many health care credentials, including the certified nurse-midwife, and is currently recognized in twenty-eight states; and

    Whereas, Home births in the United States increased twenty-nine percent from 2004-2009 (CDC) and quality studies have found that birth can safely take place with certified professional midwives at home and in birthing centers; and

    Whereas, Births attended by certified professional midwives need fewer interventions and thus result in great cost savings to the state. Certified professional midwives can work in conjunction with obstetricians in births that are difficult or present extraordinary birthing circumstances that require measures often necessary to save the life of either the mother or the child; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to authorize a study by the Joint Committee on Health of the benefits of licensing certified professional midwives in the State of West Virginia; and, be it

    Further Resolved, That the Joint Committee on Health report to the regular session of the Legislature, 2015, 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.

    Which, under the rules, lies over one day.

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

    Senate Resolution No. 39--Recognizing fifty years of Community Action Agencies in West Virginia.

    Whereas, In 1964, President Lyndon Johnson signed the Economic Opportunity Act, which created Community Action Agencies and other programs to fight poverty; and

    Whereas, Community Action Agencies have been serving low-income families throughout West Virginia’s fifty-five counties for the last fifty years, striving to identify the causes of poverty and assisting the impoverished in achieving self-sufficiency; and

    Whereas, West Virginia’s sixteen Community Action Agencies provide a wide range of services to meet the needs of low-income West Virginians, including Head Start, home weatherization, utility assistance, job training and placement, nutrition for children and the elderly, education assistance, family mentoring and many others; and

    Whereas, The employees of Community Action Agencies fight to improve the lives of West Virginians by empowering individuals, strengthening families and building communities; therefore, be it

    Resolved by the Senate:

    That the Senate hereby recognizes fifty years of Community Action Agencies in West Virginia; and, be it

    Further Resolved, That the Senate invites all members of the West Virginia Legislature and all citizens of West Virginia to join in recognizing the value and importance of Community Action Agencies in West Virginia; and, be it

    Further Resolved, That the Clerk is hereby requested to forward a copy of this resolution to the West Virginia Community Action Partnership.

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

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

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

    Senators Stollings, Kirkendoll, Plymale, Unger, D. Hall, Jenkins and Kessler (Mr. President) offered the following resolution:

    Senate Resolution No. 40--Recognizing the Lincoln Public Service District for its action in providing clean, safe, usable water to the citizens of its district.

    Whereas, The Lincoln Public Service District serves approximately two thousand one hundred customers, primarily in the eastern section of Lincoln County with some additional customers in the Alum Creek portion of Kanawha County; and

    Whereas, Of the two thousand one hundred customers the Lincoln Public Service District serves, about seven hundred customers are provided with water from West Virginia American Water; and

    Whereas, On January 9, 2014, West Virginia American Water announced to their customers an order to “do not use” their water due to a chemical spill that had contaminated the water supply; and

    Whereas, Upon issuance of this order, the Lincoln Public Service District announced that any individual or group could come to their Coal River, Alum Creek, plant with containers and fill those containers with clean, safe, usable water; and

    Whereas, At the same time they were providing clean, safe, usable water to the citizens who were affected by the water contamination, citizens both inside and outside of their district, the staff and management of the Lincoln Public Service District began devising a plan that could switch the flow of water to the seven hundred customers from West Virginia American Water to the Coal River, Alum Creek, plant; and

    Whereas, Over the course of the next two days, the staff and management of the Lincoln Public Service District worked in conjunction with both the Lincoln and Kanawha County commissions as well as emergency service providers in both counties to develop a plan for the switch; and

    Whereas, On January 12, 2014, just three days after West Virginia American Water issued the “do not use” order, with the Lincoln Public Service District leading the charge, the plan was executed, and clean, safe, usable water was provided to the seven hundred customers living in the contaminated area; and

    Whereas, Because of the swift action of the staff and management of the Lincoln Public Service District, those seven hundred citizens of West Virginia continue to have clean, safe, usable water to this day; and

    Whereas, The staff and management of the Lincoln Public Service District are a shining example to the people of West Virginia and the United States of America of what can be accomplished with hard work, a strong will and a commitment to the safety and welfare of West Virginia’s citizens; and

    Whereas, The staff and management of the Lincoln Public Service District embody the true soul and spirit of what it means to be a West Virginian; therefore, be it

    Resolved by the Senate:

    That the Senate hereby recognizes the Lincoln Public Service District for its action in providing clean, safe, usable water to the citizens of its district; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the staff and management of the Lincoln Public Service District.

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

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

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

    Senators Unger, Palumbo, Plymale, Snyder, Stollings, Yost, Beach, Kessler (Mr. President), McCabe, Wells, Fitzsimmons, Jenkins, D. Hall and Laird offered the following resolution:

    Senate Resolution No. 41--Designating February 27 as West Virginia Housing Day.

    Whereas, An important goal of our government is to eliminate housing discrimination and assure the rights of every citizen to buy, rent and sell housing without regard to race, color, sex, religion, familial status, national origin or handicap, as guaranteed both by Title VIII of the Civil Rights Act of 1968, as amended, and the laws of the State of West Virginia as enacted by the West Virginia Fair Housing Act of 1992; and

    Whereas, The policy of the State of West Virginia is to provide, within constitutional limits, for fair housing throughout the state and to prosecute acts of racial intimidation, harassment or violence while affirming the civil rights of every person seeking a home or residence in this state; and

    Whereas, As a result of our fair housing policy and law, West Virginia has one of the highest ownership rates in the United States with, however, a large number of the homes being substandard. It is anticipated that future economic growth in West Virginia may result in the state becoming a senior housing center in the country without coordinated planning. The importance of affordable housing in West Virginia that meets acceptable industry standards cannot be overstated and this need should be recognized; therefore, be it

    Resolved by the Senate:

    That the Senate hereby designates February 27 as West Virginia Housing Day; and, be it

    Further Resolved, That the Senate reaffirms this state’s commitment to open housing and equal housing opportunity for affordable housing in West Virginia that meets acceptable industry standards for all citizens of West Virginia and hereby indicates its commitment by designating February 27 as West Virginia Housing Day; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia Housing Policy Group.

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

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

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

Petitions

    Senators Miller and Plymale respectively presented petitions from Monroe and Wayne counties’ schools, requesting the Legislature to develop a multi-year plan to make education employees’ salaries competitive with surrounding states.

    Referred to the Committee on Education.

    At the request of Senator Unger, and by unanimous consent, the Senate returned to the fourth order of business.

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

    Your Committee on Government Organization has had under consideration

    Senate Concurrent Resolution No. 71 (originating in the Committee on Government Organization)--Requesting the Joint Committee on Government and Finance conduct a study on the effectiveness and benefits of creating another commission within the State Fire Marshal’s office in regards to matters concerning the State Building Code.

    Whereas, The State Fire Commission is composed of thirteen members, and adding more members may create logistical difficulties; and

    Whereas, Recent changes to the duties of the State Fire Commission have added the enforcement and monitoring of the State Building Code; and

    Whereas, Creating a separate commission in regards to the State Building Code, comprised of qualified and knowledgeable individuals, may allow the State Fire Marshal’s office to be more effective in these matters; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study the effectiveness and benefits of creating another commission within the State Fire Marshal’s office in regards to matters concerning the State Building Code; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2015, 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. 71) 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.

    The Senate proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 58, Requesting DOH name portion of Rt. 8 in Mingo County "Valentine 'Wall' Hatfield Road".

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

    Senate Concurrent Resolution No. 59, Requesting DOH name bridge on I-79 in Harrison County "U. S. Army PFC Nick A. Cavallaro Memorial Bridge" and "Staff Sergeant Benjamin T. Portaro Memorial Bridge".

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

    Senate Concurrent Resolution No. 60, Requesting DOH name section of Rt. 1 in Marion County "USAF Sergeant Jerome E. Kiger Memorial Road".

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

    The Senate proceeded to the eighth order of business.

    Eng. Com. Sub. for House Bill No. 2165, Relating to death certificates of military veterans.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2165) passed.

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

    Eng. Com. Sub. for House Bill No. 2165--A Bill to amend and reenact §16-5-29 of the Code of West Virginia, 1931, as amended; and to amend and reenact §59-1-10 of said code, all relating to death certificates of military veterans; providing for the issuance, without charge in certain instances, of up to two certified copies of a veteran’s death certificate by the clerk of the county commission if requested within thirty days of the death of the veteran; providing no fee may be charged if the death certificate is needed to obtain state or federal benefits; specifying effective date; and defining “veteran”.

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

    On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2165) takes effect July 1, 2014.

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

    Eng. House Bill No. 4504, Providing for sharing juvenile records in certain circumstances with another state.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4504) passed.

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

    Eng. House Bill No. 4504--A Bill to amend and reenact §49-7-1 of the Code of West Virginia, 1931, as amended, relating to allowing the Division of Juvenile Services to share juvenile records under certain circumstances with another state if that state has a reciprocal agreement with this state; specifying the circumstances when information may be shared; authorizing the Division of Juvenile Services to enter into agreements with other states; and authorizing rule-making authority.

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

    The Senate proceeded to the twelfth order of business.

    Remarks were made by Senator Kirkendoll.

    At the request of Senator Kirkendoll, unanimous consent being granted, the Senate stood in observance of a moment of silence in recognition of the passing of Susan Hill, former Senate secretary to the Honorable Samuel J. Cann, a senator from the twelfth district.

    Thereafter, at the request of Senator Walters, and by unanimous consent, the remarks by Senator Kirkendoll were ordered printed in the Appendix to the Journal.

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Friday, February 28, 2014, at 11 a.m.

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