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Senate Journal


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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2013

FIFTY-FIFTH DAY

____________

Charleston, W. Va., Monday, April 8, 2013

    The Senate met at 11 a.m.

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

    Prayer was offered by the Reverend Philip Bowles, Elder, Oceana Church of God, Oceana, West Virginia.

    Pending the reading of the Journal of Friday, April 5, 2013,

    On motion of Senator Snyder, 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 amendment by that body to the title of the bill, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to

    Eng. Senate Bill No. 383, Authorizing family court judges appoint counsel in certain contempt cases.

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

    The following House of Delegates amendment to the title of the bill was reported by the Clerk:

    Eng. Senate Bill No. 383--A Bill to amend and reenact §29-21-9 and §29-21-20 of the Code of West Virginia, 1931, as amended, all relating to Public Defender Services; authorizing family court judges to appoint counsel in contempt cases when jail commitment is possible; and providing immunity to attorney appointed by family court judges.

    On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the title of the bill.

    Engrossed Senate Bill No. 383, as amended by the House of Delegates, was then put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, 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)--33.

    The nays were: None.

    Absent: Blair--1.

    So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 383) passed with its House of Delegates amended title.

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

    A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendments, as to

    Eng. Senate Bill No. 412, Relating to removal of elected county conservation district supervisors from office.

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

    The following House of Delegates amendments to the bill were reported by the Clerk:

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

    That §19-21A-6 and §19-21A-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:

ARTICLE 21A. CONSERVATION DISTRICTS.

§19-21A-6. Election of supervisors for each district; filling vacancies.

    (a) Each county in a district shall elect two nonpartisan supervisors: Provided, That any county with a population of one hundred thousand based on the most recent decennial census shall elect one additional supervisor and any county with a population over one hundred thousand based on the most recent decennial census shall elect one additional supervisor for each fifty thousand residents over one hundred thousand.

    (b) A candidate for supervisor must be a landowner and an active farmer with a minimum of five years' experience or a retired farmer who has had a minimum of five years' experience and must have the education, training and experience necessary to carry out the duties required by this article. The State Conservation Committee shall propose for promulgation in accordance with the requirements of article three-a, chapter twenty-nine of this code legislative rules to establish criteria for the necessary education, training and experience.

    (c) All registered voters in the district are eligible to vote in the election for candidates from the county within the boundaries of the district in which the voter resides. The candidates in each county who receive the largest number of votes cast in the election shall be elected supervisors for that county.

    (d) Supervisors shall be elected in the general election to be conducted in the year 2008 as nonpartisan candidates. After that, Supervisors shall be elected in the primary election. The term of office for the candidate for supervisor receiving the highest number of votes in the general election of 2008 is four years; the candidate for supervisor receiving the second highest number of votes in the general election of 2008 is two years. In counties where more than two supervisors are elected in the general election of 2008, the two supervisors receiving the highest number of votes serve for four years and the remaining supervisor or supervisors serve for two years. Terms of office for supervisors elected after that are four years. Supervisors shall be elected in the primary election and serve a term of four years. The provisions of chapter three of this code apply to election of supervisors.

    (e) Persons holding the position of supervisor, regardless of the expiration of the designated term of office, continue to serve until the election and qualification of his or her successor.

    (f) Any vacancy occurring in the office of supervisor shall be filled by the committee by appointment of a person from the county in which the vacancy occurs. Within fifteen days after the vacancy occurs, the district shall submit a list of names of persons qualified to be a supervisor. If the unexpired term is for less than two years and two six months, the appointed person holds office until the expiration of the term. If the unexpired term is for more than two years and two six months, the appointed person holds the office until a successor is elected in the next primary or general election and qualified.

§19-21A-7. Supervisors to constitute governing body of district; qualifications and terms of supervisors; powers and duties; removal.

    (a) The governing body of the district consists of the supervisors, appointed or elected, as provided in this article. The supervisors shall be persons who are by training and experience qualified to perform the specialized skilled services which are required of them in the performance of their duties under this section and shall be legal residents and landowners in the district.

    (b) The supervisors shall designate a chairperson and may, from time to time, change the designation. On and after the election of supervisors in 2008, the term of office of each elected supervisor is four years. A supervisor holds office until his or her successor has been elected or appointed. In case a new county is added to a district, the committee may appoint two supervisors to represent the county until the next regular election of supervisors for the district takes place.

    (c) A supervisor is entitled to reasonable and necessary expenses and a per diem of not more than $150 nor less than $30 when engaged in the performance of his or her duties. The expense and per diem rate shall be established by the state committee based on availability of funds.

    (d) The supervisors may, with the approval of the State Conservation Committee, employ a secretary, dam monitors, technical experts and any other officers, agents and employees, permanent and temporary, either with or without compensation, as they may require and shall determine their qualifications, duties and compensation, if any. Dam monitors, as specified in any emergency action plan or monitoring plan approved by the Department of Environmental Protection pursuant to its dam safety rules, pertaining to a flood control structure operated or maintained by a soil conservation district and any other employees, agents or officers employed pursuant to this section are “employees” of the district within the meaning of subsection (a), section three, article twelve-a, chapter twenty-nine of this code.

    (e) The supervisors may delegate to their chairperson, to one or more supervisors or to one or more agents, or employees, those administrative powers and duties they consider proper. The supervisors shall furnish to the State Conservation Committee, upon request, copies of the ordinances, rules, orders, contracts, forms and other documents they adopt or employ and any other information concerning their activities required in the performance of State Conservation Committee’s duties under this article.

    (f) The supervisors shall:

    (1) Require the execution of surety bonds for all employees and officers who are entrusted with funds or property;

    (2) Provide for the keeping of a full and accurate record of all proceedings and of all resolutions, rules and orders issued or adopted; and

    (3) Provide for an annual audit of the accounts of receipts and disbursements.

    (g) Any supervisor may be removed by the state Conservation Committee upon notice and hearing for neglect of duty or malfeasance in office, but for no other reason from office pursuant to section seven, article six, chapter six of this code.

    (h) The supervisors may invite the legislative body of any municipality or county located near the territory comprised within the district to designate a representative to advise and consult with the supervisors of a district on all questions of program and policy which may affect the property, water supply or other interests of the municipality or county.;

    And,

    Eng. Senate Bill No. 412--A Bill to amend and reenact §19-21A-6 and §19-21A-7 of the Code of West Virginia, 1931, as amended, all relating to county conservation district supervisors; extending unexpired terms when filling vacancies; and providing for the removal of elected county conservation district supervisors from office.

    On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.

    Engrossed Senate Bill No. 412, as amended by the House of Delegates, was then put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, 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)--33.

    The nays were: None.

    Absent: Blair--1.

    So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 412) passed with its House of Delegates amended title.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, 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)--33.

    The nays were: None.

    Absent: Blair--1.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 412) takes effect from passage.

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

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

    Eng. Com. Sub. for Senate Bill No. 421, Exempting certain school mascot from prohibition of firearms possession on school grounds.

    A message from The Clerk of the House of Delegates announced the amendment by that body to the title of the bill, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to

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

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

    The following House of Delegates amendment to the title of the bill was reported by the Clerk:

    Eng. Com. Sub. for Senate Bill No. 430--A Bill to amend and reenact §18-7B-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18-7B-21, all relating to the Teachers’ Defined Contribution Retirement System; adding a definition of employment term; and providing for correction of errors by participating public employers and the Consolidated Public Retirement Board.

    On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the title of the bill.

    Engrossed Committee Substitute for Senate Bill No. 430, as amended by the House of Delegates, was then put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, 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)--33.

    The nays were: None.

    Absent: Blair--1.

    So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 430) passed with its House of Delegates amended title.

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

    A message from The Clerk of the House of Delegates announced the amendment by that body to the title of the bill, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to

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

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

    The following House of Delegates amendment to the title of the bill was reported by the Clerk:

    Eng. Com. Sub. for Senate Bill No. 431--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10D-11, relating to the liability of a participating public employer and its successor to pay delinquent retirement contributions, delinquency fees and related costs; and providing for enforcement and collection of the costs by the Consolidated Public Retirement Board.

    On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the title of the bill.

    Engrossed Committee Substitute for Senate Bill No. 431, as amended by the House of Delegates, was then put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, 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)--33.

    The nays were: None.

    Absent: Blair--1.

    So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 431) passed with its House of Delegates amended title.

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

    A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, to take effect July 1, 2013, and requested the concurrence of the Senate in the House of Delegates amendments, as to

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

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

    The following House of Delegates amendments to the bill were reported by the Clerk:

    By striking out everything after the enacting section and inserting in lieu thereof the provisions of Engrossed Committee Substitute for House Bill No. 2722;

    And,

    Eng. Senate Bill No. 463--A Bill to amend and reenact §24-5-3 of the Code of West Virginia, 1931, as amended, relating to the special license fees paid by pipeline companies to the Public Service Commission; increasing the aggregate amount of fees collected; and specifying for what purpose the fees may be used.

    On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.

    Engrossed Senate Bill No. 463, as amended by the House of Delegates, was then put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, 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)--33.

    The nays were: None.

    Absent: Blair--1.

    So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 463) passed with its House of Delegates amended title.

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

    On this question, the yeas were: Barnes, Beach, 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)--33.

    The nays were: None.

    Absent: Blair--1.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 463) takes effect July 1, 2013.

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

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

    Eng. Senate Bill No. 496, Finding and declaring certain claims against state.

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

    The following House of Delegates amendment to the bill was reported by the Clerk:

    On page three, line thirty-one, by striking out the word “Romney” and inserting in lieu thereof the word “Ronney”.

    On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.

    Engrossed Senate Bill No. 496, as amended by the House of Delegates, was then put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, 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)--33.

    The nays were: None.

    Absent: Blair--1.

    So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 496) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, 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)--33.

    The nays were: None.

    Absent: Blair--1.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 496) takes effect from passage.

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

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

    Eng. Senate Bill No. 571, Extending time Oceana City Council can meet as levying body.

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

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

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

    The following House of Delegates amendment to the bill was reported by the Clerk:

    On pages two and three, section twenty-two, lines ten through seventeen, by striking out all of subsection (b) and inserting in lieu thereof a new subsection, designated subsection (b), to read as follows:

    (b) “Horizontally drilled well” means any well that is drilled using a “horizontal drilling” method as that term is defined in subdivision (5), subsection (b), section four, article six-a, chapter twenty-two of this code.

    On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.

    Engrossed Committee Substitute for Senate Bill No. 638, as amended by the House of Delegates, was then put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, 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)--33.

    The nays were: None.

    Absent: Blair--1.

    So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 638) passed with its title.

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

    On this question, the yeas were: Barnes, Beach, 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)--33.

    The nays were: None.

    Absent: Blair--1.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 638) takes effect July 1, 2013.

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

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

    Senate Concurrent Resolution No. 11, Requesting DOH name portion of State Route 214 "Army Pvt. Parker Meikle Memorial Road.

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

    Senate Concurrent Resolution No. 12, Requesting DOH name section of Lick Creek Road in Boone County "PFC Randall Bruce Miller Memorial Road.

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

    Senate Concurrent Resolution No. 18, Requesting DOH name portion of State Route 20 in Wyoming County "David and Janet Lee Memorial Highway.

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

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

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

    House Concurrent Resolution No. 108--Requesting the Division of Highways to name the bridge on County Route 3, Crawley Creek Road, Logan County, bridge number 23-3-4.31, the “Army Specialist Fourth Class Tommy Joe Belcher Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    At the request of Senator Chafin, and by unanimous consent, the Senate returned to the second order of business and the introduction of guests.

    The Senate then proceeded to the fourth order of business.

    Senator Cookman, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:

    Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 5th day of April, 2013, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:

    (Com. Sub. for S. B. No. 359), Relating generally to reforming public education.

    (H. B. No. 2487), Prohibiting the use of laetrile.

    (H. B. No. 2784), Relating to the Deputy Sheriff Retirement System Act.

    And,

    (H. B. No. 3013), Authorizing the establishment of job creation work groups.

                             Respectfully submitted,

                               Donald H. Cookman,

                                 Chair, Senate Committee.

                               Danny Wells,

                                 Chair, House Committee.

    The Senate proceeded to the sixth order of business.

    Senators Chafin, Kessler (Mr. President), Stollings, Williams, Cole, Carmichael and Unger offered the following resolution:

    Senate Resolution No. 59--Congratulating the Tug Valley High School Boys’ Basketball Team for winning the 2013 West Virginia Class A Basketball State Championship.

    Whereas, Tug Valley High School is located in Naugatuck, in the County of Mingo, and has a proud tradition of academic and athletic excellence; and

    Whereas, Tug Valley High School is the home of the Tug Valley Panthers Boys’ Basketball Team; and

    Whereas, The Tug Valley Panthers completed an amazing 2013 basketball season, finishing with a record of 25-3 and winning the Region III Section II Championship and the Region III Championship, qualifying them for the 2013 West Virginia State Basketball Tournament; and

    Whereas, The Tug Valley High School athletic program is led by Principal Johnny Branch and Athletic Director Tony Clusky; and

    Whereas, The Tug Valley Panthers are led by coaches Garland Thompson, Thomas Newsome, Stan Elkins and Tyler Hodge; and

    Whereas, The Tug Valley team consists of players Austin Brewer, Corey Dillon, Aaron Muncy, Mikey Newsome, Thomas Baisden, Ethan Hager, Austin Baisden, Aaron Copley, Austin Kitchen, Dwayne Marcum, Shane Marcum, Kyle Newsome, Hayden Sturgell, Calvin Blankenship, Dylan Dotson, Corbin Oliver, Chandler Runyon and Tyler Workman; and

    Whereas, Four team members were selected to the All-State Basketball Team for Class A; and

    Whereas, Those All-State honorees were Austin Brewer and Mikey Newsome for First Team and Thomas Baisden and Aaron Muncy with Honorable Mention; and

    Whereas, The Tug Valley Panthers displayed their strong will, fierce determination, camaraderie and faith for an entire season and will be remembered as the first boys’ basketball team in West Virginia high school sports history to win two consecutive state championships, moving from one classification to another; and

    Whereas, This historic milestone was accomplished in the 100th year of West Virginia high school basketball; and

    Whereas, The Tug Valley Panthers were most ably supported by their classmates, faculty, families and community throughout the season, without whose generous support their historic season could not have been achieved; therefore, be it

    Resolved by the Senate:

    That the Senate hereby congratulates the Tug Valley High School Boys’ Basketball Team for winning the 2013 West Virginia Class A Basketball State Championship; and, be it

    Further Resolved, That the Senate acknowledges the dedication and commitment of each individual coach and player, which resulted in the Tug Valley Panthers’ historic championship season; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Tug Valley Panthers Boys’ Basketball Team.

    At the request of Senator Chafin, 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, Snyder, Kessler (Mr. President), Stollings, Williams, McCabe, Wells and Carmichael offered the following resolution:

    Senate Resolution No. 60--Designating April 8, 2013, as Jefferson County Day at the Capitol.

    Whereas, Jefferson County Day at the Capitol is sponsored and founded by West Virginia Communication Outreach of Jefferson County, an all-volunteer, nonpolitical, nonpartisan, nondenominational outreach organization structured to help benefit and increase the communications between Jefferson County residents, local governments and West Virginia state government through fact finding and information sharing; and

    Whereas, Jefferson County Day at the Capitol is represented in the areas of agriculture, arts and humanities, economic development, businesses, education, local governments and government agencies, emergency services, nonprofits, tourism, cultural heritage and recreation; and

    Whereas, Jefferson County Day at the Capitol is encouraged in principle and supported fiscally through the Jefferson County Convention and Visitors Bureau, the Jefferson County commission and the Jefferson County Development Authority; and

    Whereas, Jefferson County Day at the Capitol will continue on as an annual event through the efforts of West Virginia Communication Outreach of Jefferson County, West Virginia, Inc., being committed to developing and continuing to nurture an ongoing direct relationship between the residents of Jefferson County and the State of West Virginia, while continuing to meet with West Virginia state legislators and developing relationships between counties to optimize our strengths and strengthen our weaknesses; therefore, be it

    Resolved by the Senate:

    That the Senate hereby designates April 8, 2013, as Jefferson County Day at the Capitol; and, be it

    Further Resolved, That the Clerk is hereby directed forward a copy of this resolution to the appropriate officials representing Jefferson County Day at the Capitol.

    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

    Senator Plymale presented a petition from Adam Fridley and numerous West Virginia state college students, opposing state budget cuts to higher education.

    Referred to the Committee on Education.

    The Senate proceeded to the ninth order of business.

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

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

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

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

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

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

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

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

    At the request of Senator Snyder, as chair of the Committee on Government Organization, and by unanimous consent, the unreported Government Organization committee amendment to the bill was withdrawn.

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

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

ARTICLE 5. DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT.

§15-5-6. Emergency powers of Governor.

    The provisions of this section shall be operative only during the existence of a state of emergency. The existence of a state of emergency may be proclaimed by the Governor or by concurrent resolution of the Legislature if the Governor in such proclamation, or the Legislature in such resolution, finds that an attack upon the United States has occurred or is anticipated in the immediate future, or that a natural or man-made disaster of major proportions has actually occurred or is imminent within the state, and that the safety and welfare of the inhabitants of this state require an invocation of the provisions of this section. Any such emergency, whether proclaimed by the Governor or by the Legislature, shall terminate upon the proclamation of the termination thereof by the Governor, or the passage by the Legislature of a concurrent resolution terminating such emergency.

    So long as such state of emergency exists, the Governor shall have and may exercise the following additional emergency powers:

    (a) To enforce all laws and rules and regulations relating to the provision of emergency services and to assume direct operational control of any or all emergency service forces and helpers in the state;

    (b) To sell, lend, lease, give, transfer or deliver materials or perform functions relating to emergency services on such terms and conditions as he or she shall prescribe and without regard to the limitations of any existing law and to account to the State Treasurer for any funds received for such property;

    (c) To procure materials and facilities for emergency services by purchase, condemnation under the provisions of chapter fifty-four of this code or seizure pending institution of condemnation proceedings within thirty days from the seizing thereof and to construct, lease, transport, store, maintain, renovate or distribute such materials and facilities. Compensation for property so procured shall be made in the manner provided in chapter fifty-four of this code;

    (d) To obtain the services of necessary personnel, required during the emergency, and to compensate them for their services from his or her contingent funds or such other funds as may be available to him or her;

    (e) To provide and compel the evacuation of all or part of the population from any stricken or threatened area within the state and to take such steps as are necessary for the receipt and care of such evacuees;

    (f) To control ingress and egress to and from a disaster area, the movement of persons within the area and the occupancy of premises therein;

    (g) To suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders, rules or regulations of any state agency, if strict compliance therewith would in any way prevent, hinder or delay necessary action in coping with the emergency;

    (h) To utilize such available resources of the state and of its political subdivisions as are reasonably necessary to cope with the emergency;

    (i) To suspend or limit the sale, dispensing or transportation of alcoholic beverages, firearms, explosives and combustibles;

    (j) To make provision for the availability and use of temporary emergency housing; and

    (k) To perform and exercise such other functions, powers and duties as are necessary to promote and secure the safety and protection of the civilian population.

    No powers granted under this section may be interpreted to authorize. the seizure or confiscation of a firearm from a person unless that firearm is unlawfully possessed or unlawfully carried by the person, or the person is otherwise engaged in a criminal act any action that would violate the prohibitions of section nineteen-a of this article.

§15-5-19a. Possession of firearms during a declared state of emergency.

    (a) No person acting on behalf or under the authority of the state or a political subdivision of the state may do any of the following during any federal or state declared state of emergency:

    (1) Prohibit or restrict the otherwise lawful possession, use, carrying, transfer, transportation, storage or display of a firearm or ammunition;

    (2) Seize, confiscate or authorize the seizure or confiscation of any otherwise lawfully possessed firearm or ammunition unless:

    (A) The person acting on behalf of or under the authority of the state or political subdivision is:

    (i) Defending himself or another from an assault; or

    (ii) Arresting a person in actual possession of a firearm or ammunition for a violation of law; or

    (B) The firearm or ammunition is being seized or confiscated as evidence of a crime; or

    (3) Require registration of any firearm or ammunition.

    (b) The prohibitions of subdivision (1), subsection (a) of this section do not prohibit the state or an authorized state or local authority from ordering and enforcing an evacuation or general closure of businesses in the affected area during a declared state of emergency.

    (c) In addition to any other remedy at law or in equity, an individual aggrieved by the seizure or confiscation of a firearm or ammunition in violation of this section may bring an action for the return of such firearm or ammunition in the circuit court of the county in which that individual resides or in which such firearm or ammunition is located.

    The bill (Eng. Com. Sub. for H. B. No. 2471), as amended, was then ordered to third reading.

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

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

    Eng. Com. Sub. for House Bill No. 2553, Authorizing the Secretary of State to administratively dissolve certain business entities.

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

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

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

    That §31B-8-809 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §31B-10-1006 of said code be amended and reenacted; that §31D-14-1420 of said code be amended and reenacted; that §31D-15-1530 of said code be amended and reenacted; that §31E-13-1320 of said code be amended and reenacted; that §31E-14-1430 of said code be amended and reenacted; and that §59-1-2a of said code be amended and reenacted, all to read as follows:

CHAPTER 31B. UNIFORM LIMITED LIABILITY COMPANY ACT.

ARTICLE 8. WINDING UP COMPANY'S BUSINESS.

§31B-8-809. Grounds for administrative dissolution.

    The Secretary of State may commence a proceeding to administratively dissolve a limited liability company administratively if: the company does not:

    (1) Pay The company fails to pay any fees, taxes or penalties imposed by this chapter or other law within sixty days after they are due;

    (2) Deliver The company fails to deliver its annual report to the Secretary of State within sixty days after it is due;

    (3) The professional license of one or more of the license holders is revoked by a professional licensing board and the license is or all the licenses are required for the continued operation of the company; or

    (4) The company is in default with the Bureau of Employment Programs as provided in section six, article two, chapter twenty-one-a of this code.

ARTICLE 10. FOREIGN LIMITED LIABILITY COMPANIES.

§31B-10-1006. Revocation and reinstatement of certificate of authority.

    (a) A certificate of authority of a foreign limited liability company to transact business in this state may be revoked by the Secretary of State in the manner provided in subsection (b) of this section if:

    (1) The company fails to:

    (i) Pay any fees, taxes and penalties owed to this state;

    (ii) Deliver its annual report required under section 2-211 to the Secretary of State within sixty days after it is due; or

    (iii) File a statement of a change in the name or business address of the agent as required by this article; or

    (2) A misrepresentation has been made of any material matter in any application, report, affidavit or other record submitted by the company pursuant to this article;

    (3) The professional license of one or more of the license holders is revoked by a professional licensing board and the license is or all the licenses are required for the continued operation of the company; or

    (4) The company is in default with the Bureau of Employment Programs as provided in section six, article two, chapter twenty-one-a of this code.

    (b) The Secretary of State may not revoke a certificate of authority of a foreign limited liability company unless the Secretary of State sends the company notice of the revocation, at least sixty days before its effective date, by a record addressed to its principal office. The notice must specify the cause for the revocation of the certificate of authority. The authority of the company to transact business in this state ceases on the effective date of the revocation unless the foreign limited liability company cures the failure before that date.

    (c) A foreign limited liability company administratively revoked may apply to the Secretary of State for reinstatement within two years after the effective date of revocation. The application must:

    (1) Recite the name of the company and the effective date of its administrative revocation; (2) state that the ground for revocation either did not exist or has been eliminated; (3) state that the company's name satisfies the requirements of section 10-1005; and (4) contain a certificate from the Tax Commissioner reciting that all taxes owed by the company have been paid.

    (d) If the Secretary of State determines that the application contains the information required by subsection (a) of this section and that the information is correct, the Secretary of State shall cancel the certificate of revocation and prepare a certificate of reinstatement that recites this determination and the effective date of reinstatement, file the original of the certificate and serve the company with a copy of the certificate.

    (e) When reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative revocation and the company may resume its business as if the administrative revocation had never occurred.

CHAPTER 31D. WEST VIRGINIA BUSINESS CORPORATION ACT.

ARTICLE 14. DISSOLUTION.

Part II. Administrative Dissolution.

§31D-14-1420. Grounds for administrative dissolution.

    The Secretary of State may commence a proceeding under section one thousand four hundred twenty-one of this article to administratively dissolve a corporation if:

    (1) The corporation does not pay within sixty days after they are due any fees, franchise taxes or penalties imposed by this chapter or other law;

    (2) The corporation does not notify the Secretary of State within sixty days that its registered agent or registered office has been changed, that its registered agent has resigned or that its registered office has been discontinued; or

    (3) The corporation's period of duration stated in its articles of incorporation expires;

    (4) The professional license of one or more of the license holders is revoked by a professional licensing board and the license is or all the licenses are required for the continued operation of the corporation; or

    (5) The corporation is in default with the Bureau of Employment Programs as provided in section six, article two, chapter twenty-one-a of this code.

ARTICLE 15. FOREIGN CORPORATIONS.

Part III. Revocation of Certificate of Authority.

§31D-15-1530. Grounds for revocation.

    The Secretary of State may commence a proceeding under section one thousand five hundred thirty-one of this article to revoke the certificate of authority of a foreign corporation authorized to transact business in this state if:

    (1) The foreign corporation does not pay within sixty days after they are due any fees, franchise taxes or penalties imposed by this chapter or other law;

    (2) The foreign corporation does not inform the Secretary of State under section one thousand five hundred eight or one thousand five hundred nine of this article that its registered agent or registered office has changed, that its registered agent has resigned or that its registered office has been discontinued within sixty days of the change, resignation or discontinuance;

    (3) An incorporator, director, officer or agent of the foreign corporation signed a document he or she knew was false in any material respect with intent that the document be delivered to the Secretary of State for filing; or

    (4) The Secretary of State receives a duly authenticated certificate from the Secretary of State or other official having custody of corporate records in the state or country under whose law the foreign corporation is incorporated stating that it has been dissolved or disappeared as the result of a merger;

    (5) The professional license of one or more of the license holders is revoked by a professional licensing board and the license is or all the licenses are required for the continued operation of the foreign corporation; or

    (6) The foreign corporation is in default with the Bureau of Employment Programs as provided in section six, article two, chapter twenty-one-a of this code.

CHAPTER 31E. WEST VIRGINIA NONPROFIT CORPORATION ACT.

ARTICLE 13. DISSOLUTION.

Part II. Administrative Dissolution.

§31E-13-1320. Grounds for administrative dissolution.

    The Secretary of State may commence a proceeding under section one thousand three hundred twenty-one of this article to administratively dissolve a corporation if:

    (1) The corporation does not pay within sixty days after they are due any fees, franchise taxes or penalties imposed by this chapter or other law;

    (2) The corporation does not notify the Secretary of State within sixty days that its registered agent or registered office has been changed, that its registered agent has resigned or that its registered office has been discontinued; or

    (3) The corporation's period of duration stated in its articles of incorporation expires;

    (4) The professional license of one or more of the license holders is revoked by a professional licensing board and the license is or all the licenses are required for the continued operation of the nonprofit entity; or

    (5) The corporation is in default with the Bureau of Employment Programs as provided in section six, article two, chapter twenty-one-a of this code.

ARTICLE 14. FOREIGN CORPORATIONS.

Part III. Revocation of Certificate of Authority.

§31E-14-1430. Grounds for revocation.

    The Secretary of State may commence a proceeding under section one thousand four hundred thirty-one of this article to revoke the certificate of authority of a foreign corporation authorized to conduct activities in this state if:

    (1) The foreign corporation does not pay within sixty days after they are due any fees, franchise taxes or penalties imposed by this chapter or other law;

    (2) The foreign corporation does not inform the Secretary of State under sections one thousand four hundred eight or one thousand four hundred nine of this article that its registered agent or registered office has changed, that its registered agent has resigned, or that its registered office has been discontinued within sixty days of the change, resignation or discontinuance;

    (3) An incorporator, director, officer or agent of the foreign corporation signed a document he or she knew was false in any material respect with intent that the document be delivered to the Secretary of State for filing; or

    (4) The Secretary of State receives a duly authenticated certificate from the Secretary of State or other official having custody of corporate records in the state or country under whose law the foreign corporation is incorporated stating that it has been dissolved or disappeared as the result of a merger;

    (5) The professional license of one or more of the license holders is revoked by a professional licensing board and the license is or all the licenses are required for the continued operation of the corporation; or

    (6) The foreign corporation is in default with the Bureau of Employment Programs as provided in section six, article two, chapter twenty-one-a of this code.

CHAPTER 59. FEES, ALLOWANCES AND COSTS;

NEWSPAPERS; LEGAL ADVERTISEMENTS.

ARTICLE 1. FEES AND ALLOWANCES.

§59-1-2a. Annual business fees to be paid to the Secretary of State; filing of annual reports; purchase of data.

    (a) Definitions. -- As used in this section:

    (1) “Annual report fee” means the fee described in subsection (c) of this section that is to be paid to the Secretary of State each year by corporations, limited partnerships, domestic limited liability companies and foreign limited liability companies. After June 30, 2008, any reference in this code to a fee paid to the Secretary of State for services as a statutory attorney in fact shall mean the annual report fee described in this section.

    (2) “Business activity” means all activities engaged in or caused to be engaged in with the object of gain or economic benefit, direct or indirect, but does not mean any of the activities of foreign corporations enumerated in subsection (b), section one thousand five hundred one, article fifteen, chapter thirty-one-d of this code, except for the activity of conducting affairs in interstate commerce when activity occurs in this state, nor does it mean any of the activities of foreign limited liability companies enumerated in subsection (a), section one thousand three, article ten, chapter thirty-one-b of this code except for the activity of conducting affairs in interstate commerce when activity occurs in this state.

    (3) “Corporation” means a “domestic corporation”, a “foreign corporation” or a “nonprofit corporation”.

    (4) “Deliver or delivery” means any method of delivery used in conventional commercial practice, including, but not limited to, delivery by hand, mail, commercial delivery and electronic transmission.

    (5) “Domestic corporation” means a corporation for profit which is not a foreign corporation incorporated under or subject to chapter thirty-one-d of this code.

    (6) “Domestic limited liability company” means a limited liability company which is not a foreign limited liability company under or subject to chapter thirty-one-b of this code.

    (7) “Foreign corporation” means a for-profit corporation incorporated under a law other than the laws of this state.

    (8) “Foreign limited liability company” means a limited liability company organized under a law other than the laws of this state.

    (9) “Limited partnership” means a partnership as defined by section one, article nine, chapter forty-seven of this code.

    (10) “Nonprofit corporation” means a nonprofit corporation as defined by section one hundred fifty, article one, chapter thirty-one-e of this code.

    (11) “Registration fee” means the fee for the issuance of a certificate relating to the initial registration of a corporation, limited partnership, domestic limited liability company or foreign limited liability company described in subdivision (2), subsection (a), section two of this article. The term “initial registration” also means the date upon which the registration fee is paid.

    (b) Required payment of annual report fee and filing of annual report. -- After June 30, 2008, no corporation, limited partnership, domestic limited liability company or foreign limited liability company may engage in any business activity in this state without paying the annual report fee and filing the annual report as required by this section.

    (c) Annual report fee. -- After June 30, 2008, each corporation, limited partnership, domestic limited liability company and foreign limited liability company engaged in or authorized to do business in this state shall pay an annual report fee of $25 for the services of the Secretary of State as attorney-in-fact for the corporation, limited partnership, domestic limited liability company or foreign limited liability company, and for such other administrative services as may be imposed by law upon the Secretary of State. The fee is due and payable each year after the initial registration of the corporation, limited partnership, domestic limited liability company or foreign limited liability company with the annual report described in subsection (d) of this section on or before the dates specified in subsection (e) of this section. The fee is due and payable each year with the annual report from corporations, limited partnerships, domestic limited liability companies and foreign limited liability companies that paid the registration fee prior to July 1, 2008, on or before the dates specified in subsection (e) of this section. The annual report fees received by the Secretary of State pursuant to this subsection shall be deposited by the Secretary of State in the general administrative fees account established by section two of this article.

    (d) Annual report. -- (1) After June 30, 2008, each corporation, limited partnership, domestic limited liability company and foreign limited liability company engaged in or authorized to do business in this state shall file an annual report. The report is due each year after the initial registration of the corporation, limited partnership, domestic limited liability company or foreign limited liability company with the annual report fee described in subsection (c) of this section on or before the dates specified in subsection (e) of this section. The report is due each year from corporations, limited partnerships, domestic limited liability companies and foreign limited liability companies that paid the registration fee prior to July 1, 2008, on or before the dates specified in subsection (e) of this section.

    (2) (A) The annual report shall be filed with the Secretary of State on forms provided by the Secretary of State for that purpose. The annual report shall, in the case of corporations, contain: (i) The address of the corporation’s principal office; (ii) the names and mailing addresses of its officers and directors; (iii) the name and mailing address of the person on whom notice of process may be served; (iv) the name and address of the corporation’s parent corporation and of each subsidiary of the corporation licensed to do business in this state; (v) in the case of limited partnerships domestic limited liability companies and foreign limited liability companies, similar information with respect to their principal or controlling interests as determined by the Secretary of State or otherwise required by law to be reported to the Secretary of State; (vi) the county or county code in which the principal office address or mailing address of the company is located; (vii) business class code; and (viii) any other information the Secretary of State considers appropriate.

    (B) Notwithstanding any other provision of law to the contrary, the Secretary of State shall, upon request of any person, disclose, with respect to corporations: (i) The address of the corporation’s principal office; (ii) the names and addresses of its officers and directors; (iii) the name and mailing address of the person on whom notice of process may be served; (iv) the name and address of each subsidiary of the corporation and the corporation’s parent corporation; (v) the county or county code in which the principal office address or mailing address of the company is located; and (vi) the business class code. The Secretary of State shall provide similar information with respect to information in its possession relating to limited partnerships domestic limited liability companies and foreign limited liability companies, similar information with respect to their principal or controlling interests.

    (e) Annual reports and fees due July 1. -- Each domestic and foreign corporation, limited partnership, limited liability company and foreign limited liability company shall file with the Secretary of State the annual report and pay the annual report fee by July 1 of each year.

    (f) Deposit of fees. -- The annual report fees received by the Secretary of State pursuant to this section shall be deposited by the Secretary of State in the general administrative fees account established by section two, article one, chapter fifty-nine of this code.

    (g) (1) Duty to pay. -- It shall be the duty of each corporation, limited partnership, limited liability company and foreign limited liability company required to pay the annual report fees imposed under this article, to remit them with a properly completed annual report to the Secretary of State, and if it fails to do so it shall be subject to the late fees prescribed in subsection (h) of this article and dissolution or revocation, pursuant to this code: Provided, That before dissolution or revocation for failure to pay fees may occur, the Secretary of State shall notify the entity by certified mail, return receipt requested, of its failure to pay, all late fees or bad check fees associated with the failure to pay and the date upon which dissolution or revocation will occur if all fees are not paid in full. The certified mail required by this subdivision shall be postmarked at least thirty days before the dissolution or revocation date listed in the notice.

    (2) Bad check fee. -- If any corporation, limited partnership, limited liability company or foreign limited liability company submits payment by check or money order for the annual report fee imposed under this article and the check or money order is rejected because there are insufficient funds in the account or the account is closed, the Secretary of State shall assess a bad check fee to the corporation, limited partnership, limited liability company or foreign limited liability company that is equivalent to the service charge paid by the Secretary of State due to the rejected check or money order. The bad check fee assessed under this subdivision shall be deposited into the account or accounts from which the Secretary of State paid the service charge.

    (h) Late fees. -- (1) The following late fees shall be in addition to any other penalties and remedies available elsewhere in this code:

    (A) Administrative late fee. -- The Secretary of State shall assess upon each corporation, limited partnership, limited liability company and foreign limited liability company delinquent in the payment of an annual report fee or the filing of an annual report an administrative late fee in the amount of $50.

    (B) Administrative late fees for nonprofit corporations. -- The Secretary of State shall assess each nonprofit corporation delinquent in the payment of an annual report fee or the filing of an annual report an administrative late fee in the amount of $25.

    (2) The Secretary of State shall deposit the first $25,000 of fees collected under this subsection into the general administrative fees account established in subsection (h), section two of this article, and shall deposit any additional fees collected under this section into the General Revenue Fund of the state.

    (i) Reports to Tax Commissioner; suspension, cancellation or withholding of business registration certificate. --

    (1) The Secretary of State shall, within twenty days after the close of each month, make a report to the Tax Commissioner for the preceding month, in which he or she shall set out the name of every business entity to which he or she issued a certificate to conduct business in the State of West Virginia during that month. The report shall set out the names and addresses all corporations, limited partnerships, limited liability companies and foreign limited liability companies to which he or she issued certificates of change of name or of change of location of principal office, dissolution, withdrawal or merger. If the Secretary of State fails to make the report, it shall be the duty of the Tax Commissioner to report such failure to the Governor. A writ of mandamus shall lie for correction of such failure.

    (2) Notwithstanding any other provisions of this code to the contrary, upon receipt of notice from the Secretary of State that a corporation, limited partnership, limited liability company and foreign limited liability company is more than thirty days delinquent in the payment of annual report fees or in the filing of an annual report required by this section, the Tax Commissioner may suspend, cancel or withhold a business registration certificate issued to or applied for by the delinquent corporation, limited partnership, limited liability company or foreign limited liability company until the same is paid and filed in the manner provided for the suspension, cancellation or withholding of business registration certificates for other reasons under article twelve, chapter eleven of this code.

    (j) Purchase of data. -- The Secretary of State will provide electronically, for purchase, any data maintained in the Secretary of State’s Business Organizations Database. For the electronic purchase of the entire Business Organizations Database, the cost is $12,000. For the purchase of the monthly updates of the Business Organizations Database, the cost is $1,000 per month. The fees received by the Secretary of State pursuant to this subsection shall be deposited by the Secretary of State in the general administrative fees account established by section two, article one, chapter fifty-nine of this code.

    (k) The Secretary of State is authorized to collect the service fee per transaction, if any, charged for an online service from any customer who purchases data or conducts transactions through an online service.

    (l) Rules. -- The Secretary of State may propose legislative rules for promulgation pursuant to article three, chapter twenty-nine-a of this code to implement this article, and may, pending promulgation of those rules, promulgate emergency rules pursuant to those provisions for those purposes.

    The bill (Eng. Com. Sub. for H. B. No. 2553), as amended, was then ordered to third reading.

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

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

    The following amendments to the bill, from the Committee on the Judiciary, were reported by the Clerk, considered simultaneously, and adopted:

    On page three, section fifteen-c, line thirty-five, after the word “section.” by adding the following: For purposes of this section, “business day” means a day on which state offices are open for business.;

    And,

    On page four, section fifteen-d, line seven, after the word “Commissioner.” by inserting the following: For purposes of this section, “business day” means a day on which state offices are open for business.

    The bill (Eng. Com. Sub. for H. B. No. 2585), as amended, was then ordered to third reading.

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

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

    The following amendments to the bill, from the Committee on the Judiciary, were reported by the Clerk, considered simultaneously, and adopted:

    On page eight, section two, line seventy-three, after the word “authorized” by striking out the period and inserting the following: with the following amendment:

    On page three, subsection 8.1., after the word “System” by changing the period to a colon and inserting the following proviso: And provided further, That beginning July 1, 2013, each participating public employer shall contribute fourteen and five-tenths percent (14.5%) of each compensation payment of all its employees who are members of the Public Employees Retirement System.;

    And,

    On page eight, section two, after line seventy-nine, by inserting the following:

    On page eight, subsection 14.1., after the word “System” by changing the period to a colon and inserting the following proviso: “And provided further, That beginning July 1, 2013, the West Virginia State Police shall contribute fourteen and five-tenths percent (14.5%) of the monthly salary of each member of the West Virginia State Police Retirement System to the West Virginia State Police Retirement System;

    And,”.

    The bill (Eng. Com. Sub. for H. B. No. 2652), as amended, was then ordered to third reading.

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

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

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

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

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

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

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

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

    Eng. House Bill No. 3028, Expanding the number of hours temporary state personnel may work in a calendar year.

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

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

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

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

    By striking out everything after the enacting clause and inserting in lieu thereof the provisions of Engrossed Committee Substitute for Senate Bill No. 610.

    The bill (Eng. Com. Sub. for H. B. No. 3086), as amended, was then ordered to third reading.

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

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

    The Senate proceeded to the tenth order of business.

    The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:

    Eng. Com. Sub. for House Bill No. 2108, Making the offense of failure to wear safety belts a primary offense.

    Eng. Com. Sub. for House Bill No. 2395, Relating to senior services.

    Eng. Com. Sub. for House Bill No. 2815, Clarifying and modifying the process of appointing and terminating guardians for minors.

    Eng. House Bill No. 2992, Eliminating duplicative reporting requirements imposed on distributors of imported cigarettes.

    Eng. Com. Sub. for House Bill No. 3003, Facilitating compliance with the Tobacco Master Settlement Agreement.

    And,

    Eng. House Bill No. 3159, Granting exceptions from certain compulsory attendance statutes to the Monroe and Nicholas County school systems.

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

    Pending announcement of meetings of standing and select committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Tuesday, April 9, 2013, at 11 a.m.

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