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Senate Journal


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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2014

FIFTY-FIFTH DAY

____________

Charleston, W. Va., Monday, March 3, 2014

    The Senate met at 11 a.m.

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

    Prayer was offered by Bishop Joe Thomas, Nondenominational Fellowship Pentecostal Ministries, Charleston, West Virginia.

    Pending the reading of the Journal of Friday, February 28, 2014,

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

    The Senate proceeded to the third order of business.

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

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

    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. 105--Urging Congress to pass the Safe Freight Act as contained in H. R. 3040 providing that a freight train or light engine used in connection with the movement of freight have at least two individuals, one of whom is certified as a locomotive engineer and the other who is certified as a conductor.

    Referred to the Committee on Transportation and Infrastructure.

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

    House Concurrent Resolution No. 107--Requesting that the bridge currently under construction on new WV Route 10 in Logan County, West Virginia, that has been designated as project number 10368, to be named the “William Dakota ‘Kody’ Faine Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    The Senate proceeded to the fourth order of business.

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

    Your Committee on Transportation and Infrastructure has had under consideration

    Senate Concurrent Resolution No. 39, Requesting DOH name road in Boone County "Army Sgt. Andy Messer Memorial Highway".

    And reports back a committee substitute for same as follows:

    Com. Sub. for Senate Concurrent Resolution No. 39 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name the stretch of road beginning at U. S. Route 119 at Julian, Boone County, going one mile, one-half mile on each side of the exit to Julian, the “U. S. Army Sgt. Andy Messer Memorial Highway”.

    Whereas, Mark Andrew “Andy” Messer was born on January 4, 1965, in Charleston, Kanawha County, to Mark Andrew “Andy” Messer. He passed away at his home in Julian, Boone County, on March 18, 2013. After graduating from Scott High School, where he played football, Andy enrolled in the Army. He served in the military for more than ten years, including a life-altering, front-line tour in the Middle East during Desert Storm. Andy was a member of the 5th Special Forces Group and the 101st Airborne (Green Berets). He was a highly decorated combat veteran. He was stationed at Fort Leonardwood in Missouri, Fort Lewis in Washington and Fort Campbell in Kentucky. He fought in Honduras, Iraq, Iran, Kuwait and Saudi Arabia. He trained with the Egyptian Special Forces. He received the Army Service Ribbon, Army Lapel Button, Sharpshooter Qualification Badge (M16 Rifle), Driver’s Badge, Army Good Conduct Medal, Army Achievement Medal, NCO Professional Development Ribbon, National Defense Service Medal, Driver Mechanic Badge, Mechanic Badge, Southwest Asia Service Medal and Saudi Arabia/Kuwait Liberation Medal. Andy returned home to Boone County after he received a medical discharge because of injuries sustained during Desert Storm, including post-traumatic stress disorder. He was a VFW member; and

    Whereas, Mark Andrew “Andy” Messer is survived by his sons, Elijah Messer, of Sharples, Justin Green, of Killeen, Texas, and Gage and Dane Messer, both of Madison; his grandchildren, Kadence and Gunnar Green, of Killeen, Texas; his daughter-in-law, Nelle Green, of Killeen, Texas; his father, Mark Andrew “Andy” Messer, of Haddalton; his brothers, David and Jacob Messer, both of Haddalton; his sisters-in-law, Tonya and Amanda Messer, both of Haddalton; and many aunts, uncles, cousins, nephews, nieces and friends. Andy was preceded in death by his grandparents, Carl and Lorraine Messer and William “Squirrelly” and Letha Fankhauser; and

    Whereas, The sacrifices Mark Andrew “Andy” Messer made for his country and the contributions he made to his state and community are representative of the highest levels of honor and courage and should not go unnoticed. Naming that stretch of road beginning at U. S. Route 119 at Julian, Boone County, going one mile, one-half mile on each side of the exit to Julian, the “U. S. Army Sgt. Andy Messer Memorial Highway” is an appropriate recognition of his sacrifice for state and country; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name the stretch of road beginning at U. S. Route 119 at Julian, Boone County, going one mile, one-half mile on each side of the exit to Julian, the “U. S. Army Sgt. Andy Messer Memorial Highway”; and, be it

    Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the one-mile stretch of road beginning at U. S. Route 119 at Julian, Boone County, going one mile, one-half mile on each side of the exit to Julian, proclaiming it the “U. S. Army Sgt. Andy Messer Memorial Highway”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of Army Sgt. Andy Messer.

    Senate Concurrent Resolution No. 43, Requesting DOH name bridge in Putnam County "Sgt. Deforest Lee Talbert Memorial Bridge".

    And reports back a committee substitute for same as follows:

    Com. Sub. for Senate Concurrent Resolution No. 43 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name the bridge in Putnam County, bridge number 40-35-9.68(40A157) northbound and bridge number 40-35-9.68(40A158) southbound, on Route 35 crossing over 5 and 20 Creek Road, 1.17 miles north of CR 19, the “U. S. Army Sgt. Deforest Lee Talbert Memorial Bridge”.

    Whereas, Sgt. Deforest Lee Talbert was born January 24, 1982, in Alexandria, Virginia, the son of Gloria Nesbitt and Benjamin Dickens. He graduated from T. C. Williams High School. He moved to West Virginia to attend West Virginia State University where he majored in communications. He enlisted in the West Virginia Army National Guard at Dunbar, West Virginia, and was assigned to Bravo Company 1/150 AR in 2001; and

    Whereas, Sgt. Deforest Lee Talbert was mobilized as part of Operation Iraqi Freedom on October 1, 2003, and was reassigned to Charlie Company 1/150 AR. His company was deployed to the Iraqi Theater of Operations along with the 1-150th Armor Battalion and the 30th Brigade Team on February 29, 2004. He served as an assistant gunner with the First Platoon, Charlie 12 gun truck. While patrolling on the evening of July 27, 2004, Sgt. Talbert’s convoy was the target of an enemy attack using an improvised explosive device. Three of his fellow soldiers were injured, but Sgt. Talbert absorbed the brunt of the explosion and was instantly killed. Sgt. Deforest Lee Talbert received the Army Service Ribbon, the Sharpshooter Marksmanship Badge (Pistol), the Expert Marksmanship Badge (Grenade), SSI/FWS for the 30th Brigade Combat Team and the 1st Infantry Division and, posthumously, a Purple Heart and a Bronze Star with V Device; and

    Whereas, Sgt. Deforest Lee Talbert made the ultimate sacrifice for his country and in doing so represented West Virginia and his country with the highest levels of honor and courage and his sacrifice should not go unnoticed. Naming this bridge in Putnam County for him is an appropriate recognition of his ultimate sacrifice for state and country; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name the bridge in Putnam County, bridge number 40-35-9.68(40A157) northbound and bridge number 40-35-9.68(40A158) southbound, on Route 35 crossing over 5 and 20 Creek Road, 1.17 miles north of CR 19, the “U. S. Army Sgt. Deforest Lee Talbert Memorial Bridge”; and, be it

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

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation, the Commissioner of Highways and the surviving family members of Sgt. Deforest Lee Talbert: Mother, Gloria Nesbitt; father, Benjamin Dickens; sisters, Tawanna Talbert-Loving, Latasha Marble and Chiquita Talbert; brother, James Talbert; and his devoted friend, Frances Hamlet.

    Senate Concurrent Resolution No. 44, Requesting DOH name bridge in Marion County "Junior Slaughter Bridge".

    And reports back a committee substitute for same as follows:

    Com. Sub. for Senate Concurrent Resolution No. 44 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name bridge number 25-79-138.77 (25A145), on the northbound lane of I-79 at Exit 139, in Marion County, the “Sheriff Junior Slaughter Memorial Bridge”.

    Whereas, Junior Slaughter was born January 18, 1929, in Fairmont, the son of the late William and Liddia Ann Hawkins Slaughter and Reba Mosier; and

    Whereas, Junior Slaughter served in the United States Navy on the USS Timbalier, and was stationed in Trinidad before returning to Fairmont to join the Fairmont City Police Department; and

    Whereas, Junior Slaughter served on the Fairmont City Police Department for over twenty years before retiring as lieutenant in charge of the detective division; and

    Whereas, Junior Slaughter subsequently served six years as Chief Deputy of the Marion County Sheriff's Department, two terms as Sheriff of Marion County, one term as a magistrate in Marion County and was reelected for an additional two terms as Sheriff of Marion County; and

    Whereas, Junior Slaughter was a member of the Benton’s Ferry United Methodist Church and was active in numerous other organizations in Marion County, including Moose Lodge No. 9, Lions Club, Fraternal Order of the Eagles, BPOE No. 294, VFW No. 7048, Fraternal Order of Police Lodge No. 69, United Mine Workers Association, AFL-CIO, President of the Marion County Democratic Men’s Club, Marion County Democratic Executive Committee, Associated Businesses of East Fairmont, American Legion, National Rifle Association and a former member of the Board of Directors of the American Red Cross. In addition, he was a member of the AF&AM No. 157 in Fairmont. He was a noble in the Osiris Shrine Center in Wheeling and was a past President and member of the Upper Monongahela Valley Shrine Club in Fairmont; and

    Whereas, Junior Slaughter enjoyed West Virginia University football, traveling and spending time with his family and friends; and

    Whereas, Sadly, Junior Slaughter passed away in Fairmont on August 18, 2011, at the age of eighty-two; and

    Whereas, Junior Slaughter was preceded in death by his wife, Ruby Gay Slaughter, in 1995. He is survived by a son and daughter-in-law, John and Sharlene Slaughter of Benton’s Ferry Community; three daughters, Martha Furbee of Benton’s Ferry Community, Carolyn Ledsome of Montana Mines Community and Beverly Thomas of Mount Harmony Community; one sister, Vivian Riley of Worthington; and his best friend and companion, Shirley Heston of Fairmont. He is also survived by six grandchildren, five great- grandchildren and many nieces and nephews; and

    Whereas, It is only fitting and proper that we name this bridge on I-79 for Junior Slaughter to honor his many years of dedicated public service to the City of Fairmont, to Marion County and to the greater north central region of this state; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name bridge number 25-79-138.77 (25A145), on the northbound lane of I-79 at Exit 139, in Marion County, the “Sheriff Junior Slaughter Memorial Bridge”; and, be it

    Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “Sheriff Junior Slaughter Memorial Bridge”; and, be it

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

    And,

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

    And reports back a committee substitute for same as follows:

    Com. Sub. for Senate Concurrent Resolution No. 45 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name a section of West Virginia Route 3 near Chapmanville, Logan County, West Virginia, lying between County Route 3/1 and County Route 3/16, consisting of approximately 1.2 miles and locally known as Smoke House Fork Crawley Creek Road, the “U. S. Army Colonel Anna M. Butcher Road”.

    Whereas, Anna M. Butcher was born in Shively, West Virginia, attended Chapmanville High School from 1940 to 1942 and graduated from Logan General Hospital School of Nursing in 1946; and

    Whereas, Anna M. Butcher, the daughter of Mr. and Mrs. T. E. Butcher, grew up with four sisters and three brothers; and

    Whereas, Anna M. Butcher entered the United States Army Nurse Corps in November of 1951, and completed basic training at Fort Meade, Maryland, in December of 1951; and

    Whereas, First Lieutenant Anna M. Butcher was assigned as a staff nurse to Fort Belvoir, Virginia, in December, 1951; and

    Whereas, Anna M. Butcher enjoyed a long and distinguished career in the Army Nurse Corps, reaching the rank of Colonel before retiring; and

    Whereas, Col. Anna M. Butcher completed assignments with increasing responsibilities as staff nurse, head nurse or chief nurse at U. S. Army medical facilities in Korea, Vietnam, Germany and Japan, as well as at home in Kentucky, Alabama, Virginia and Washington, D. C.; and

    Whereas, Army Col. Anna M. Butcher’s last assignment before retiring was as Chief of the Department of Nursing at the U. S. Army Hospital in Fort Polk, Louisiana; and

    Whereas, Col. Anna M. Butcher was awarded a Bronze Star, Army Commendation Medal with two oak leaf clusters and a Meritorious Service Medal; and

    Whereas, Following her military career, Col. Anna M. Butcher returned home to her native Logan County where she cared for family and friends and continues to live and serve her community; and

    Whereas, It is the wish of the Legislature to commemorate the service Col. Butcher offered to her country and to the many sick and injured members of the military; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name a section of West Virginia Route 3 near Chapmanville, Logan County, West Virginia, lying between County Route 3/1 and County Route 3/16, consisting of approximately 1.2 miles and locally known as Smoke House Fork Crawley Creek Road, the “U. S. Army Colonel Anna M. Butcher Road”; and, be it

    Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the roadway containing bold and prominent letters proclaiming the road to be the “U. S. Army Colonel Anna M. Butcher Road”; and, be it

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

    With the recommendation that the four committee substitutes be adopted.

                             Respectfully submitted,

                               Robert D. Beach,

                                 Chair.

    At the request of Senator Beach, unanimous consent being granted, the resolutions (Com. Sub. for S. C. R. Nos. 39, 43, 44 and 45) contained in the preceding report from the Committee on Transportation and Infrastructure were taken up for immediate consideration and considered simultaneously.

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

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

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

    Your Committee on Transportation and Infrastructure has had under consideration

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

    House Concurrent Resolution No. 12, The "Pendleton County Confederate Veterans Memorial Highway".

    Com. Sub. for House Concurrent Resolution No. 43, Dr. William Prudich Memorial Highway.

    And,

    Com. Sub. for House Concurrent Resolution No. 45, U. S. Army SFC Bob L. VandeLinde Bridge.

    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 (S. C. R. No. 48, H. C. R. No. 12, Com. Sub. for H. C. R. 43 and Com. Sub. for H. C. R. No. 45) contained in the preceding report from the Committee on Transportation and Infrastructure were taken up for immediate consideration and considered simultaneously.

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

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

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

    Your Committee on Pensions has had under consideration

    Eng. Com. Sub. for House Bill No. 4221, Permitting teachers under the State Teachers Retirement System to teach college level courses without loss of benefits.

    And,

    Eng. House Bill No. 4365, Relating to employer remittance and reporting of Teachers Retirement System member contributions to the retirement board.

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

                             Respectfully submitted,

                               Art Kirkendoll,

                                 Chair.

    At the request of Senator Kirkendoll, unanimous consent being granted, Engrossed Committee Substitute for House Bill No. 4221 contained in the preceding report from the Committee on Pensions was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.

    At the request of Senator Prezioso, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of Engrossed House Bill No. 4365 contained in the foregoing report from the Committee on Pensions.

    At the request of Senator Kirkendoll, and by unanimous consent, Engrossed House Bill No. 4365 was taken up for immediate consideration, read a first time and ordered to second reading.

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

    Your Committee on Pensions has had under consideration

    Eng. Com. Sub. for House Bill No. 4375, West Virginia Voluntary Employee Retirement Accounts Program.

    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,

                               Art Kirkendoll,

                                 Chair.

    At the request of Senator Kirkendoll, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4375) contained in the preceding report from the Committee on Pensions was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance, with an amendment from the Committee on Pensions 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

    House Concurrent Resolution No. 11, The "Pendleton County Union Veterans Memorial Bridge".

    And has amended same.

    Com. Sub. for House Concurrent Resolution No. 38, W. T. (Big Bill) Elswick Memorial Bridge.

    And has amended same.

    And,

    Com. Sub. for House Concurrent Resolution No. 56, Army SSG Jesse Adam Ault 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. 62, John W. Pyles Bridge.

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

                             Respectfully submitted,

                               Robert D. Beach,

                                 Chair.

    At the request of Senator Beach, unanimous consent being granted, the resolution (Com. Sub. for H. C. R. No. 62) contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration.

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

    The Senate proceeded to the sixth order of business.

    Senators Green and Jenkins offered the following resolution:

    Senate Concurrent Resolution No. 73--Requesting the Division of Highways to name bridge number 41-77-42.30 (41A226), carrying northbound traffic on U. S. I-77 over the West Virginia Route 16 Connector, at the South Beckley exit of the West Virginia Turnpike in Raleigh county, West Virginia, the “Arland W. Hatcher Memorial Bridge”.

    Whereas, Arland W. Hatcher was born in Fitzpatrick, Raleigh County, West Virginia, February 2, 1924; and

    Whereas, Arland W. Hatcher married Rachael Walker in Beckley, West Virginia, November 5, 1942, and the couple raised five children; and

    Whereas, Arland W. Hatcher entered the United States Army and served in the 37th Infantry as a combat military policeman during World War II; and

    Whereas, Arland W. Hatcher’s duties included service at New Caledonia, Guadalcanal, Bougainville, Luzon the Philippines and Japan; and

    Whereas, Arland W. Hatcher’s military duties at one time included protecting General Douglas MacArthur and the General’s home in the Philippines; and

    Whereas, Following the war, Arland W. Hatcher worked in Ohio and enjoyed such hobbies as working with wood, camping and golfing; and

    Whereas, Arland W. Hatcher died April 7, 2005; and

    Whereas, It is fitting that an enduring structure commemorate Arland W. Hatcher’s service to his country during World War II; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name bridge number 41-77-42.30 (41A226), carrying northbound traffic on U. S. I-77 over the West Virginia Route 16 Connector, at the South Beckley exit of the West Virginia Turnpike in Raleigh County, West Virginia, the “Arland W. Hatcher Memorial Bridge”; and, be it

    Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the road to be the “Arland W. Hatcher Memorial Bridge”; and, be it

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

    Which, under the rules, lies over one day.

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

    Senate Resolution No. 43--Memorializing the life and public service of a favored son, James Howard “Buck” Harless.

    Whereas, James Howard “Buck” Harless was born October 14, 1919, in Taplin, West Virginia, to Bessie Brown Harless and her husband Pearly J. Harless. Soon after his birth, his mother died of pneumonia, and he was taken in and raised by his mother’s sister Rosa and her husband George Erastis “Ras” Ellis of Gilbert; and

    Whereas, When James Howard “Buck” Harless was young, he was given the nickname “Buster” and townspeople referred to him as Buster Ellis. It was later that he came to be known as Buck Harless. Throughout his life he cherished the love and support he received from Ras and Rosa Ellis, whom he considered his mom; and

    Whereas, James Howard “Buck” Harless attended Gilbert public schools and graduated high school in 1937. During that time his first real job was working for George Crago, who operated a garage and wrecker service in Gilbert. He learned from George Crago a business philosophy of trust, honor and commitment to excellence through hard work and dedication to customer satisfaction; and

    Whereas, As a child of the Great Depression, James Howard “Buck” Harless yearned to attend college but was unable to fulfill that dream for lack of money; and

    Whereas, On February 25, 1939, James Howard “Buck” Harless eloped with his high school sweetheart June Montgomery, the beginning of a marriage that spanned sixty years and produced two children, Larry Joe and Judy. In the early years of their marriage he worked at Red Jacket Coal Corporation, first as a laborer and later in its engineering department. June Harless died in April, 1999; and

    Whereas, In 1947 James Howard “Buck” Harless was offered an opportunity to own a one-third interest in a small sawmill that was doomed to failure without proper management and operation. He dedicated himself to the task, bought out his partners in short order and made a success of the operation. This was the beginning of what was to become International Industries, Inc., a collection of diverse companies with a worldwide imprint; and

    Whereas, On January 23, 1955, a day that began with his feeling utterly alone and lost ended in tranquility and a sense of redemption when James Howard “Buck” Harless opened his heart to the Lord at the Gilbert Presbyterian Church. No other event had such a profound, lasting impact on his life; and

    Whereas, In 1966 Georgia Pacific Corporation purchased his lumber operations, making James Howard “Buck” Harless a multimillionaire at the age of forty-seven. Rather than retire, he acted on the suggestion of his son Larry, who worked with his father, to operate sawmills in South America. Against substantial odds, they succeeded where multinational companies failed; and

    Whereas, In the 1970s, along with friends - among them Fred Shewey and Frank Allara - James Howard “Buck” Harless entered the coal business in southern West Virginia. The timing was fortuitous because the price of coal soared to record highs, ensuring business success and adding greatly to his personal wealth. He also added multi-state manufacturing and real estate businesses to his enterprise family; and

    Whereas, Even though he oversaw wide-ranging business interests, James Howard “Buck” Harless served his church, community and state with dedication and commitment. He served on numerous boards and civic organizations. He supported West Virginia University and Marshall University in substantial ways. He provided many with the opportunity to attend college. While his philanthropic activities are well noted, the breadth and depth are known to but a few because he did not seek favor through his actions, but rather he tried to make a difference and use his wealth to serve the greater good; and

    Whereas, Former President George W. Bush credited James Howard “Buck” Harless with his election to the nation’s highest office, because Buck cast the two hundred seventieth electoral vote, providing the margin of victory in the Electoral College; and

    Whereas, Over the years, James Howard “Buck” Harless amassed a legion of friends, all of whom he held dearly in his heart. He considered friendship the most valuable thing that a person could have, and he felt more blessed with friends than with monetary wealth; and

    Whereas, James Howard “Buck” Harless passed away peacefully on January 1, 2014, with his wife Hallie by his side and surrounded by family; and

    Whereas, From a life of humble beginnings in rural West Virginia to the ends of the world, it is fitting to recognize and honor James Howard “Buck” Harless for his many community and philanthropic achievements and his dedication to his church, his community and his state; therefore, be it

    Resolved by the Senate:

    That the Senate hereby memorializes the life public service of a favored son, James Howard “Buck” Harless; and, be it

    Further Resolved, That the Senate expresses its sincere gratitude to James Howard “Buck” Harless for his everlasting contributions to the State of West Virginia; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the family of James Howard “Buck” Harless, including his wife Hallie of Gilbert; daughter Judith Ann Burgess of Murfreesboro, Tennessee; half-brothers Jimmy Harless and Earl Harless; stepsons Ryan Mollette and Brett Mollette; four grandchildren: James Harless II, and his wife Sjon Harless, of Flamingo Beach, Costa Rica and Mobile, Alabama, Maurice Kirk “M. K.” Harless, and his wife Paula Harless, of Mobile, Alabama, Beverly Burgess of Shelbyville, Tennessee, and Stephanie Burgess Palmer, and her husband Robert “Robby” Palmer, of Mobile, Alabama; and six great-grandchildren: James Howard “Trip” III, Hope, Chelsea, Kitty, Chase and Hannah.

    Which, under the rules, lies over one day.

Petitions

    Senator Sypolt presented a petition from Michael Kelley and thirty-eight West Virginia residents, opposing Senate Bill No. 534 (Increasing excise tax on cigarettes and other tobacco products).

    Referred to the Committee on Finance.

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

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

    Your Committee on Pensions has had under consideration

    Senate Concurrent Resolution No. 74 (originating in the Committee on Pensions)--Requesting the Joint Committee on Government and Finance study the inclusion of mental hygiene commissioners in the Public Employees Retirement System.

    Whereas, Mental hygiene commissioners are appointed and serve at the will and pleasure of the chief circuit judge of their judicial district; and

    Whereas, Mental hygiene commissioners provide valuable services to the State of West Virginia; and

    Whereas, Mental hygiene commissioners are not considered employees as currently defined in the Public Employees Retirement System (PERS)and are therefore not permitted to contribute to or receive benefits from PERS for their service as mental hygiene commissioners; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study the inclusion of mental hygiene commissioners in the Public Employees Retirement System; 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,

                               Art Kirkendoll,

                                 Chair.

    At the request of Senator Kirkendoll, unanimous consent being granted, the resolution (S. C. R. No. 74) contained in the preceding report from the Committee on Pensions was taken up for immediate consideration.

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

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

    Your Committee on Transportation and Infrastructure has had under consideration

    Senate Concurrent Resolution No. 75 (originating in the Committee on Transportation and Infrastructure)--Requesting the Joint Committee on Government and Finance to study providing each county commission authority to participate in the construction and maintenance planning of its roads and bridges and to impose taxes and provide for the financing of such transportation infrastructure construction.

    Whereas, Safe roads and bridges are vital and essential to West Virginia’s economic development and public health and safety; and

    Whereas, The West Virginia Department of Transportation is responsible for the sixth-largest state-maintained highway network in the nation based on roadway mileage; and

    Whereas, With approximately thirty-six thousand miles of public roads, West Virginia is one of only four states in which no local municipalities share ownership; and

    Whereas, State government is responsible for over ninety-two percent of public highways; and

    Whereas, Counties have no structure or mechanism for funding road maintenance; and

    Whereas, Providing county commissions with greater ability to influence road and bridge development in renovation and new construction may increase economic development and the safety of West Virginia’s transportation infrastructure; and

    Whereas, Alternative funding mechanisms are essential to developing and progressing road and bridge projects; and

    Whereas, Providing county commissions with the authority to impose taxes and fees to aid the construction and maintenance of transportation infrastructure could be one such alternative funding mechanism; and

    Whereas, The Legislature should consider giving county commissions authority to contribute to the improvement of West Virginia’s roads and bridges; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study providing each county commission authority to participate in the construction and maintenance planning of its roads and bridges and to impose taxes and provide for the financing of such transportation infrastructure construction; 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.

    Senate Concurrent Resolution No. 76 (originating in the Committee on Transportation and Infrastructure)--Requesting the Joint Committee on Government and Finance to study allowing municipalities to designate a special class of taxicabs that may be operated only during designated evening and early-morning hours and that may consist of personal vehicles.

    Whereas, West Virginia law prohibits the operation of a motor vehicle while under the influence of alcohol or drugs; and

    Whereas, The operation of a motor vehicle while under the influence of alcohol or drugs should be discouraged and safe transportation practices should be promoted; and

    Whereas, In many areas of West Virginia taxicabs are not readily available, particularly during evening and early-morning hours when persons under the influence of alcohol or drugs are most likely to seek to travel home; and

    Whereas, Permitting municipalities, by ordinance, to create a special class of taxicabs that may only operate during specific evening and early-morning hours when there is an increased transportation demand can promote the safety of West Virginians by providing them with an alternative to driving while under the influence of alcohol or drugs; and

    Whereas, Such special taxicabs would be allowed to be operated by owners using their personal vehicles, but these special taxicabs would be limited to operating during designated days and hours; and

    Whereas, Municipalities, by ordinance, would determine licensing and insurance requirements for this special class of taxicab and provide penalties for operating them outside of the authorized designated days and hours; and

    Whereas, The number of taxicabs in such newly designated class in any municipality would be limited; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study allowing municipalities to designate a special class of taxicabs that may be operated only during designated evening and early-morning hours and that may consist of personal vehicles; 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,

    Senate Concurrent Resolution No. 77 (originating in the Committee on Transportation and Infrastructure)--Requesting the Joint Committee on Government and Finance to study the policies on land uses within airport runway protection zones and issues of control over such zones.

    Whereas, The Federal Aviation Administration (FAA) in recent years has provided new guidance concerning airport runway protection zones (RPZ); and

    Whereas, A runway protection zone is a two-dimensional trapezoidal area at ground level prior to the threshold or beyond the runway end to enhance the safety and protection of people and property on the ground; and

    Whereas, Studies indicate that half of all general aviation accidents occur during take off or landing; and

    Whereas, RPZs are of prime concern to the protection of people and property as well as to maintaining full utility of airport facilities; and

    Whereas, The FAA recommends that airport owners own the property under the runway approach and departure areas to at least the limits of the RPZ; and

    Whereas, The FAA Office of Airports must evaluate and approve

any proposed land use located within the limits of land controlled by the airport owner of an existing or future RPZ that is not specifically allowed; and

    Whereas, Federal funding and safety should not be jeopardized through noncompliance with RPZs; and

    Whereas, Control over land comprising RPZs by West Virginia airports is of the utmost importance; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study the policies on land uses within airport runway protection zones and issues of control over such zones; 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 they each be adopted; but with the further recommendation that they first be referred to the Committee on Rules.

                             Respectfully submitted,

                               Robert D. Beach,

                                 Chair.

    At the request of Senator Beach, unanimous consent being granted, the resolutions (S. C. R. Nos. 75, 76 and 77) contained in the preceding report from the Committee on Transportation and Infrastructure were taken up for immediate consideration.

    On motion of Senator Beach, the resolutions were referred to the Committee on Rules.

    The Senate proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 72, Requesting DOH name bridge on Rt. 16, War, McDowell County "Army SFC Anthony Baron PTSD Awareness Bridge".

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

    Pending announcement of meetings of standing committees of the Senate, including majority and minority party caucuses,

    On motion of Senator Unger, the Senate recessed until 5 p.m. today.

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

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

    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, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--31.

    The nays were: None.

    Absent: Blair, Facemire and M. Hall--3.

    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. 344) 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, Fitzsimmons, Green, D. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--31.

    The nays were: None.

    Absent: Blair, Facemire and M. Hall--3.

    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. 344) takes effect from passage.

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

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

    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, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--31.

    The nays were: None.

    Absent: Blair, Facemire and M. Hall--3.

    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. 345) 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, Fitzsimmons, Green, D. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--31.

    The nays were: None.

    Absent: Blair, Facemire and M. Hall--3.

    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. 345) takes effect from passage.

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

    Eng. Com. Sub. for 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.

    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, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--31.

    The nays were: None.

    Absent: Blair, Facemire and M. Hall--3.

    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. 4384) passed.

    At the request of Senator Plymale, as chair of the Committee on Education, and by unanimous consent, the unreported Education committee amendment to the title of the bill was withdrawn.

    On motions of Senators Plymale and Tucker, the following amendment to the title of the bill was reported by the Clerk and adopted:

    Eng. Com. Sub. for House Bill No. 4384--A Bill to amend and reenact §18-20-1c of the Code of West Virginia, 1931, as amended, relating to education of exceptional children; requiring processes for certain other teachers of students with exceptional needs to either participate in the meeting to develop or document reading and understanding of the student’s individualized education program; and requiring accommodations and modifications if needed or identified.

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

    The Senate proceeded to the ninth order of business.

    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.

    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. 4151, Relating to military members and their spouses who obtain licensure through professional boards.

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

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

    On page four, section two, line one, by striking out “(a)”;

    On page four, section two, line one, after the word “eight” by inserting the words “of this article”;

    On page five, section three, line seven, after the words “subsection (b)” by inserting the words “of this section”;

    On page six, section four, line eight, after the words “subsection (b)” by inserting the words “of this section”;

    And,

    On pages nine and ten, section seven, by striking out all of lines one through eight and inserting in lieu thereof the following:

    (a) The boards referred to in this chapter shall require an applicant to state on the application form that he or she is an active duty member of the armed forces of the United States or is a spouse of an active duty member of the armed forces of the United States.

    (b) The boards referred to in this chapter shall include the following information in their annual reports, as required in section seventeen, article one of this chapter:

    (1) The number of licenses, certificates and/or registrations issued pursuant to this article;

    (2) The amount of fees waived pursuant to this article;

    (3) The number of persons who had continuing education requirements waived pursuant to this article; and

    (4) The number of temporary licenses issued pursuant to this article.

    The bill (Eng. Com. Sub. for H. B. No. 4151), as amended, was then ordered to third reading.

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

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

    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.

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

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

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

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

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

ARTICLE 2. WILDLIFE RESOURCES.

§20-2-28. When licenses or permits not required.

    Persons in the following categories are not required to obtain licenses or permits as indicated:

    (a) Bona fide resident landowners or their resident children, or resident parents, or bona fide resident tenants of the land may hunt, trap or fish on their own land during open season in accordance with the laws and rules applying to the hunting, trapping and fishing without obtaining a license, unless the lands have been designated as a wildlife refuge or preserve.

    (b) Any bona fide resident of this state who is totally blind may fish in this state without obtaining a fishing license. A written statement or certificate from a duly licensed physician of this state showing the resident to be totally blind shall serve in lieu of a fishing license and shall be carried on the person of the resident at all times while he or she is fishing in this state.

    (c) All residents of West Virginia on active duty in the armed forces of the United States of America, while on leave or furlough, may hunt, trap or fish in season in West Virginia without obtaining a license. Leave or furlough papers shall serve in lieu of any license and shall be carried on the person at all times while trapping, hunting or fishing.

    (d) In accordance with the provisions of section twenty-seven of this article, any resident sixty-five years of age or older before January 1, 2012, is not required to have a license to hunt, trap or fish during the legal seasons in West Virginia, but in lieu of the license the person shall at all times while hunting, trapping or fishing carry on his or her person a valid West Virginia driver’s license or nondriver identification card issued by the Division of Motor Vehicles.

    (e) Residents of the State of Maryland Except as otherwise provided for in this section, residents of states that share river borders with the State of West Virginia who carry hunting or fishing licenses valid in that state may hunt or fish from the West Virginia banks of the Potomac River without obtaining licenses, but the hunting or fishing shall be confined to the fish and waterfowl of the river proper and not on its tributaries: Provided, That the State of Maryland state shall first enter into a reciprocal agreement with the director extending a like privilege of hunting and fishing on the Potomac River from the Maryland banks of the river to licensed residents of West Virginia without requiring the residents to obtain Maryland that state’s hunting and fishing licenses.

    (f) Residents of the State of Ohio who carry hunting or fishing licenses valid in that state may hunt or fish on the Ohio River or from the West Virginia banks of the river without obtaining licenses, but the hunting or fishing shall be confined to fish and waterfowl of the river proper and to points on West Virginia tributaries and embayments identified by the director: Provided, That the State of Ohio shall first enter into a reciprocal agreement with the director extending a like privilege of hunting and fishing from the Ohio banks of the river to licensed residents of West Virginia without requiring the residents to obtain Ohio hunting and fishing licenses.

    (g) Any resident of West Virginia who was honorably discharged from the Armed Forces of the United States of America and who receives a veteran’s pension based on total permanent service-connected disability as certified to by the Veterans Administration may hunt, trap or fish in this state without obtaining a license. The director shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code setting forth the procedure for the certification of the veteran, manner of applying for and receiving the certification and requirements as to identification while the veteran is hunting, trapping or fishing.

    (h) Any disabled veteran who is a resident of West Virginia and who, as certified to by the Commissioner of Motor Vehicles, is eligible to be exempt from the payment of any fee on account of registration of any motor vehicle owned by the disabled veteran as provided in section eight, article ten, chapter seventeen-a of this code shall be permitted to hunt, trap or fish in this state without obtaining a license. The director shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code setting forth the procedure for the certification of the disabled veteran, manner of applying for and receiving the certification and requirements as to identification while the disabled veteran is hunting, trapping or fishing.

    (i) Any resident or inpatient in any state mental health, health or benevolent institution or facility may fish in this state, under proper supervision of the institution involved, without obtaining a fishing license. A written statement or certificate signed by the superintendent of the mental health, health or benevolent institution or facility in which the resident or inpatient, as the case may be, is institutionalized shall serve in lieu of a fishing license and shall be carried on the person of the resident or inpatient at all times while he or she is fishing in this state.

    (j) Any resident who is developmentally disabled, as certified by a physician and the Director of the Division of Health, may fish in this state without obtaining a fishing license. As used in this section, “developmentally disabled” means a person with a severe, chronic disability which:

    (1) Is attributable to a mental or physical impairment or a combination of mental and physical impairments;

    (2) Is manifested before the person attains age twenty-two;    (3) Results in substantial functional limitations in three or more of the following areas of major life activity:

    (A) Self-care;

    (B) Receptive and expressive language;

    (C) Learning;

    (D) Mobility;

    (E) Self-direction;

    (F) Capacity for independent living; and

    (G) Economic self-sufficiency; and

    (4) Reflects the person’s need for a combination and sequence of care, treatment or supportive services which are of lifelong or extended duration and are individually planned and coordinated.

    (k) A student eighteen years of age or younger receiving instruction in fly fishing in a public, private, parochial or Christian school in this state may fly fish in the state for catch and release only without obtaining a fishing license while under the supervision of an instructor authorized by the school.

    The bill (Eng. H. B. No. 4301), as amended, was then ordered to third reading.

    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.

    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 section and inserting in lieu thereof the following:

ARTICLE 6. MISCELLANEOUS PROVISIONS.

§60-6-26. Conditional discharge for first offense of certain offenses related to nonintoxicating beer or alcoholic liquor.

    (a) When a person pleads guilty to or is found guilty of a violation of subdivision (1), subsection (a), section nineteen, article sixteen, chapter eleven of this code; subsection (b), section nineteen, article sixteen, chapter eleven of this code; subsection (a), section twenty-two-a, article three of this chapter; subdivision (1), subsection (a), section twenty-four, article three-a of this chapter; subsection (b), section twenty-four, article three-a of this chapter; subsection (a) or (b), section twelve-a, article seven of this chapter; or subsection (a) or (b), section twenty-a, article eight of this chapter, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him or her on probation upon terms and conditions it considers appropriate, if the person has not previously been convicted of:

    (1) Any of the offenses contained in the code provisions referenced in this subsection; or

    (2) Any statute of the United States or of any state relating to underage purchase, consumption, sale, service or possession of nonintoxicating beer or alcoholic liquor.

    (b) If the person violates a term or condition of the probation, the court may enter an adjudication of guilt and proceed as otherwise provided by law.

    (c) Upon fulfillment of the terms and conditions of the probation, the court shall discharge the person and dismiss the proceedings against him or her.

    (1) Discharge and dismissal under this section is without adjudication of guilt and is not a conviction for purposes of this section or the section of the original charge, or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.

    (2) The effect of the discharge and dismissal is to restore the person in contemplation of law to the status he or she occupied prior to arrest and trial.

    (3) A person to whom a discharge and dismissal have been effected under this section may not be found guilty of perjury, false swearing or otherwise giving a false statement by reason of his or her failure to disclose or acknowledge his or her arrest or trial relating to a charge discharged and dismissed by this section in response to any inquiry made of him or her for any purpose.

    (d) There may be only one discharge and dismissal under this section with respect to any one person.

    (e) After a period of not less than six months after the expiration of a term of probation imposed upon a person under the provisions of this section, the person may apply to the court for an order to expunge from all official records all recordations of his or her arrest, trial and discharge pursuant to this section. If the court determines after a hearing that the person during the period of his or her probation and during the period prior to his or her application to the court under this subsection has not been guilty of any serious or repeated violation of the conditions of his or her probation, it shall order the expungement.

    (f) Notwithstanding any provision of this code to the contrary, any person prosecuted for an alleged violation of an offense listed in subsection (a) of this section, whose case is disposed of pursuant to the provisions of this section, is liable for all court costs assessable against a person convicted of a violation of the section under which the person was prosecuted. Payment of the costs may be made a condition of probation. The costs assessed pursuant to this section, whether as a term of probation or not, shall be distributed as other court costs in accordance with section two, article three, chapter fifty of this code; section four, article two-a, chapter fourteen of this code; section four, article twenty-nine, chapter thirty of this code; and sections two, seven and ten, article five, chapter sixty-two of this code.

    The bill (Eng. Com. Sub. for H. B. No. 4402), as amended, was then ordered to third reading.

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

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

    Eng. House Bill No. 4437, Relating to the Division of Juvenile Services.

    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:

    On page four, section six-b, lines one through seven, by striking out all of subsection (a) and inserting in lieu thereof a new subsection, designated subsection (a), to read as follows:

    (a) There is hereby established a special revenue account in the State Treasury for each juvenile benefit fund established by the director. Moneys received by an institution for deposit in an juvenile benefit fund shall be deposited with the State Treasurer to be credited to the special revenue account created for the institution’s juvenile benefit fund. Moneys in a special revenue account established for a juvenile benefit fund may be expended by the institution for the purposes set forth in this section.

    The bill (Eng. H. B. No. 4437), as amended, was then ordered to third reading.

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

    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. 4067, Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules.

    Eng. House Bill No. 4154, Fixing a technical error relating to the motor fuel excise tax.

    Eng. House Bill No. 4159, Updating the meaning of federal adjusted gross income and certain other terms.

    Eng. Com. Sub. for House Bill No. 4188, Updating the authority and responsibility of the Center for Nursing.

    Eng. Com. Sub. for House Bill No. 4304, Providing rules for motor vehicles passing bicycles on roadways.

    Eng. House Bill No. 4457, Authorizing a legislative rule for the Council of Community and Technical College Education regarding WV EDGE program.

    Eng. House Bill No. 4488, Eliminating the requirement for notarization of the articles of incorporation for cooperative associations.

    And,

    Eng. House Bill No. 4618, Establishing transformative system of support for early literacy.

    Without objection, the Senate returned to the third order of business.

    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, and requested the concurrence of the Senate in the House of Delegates amendments, as to

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

    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 following:

ARTICLE 6. WEST VIRGINIA INVESTMENT MANAGEMENT BOARD.

§12-6-2. Definitions.

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

    (1) “Beneficiaries” means those individuals entitled to benefits from the participant plans;

    (2) “Board” means the governing body for the West Virginia Investment Management Board and any reference elsewhere in this code to Board of Investments or West Virginia Trust Fund means the board as defined in this subdivision;

    (3) “401(a) plan” means a plan which is described in Section 401(a) of the Internal Revenue Code of 1986, as amended, and with respect to which the board has been designated to hold assets of the plan in trust pursuant to the provisions of section nine-a of this article;

    (4) “Local government funds” means the moneys of a political subdivision, including Policemen’s Pension and Relief Funds, Firemen’s Pension and Relief Funds and volunteer fire departments, transferred to the board for deposit;

    (5) “Participant plan” means any plan or fund subject now or hereafter to subsection (a), section nine-a of this article;

    (6) “Political subdivision” means and includes a county, municipality or any agency, authority, board, county board of education, commission or instrumentality of a county or municipality and regional councils created pursuant to the provisions of section five, article twenty-five, chapter eight of this code;

    (7) “Trustee” means any member serving on the West Virginia Investment Management Board: Provided, That in section nine-a of this article in which the terms of the trusts are set forth, “trustee” means the West Virginia Investment Management Board;

    (8) “Securities” means all bonds, notes, debentures or other evidences of indebtedness and other lawful investment instruments forms and types of investments, financial instruments or financial transactions which may be considered prudent for investment by the board under section eleven of this article; and

    (9) “State funds” means all moneys of the state which may be lawfully invested except the “school fund” established by section four, article XII of the state Constitution.

§12-6-11. Standard of care and investment requirements; disclosure of information.

    (a) Any investments made under this article shall be made in accordance with the provisions of the “Uniform Prudent Investor Act” codified as article six-c, chapter forty-four of this code and is further subject to the following requirements:

    (a) (1) Trustees shall discharge their duties with respect to the 401(a) plans for the exclusive purpose of providing benefits to participants and their beneficiaries;

    (b) (2) Trustees shall diversify fund investment so as to minimize the risk of large losses unless, under the circumstances, it is clearly prudent not to do so;

    (c) (3) Trustees shall defray reasonable expenses of investing and operating the funds under management; and

    (d) (4) Trustees shall discharge their duties in accordance with the documents and instruments governing the trusts or other funds under management insofar as the documents and instruments are consistent with the provisions of this article.;

    (5) Trustees, at the annual meeting required in subsection (h), section three of this article, shall review, establish and modify, if necessary, the investment objectives of the individual participant plans as incorporated in the investment policy statements of the respective trusts so as to provide for the financial security of the trust funds giving consideration to the following:

    (A) Preservation of capital;

    (B) Diversification;

    (C) Risk tolerance;

    (D) Rate of return;

    (E) Stability;

    (F) Turnover;

    (G) Liquidity; and

    (H) Reasonable cost of fees;

    (6) The board may invest in a private real estate fund, a private equity fund or a hedge fund only if the investment satisfies the following conditions:

    (A) A professional, third-party fiduciary investment adviser registered with the Securities and Exchange Commission under the Investment Advisors Act of 1940, as amended, recommends the investment;

    (B) The board or a committee designated by the board approves the investment;

    (C) The board’s ownership interest in the fund will be less than forty percent of the fund’s assets at the time of acquisition;

    (D) The combined investment of institutional investors, other public sector entities and educational institutions and their endowments and foundations in the fund is equal to or greater than fifty percent of the board’s total investment in the fund at the time of acquisition; and

    (E) The largest investment of such fund is not greater than forty percent of the fund’s assets at the time of acquisition; and

    (7) The total assets of the private real estate fund, private equity fund or hedge fund shall be used in calculating the percentage requirements and limitations set forth in subdivision (6) of this subsection without regard to any particular investment vehicle in which assets may be held pending investment.

    (b) If the standard confidentiality agreements, policies or procedures of any firm, company or organization through which the board invests in securities prohibit, restrict or limit the disclosure of information pertaining to the securities, the information is exempt from disclosure, under the provisions of chapter twenty-nine-b of this code or otherwise, to the extent of the prohibitions, restrictions or limitations.

    (e) (c) The duties of the board apply only with respect to those assets deposited with or otherwise held by it.;

    And,

    By striking out the title and substituting therefor a new title, to read as follows:

    Eng. Com. Sub. for Com. Sub. for Senate Bill No. 499--A Bill to repeal §12-6-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §12-6-2 and §12-6-11 of said code, all relating to investment of moneys by the West Virginia Investment Management Board; modifying the definition of the term “securities”; continuing the prudent investor standard of care set forth in the West Virginia Uniform Prudent Investor Act as the primary standard of care for the trustees of the West Virginia Investment Management Board; removing certain restrictions on investments by the Investment Management Board; limiting disclosure of information; and restating and adding certain restrictions on investments by the West Virginia Investment Management Board.

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

    Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 499, as amended by the House of Delegates, was then put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--29.

    The nays were: Boley--1.

    Absent: Blair, Facemire, M. Hall and Snyder--4.

    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 Com. Sub. for S. B. No. 499) passed with its House of Delegates amended title.

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

    The Senate again 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 3rd day of March, 2014, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:

    (S. B. No. 402), Permitting recovery of service charge and fees charged to Tax Commissioner by financial institutions.

    (S. B. No. 443), Relating to SPRS.

    (S. B. No. 444), Relating to PERS.

    And,

    (S. B. No. 452), Relating to TRS annuity calculation of member with reciprocal service credit.

                             Respectfully submitted,

                               Donald H. Cookman,

                                 Chair, Senate Committee.

                               Danny Wells,

                                 Chair, House Committee.

    Senator Tucker, from the Committee on Banking and Insurance, submitted the following report, which was received:

    Your Committee on Banking and Insurance has had under consideration

    Senate Concurrent Resolution No. 78 (originating in the Committee on Banking and Insurance)--Requesting the Joint Committee on Government and Finance study improving borrowing terms of banks lending to insurance companies in West Virginia.

    Whereas, Banks have been authorized to lend to insurance companies since 1932 but banks do not have the same protection as secured creditors to insurance companies under state laws as they do to depository institutions under the Federal Deposit Insurance Act; and

    Whereas, The recent financial crises have shown both the importance of access to liquidity for healthy financial companies and also the importance of secured creditors’ rights in capital market transactions; and

    Whereas, To benefit both the banks and the insurance companies operating in West Virginia, legislation may be required to improve the borrowing terms, including conforming state insolvency provisions governing insurance companies to similar federal provisions and changing the liquidity collateral requirements; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study improving borrowing terms of banks lending to insurance companies in West Virginia; 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,

                               Gregory A. Tucker,

                                 Chair.

    At the request of Senator Tucker, unanimous consent being granted, the resolution (S. C. R. No. 78) contained in the preceding report from the Committee on Banking and Insurance was taken up for immediate consideration.

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

    Senator Miller, from the Committee on Agriculture and Rural Development, submitted the following report, which was received:

    Your Committee on Agriculture and Rural Development has had under consideration

    Senate Concurrent Resolution No. 79 (originating in the Committee on Agriculture and Rural Development)--Requesting the Joint Committee on Government and Finance conduct a study of topics related to developing cottage food industries and small farms in West Virginia, focusing on raw milk, charcuterie, heritage chickens and other animals, goat farming and goat cheese, beekeeping, maple syrup and honey, high tunnel crops, niche crops and flowers, specialized aquaculture and hobby farming.

    Whereas, The term “cottage food industries” helps describe many of the small and local home-based food businesses that are cropping up throughout the country; and

    Whereas, Cottage foods started expanding in 2007 and throughout the Great Recession to help people find easier ways to make some additional income, with the side benefit of helping local economies; and

    Whereas, As the local food movement has become more popular, more states have added or improved cottage food laws to allow these small farm and home food businesses to exist legally; and

    Whereas, Most cottage food laws have limitations such as what types of products are allowed, where a business can sell and how much they can sell in a year; and

    Whereas, Consumer dollars spent on local cottage food industries stay in the state’s economy and continue to circulate, creating jobs and opportunities throughout our communities; and

    Whereas, Awareness of the importance of the security of and the availability of access to a reliable local supply of fresh, diverse and interesting food products is also now a consumer preference; and

    Whereas, Promoting the development of cottage food industries and small farms in West Virginia, with a focus on raw milk, charcuterie, heritage chickens and other animals, goat farming and goat cheese, beekeeping, maple syrup and honey, high tunnel crops, niche crops and flowers, specialized aquaculture and hobby farming, will help expand, diversify and improve the agriculture in the state; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to conduct a study of topics related to developing cottage food industries and small farms in West Virginia, focusing on raw milk, charcuterie, heritage chickens and other animals, goat farming and goat cheese, beekeeping, maple syrup and honey, high tunnel crops, niche crops and flowers, specialized aquaculture and hobby farming; 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,

                               Ronald F. Miller,

                                 Chair.

    At the request of Senator Miller, unanimous consent being granted, the resolution (S. C. R. No. 79) contained in the preceding report from the Committee on Agriculture and Rural Development was taken up for immediate consideration.

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

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

    Your Committee on the Judiciary has had under consideration

    Eng. House Joint Resolution No. 108, Nonprofit Youth Organization Tax Exemption Support Amendment.

    And has amended same.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

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

    Your Committee on Finance has had under consideration

    Eng. Com. Sub. for House Bill No. 4175, West Virginia Small Business Emergency Act.

    With amendments from the Committee on Economic Developement pending;

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    At the request of Senator Prezioso, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4175) 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.

    On motion of Senator Unger, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.

    On suspending the constitutional rule, the yeas were: Barnes, Beach, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--30.

    The nays were: None.

    Absent: Blair, Facemire, M. Hall and Snyder--4.

    The bill (Eng. Com. Sub. for H. B. No. 4175) was then read a second time.

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

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

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §5B-1-8, to read as follows:

ARTICLE 1. DEPARTMENT OF COMMERCE.

§5B-1-8. Financial assistance for small businesses during state of emergency.

    (a) The Department of Commerce is authorized to make short-term, low-interest loans available to small businesses located in counties listed in a state declaration of a state of emergency. The purpose of these loans is to mitigate the effects of business losses resulting from the conditions giving rise to the state of emergency where other forms of compensation or relief are not available.

    (b) For purposes of this section, an eligible, small business means a business with less than seventy-five full-time or full-time equivalent employees, operating lawfully within this state and in compliance with the state’s tax, unemployment compensation and workers’ compensation laws, and which meets the criteria specified by the Department of Commerce by rule for issuance of a loan.

    (c) The loan program provided by this section shall only be available when the Governor makes a written finding, following a declaration of a state of emergency by either the Governor or the Legislature, that a substantial portion of small businesses within the relevant counties require emergency financial assistance and authorizes the Department of Commerce to issue loans through this program.

    (d) Following the Governor’s finding and authorization, an eligible, small business may make application for an emergency assistance loan at any time within the duration of a state of emergency, declared pursuant section six, article five, chapter fifteen of this code, and up to ninety days after the termination of the state of emergency. The application shall be made to the division or office designated by the Secretary of Commerce to administer the loan program. Only one loan will be permitted to a business for losses arising out of a declared state of emergency and shall only be available to a business that is located within a county identified in the declaration of the state of emergency. Eligibility provisions of this subsection may apply to any state of emergency, declared by the Governor or the Legislature, that is in effect upon the effective date of this section, but in no event shall loans be made for business losses incurred or originating prior to January 1, 2014.

    (e) The principal amount of any loan provided under this section shall not exceed $15,000 and the interest rate of the loan shall be fixed at a rate equal to half of the federal prime interest rate published at the time of execution of a written agreement between the agency and the loan recipient. The period of duration for loans shall be not more than twenty-four months. The provision of loans is subject to the availability of funds and shall not exceed an aggregate amount of $2 million per declared state of emergency, unless a greater amount is authorized by subsequent appropriation of the Legislature.

    (f) Payments of interest on loans provided pursuant to this section shall be credited to the general fund of the state.

    (g) Loans will only be provided upon execution of a written agreement with the Department of Commerce, or with the authorized designee of the Secretary of Commerce. The duty to repay the principal and pay the interest constitutes a debt to the state. The Secretary of Commerce or his or her designated representative is authorized to enforce, by any legal means, the provisions of the written agreement and to pursue collection of any and all amounts due under the terms of the written agreement.

    (h) Following the effective date of this section, the Secretary of Commerce shall designate an office or division within the Department of Commerce to administer the loan program and shall, acting through the designated office or division, promulgate emergency rules and propose corresponding legislative rules for consideration and authorization by the Legislature to describe and delineate the manner in which application for loans will be submitted and reviewed, the criteria for approval of loan applications, including, but not limited to, the credit history of the applicant, and other provisions necessary for the efficient administration of this program.

    (i) When the Governor authorizes the Department of Commerce to issue loans hereunder following the declaration of a state of emergency, the Secretary of Commerce shall make a report to the Legislature’s joint committee at the conclusion of each fiscal year in which the loan program is in effect and loans are outstanding, regarding the number of businesses that have applied for loans, the number of loans approved, the amounts awarded, the number of employees affected thereby and a financial statement including the balance of funds available and the aggregate amount of principal and interest outstanding and due to the state.

    The bill, as amended, was ordered to third reading.

    Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 4175) was then read a third time and put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--30.

    The nays were: None.

    Absent: Blair, Facemire, M. Hall and Snyder--4.

    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. 4175) passed.

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

    Eng. Com. Sub. for House Bill No. 4175--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5B-1-8, relating to providing financial assistance to small businesses for losses arising during states of emergency; authorizing the Department of Commerce to provide short-term, low-interest loans to adversely affected small businesses; specifying eligibility criteria; requiring written finding by the Governor; establishing an application process and time period; setting limits on the aggregate and individual amounts of loans and their duration and quantity; accounting for interest collected on program loans; requiring written loan agreement; declaring legal obligation to the state; authorizing actions to recover delinquent loans; authorizing and requiring the filing of emergency and legislative rules; and requiring the filing of annual reports.

    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, Fitzsimmons, Green, D. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--30.

    The nays were: None.

    Absent: Blair, Facemire, M. Hall and Snyder--4.

    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. 4175) takes effect from passage.

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

    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. 4186, Relating to the procedures for issuing a concealed weapon license.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

    Your Committee on the Judiciary has had under consideration

    Eng. Com. Sub. for House Bill No. 4236, Sexual assault nurse examination network.

    With amendments from the Committee on Health and Human Resources pending;

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 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. 4256, Amending the annual salary schedule for members of the state police.

    Eng. Com. Sub. for House Bill No. 4270, Relating to salaries of service employees of the state camp and conference center known as Cedar Lakes Conference Center.

    And,

    Eng. Com. Sub. for House Bill No. 4425, Giving the Superintendent of State Police authority to hire additional staff.

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

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

    Your Committee on the Judiciary has had under consideration

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

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

    Your Committee on the Judiciary has had under consideration

    Eng. Com. Sub. for House Bill No. 4287, Administration of health maintenance tasks.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    Senator Tucker, from the Committee on Banking and Insurance, submitted the following report, which was received:

    Your Committee on Banking and Insurance has had under consideration

    Eng. Com. Sub. for House Bill No. 4290, Revising the regulatory structure of money transmitters and other entities.

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

                             Respectfully submitted,

                               Gregory A. Tucker,

                                 Chair.

    At the request of Senator Miller, as vice 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 Banking and Insurance.

    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. 4302, Relating to elections for public school purposes.

    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. 4363, Creating an informal dispute resolution process available to behavioral health providers.

    With an amendment from the Committee on Health and Human Resources pending;

    And has also amended same.

    And reports the same back with the recommendation that it do pass as amended by the Committee on Health and Human Resources to which the bill was first referred; and as last amended by the Committee on the Judiciary.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    Senator Miller, from the Committee on Agriculture and Rural Development, submitted the following report, which was received:

    Your Committee on Agriculture and Rural Development has had under consideration

    Eng. Com. Sub. for House Bill No. 4393, Creating the Dangerous Wild Animals Act.

    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,

                               Ronald F. Miller,

                                 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 Agriculture and Rural Development.

    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. 4409, Creating the Valued Employee Retention program.

    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.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4409) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on the Judiciary pending.

    Senator Tucker, from the Committee on Banking and Insurance, submitted the following report, which was received:

    Your Committee on Banking and Insurance has had under consideration

    Eng. Com. Sub. for House Bill No. 4432, Adopting Principle Based Reserving as the method by which life insurance company reserves are calculated.

    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,

                               Gregory A. Tucker,

                                 Chair.

    At the request of Senator Tucker, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4432) contained in the preceding report from the Committee on Banking and Insurance was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary.

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

    Your Committee on Finance has had under consideration

    Eng. Com. Sub. for House Bill No. 4496, Providing for the allocation of matching funds from future moneys deposited into the West Virginia Research Trust Fund.

    And has amended same.

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    Senator 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. 4503, Declaring certain claims against the state and its agencies to be moral obligations of the state.

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    The Senate proceeded to the twelfth order of business.

    Remarks were made by Senators Laird and D. Hall.

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

    On motion of Senator Unger, leaves of absence for the day were granted Senators Blair, M. Hall and Facemire.

    On motion of Senator Unger, the Senate adjourned until tomorrow, Tuesday, March 4, 2014, at 11 a.m.

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