Senate Daily Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2013

FIFTY-SIXTH DAY

____________

Charleston, W. Va., Tuesday, April 9, 2013

The Senate met at 11 a.m.

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

Prayer was offered by Dr. Gordon Fenlason, Assistant Pastor, Cross Lanes Bible Church, and Administrator, Cross Lanes Christian School, Cross Lanes, West Virginia.

Pending the reading of the Journal of Monday, April 8, 2013,

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

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

The Senate then proceeded to the third order of business.

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

Eng. Com. Sub. for Senate Bill No. 145, Amending election complaint procedures.

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

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

On page three, section fifty, line nineteen, after the word “chapter” by inserting the words “or Title III of the Help America Vote Act, Pub. L. 107-252”.

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

Engrossed Committee Substitute for Senate Bill No. 145, as amended by the House of Delegates, was then put upon its passage.

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

The nays were: None.

Absent: Blair--1.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 145) passed with its title.

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

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

Eng. Senate Bill No. 458, Permitting PEIA health plans to operate on calendar-year basis.

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 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.

§5-16-3. Composition of Public Employees Insurance Agency; appointment, qualification, compensation and duties of Director of Agency; employees; civil service coverage.

(a) The Public Employees Insurance Agency consists of the director, the Finance Board, the Advisory Board and any employees who may be authorized by law. The director shall be appointed by the Governor, with the advice and consent of the Senate, and serves at the will and pleasure of the Governor. The director shall have at least three years' experience in health or governmental health benefit administration as his or her primary employment duty prior to appointment as director. The director shall receive actual expenses incurred in the performance of official business. The director shall employ any administrative, technical and clerical employees required for the proper administration of the programs provided in this article. The director shall perform the duties that are required of him or her under the provisions of this article and is the Chief Administrative Officer of the Public Employees Insurance Agency. The director may employ a deputy director.

(b) Except for the director, his or her personal secretary, the Deputy Director and the Chief Financial Officer, all positions in the agency shall be included in the classified service of the civil service system pursuant to article six, chapter twenty-nine of this code.

(c) The director is responsible for the administration and management of the Public Employees Insurance Agency as provided in this article and in connection with his or her responsibility may make all rules necessary to effectuate the provisions of this article. Nothing in section four or five of this article limits the director's ability to manage on a day-to-day basis the group insurance plans required or authorized by this article, including, but not limited to, administrative contracting, studies, analyses and audits, eligibility determinations, utilization management provisions and incentives, provider negotiations, provider contracting and payment, designation of covered and noncovered services, offering of additional coverage options or cost containment incentives, pursuit of coordination of benefits and subrogation or any other actions which would serve to implement the plan or plans designed by the Finance Board. The director is to function as a benefits management professional and should avoid political involvement in managing the affairs of the Public Employees Insurance Agency.

(d) The director may, if it is financially advantageous to the state, operate the Medicare retiree health benefit plan offered by the agency based on a plan year that runs concurrent with the calendar year. Financial plans as addressed in section five of this article shall continue to be on a fiscal year basis.

(d) (e) The director should make every effort to evaluate and administer programs to improve quality, improve health status of members, develop innovative payment methodologies, manage health care delivery costs, evaluate effective benefit designs, evaluate cost sharing and benefit based programs, and adopt effective industry programs that can manage the long-term effectiveness and costs for the programs at the Public Employees Insurance Agency to include, but not be limited to:

(1) Increasing generic fill rates;

(2) Managing specialty pharmacy costs;

(3) Implementing and evaluating medical home models and health care delivery;

(4) Coordinating with providers, private insurance carriers and to the extent possible Medicare to encourage the establishment of cost effective accountable care organizations;

(5) Exploring and developing advanced payment methodologies for care delivery such as case rates, capitation and other potential risk-sharing models and partial risk-sharing models for accountable care organizations and/or medical homes;

(6) Adopting measures identified by the Centers for Medicare and Medicaid Services to reduce cost and enhance quality;

(7) Evaluating the expenditures to reduce excessive use of emergency room visits, imaging services and other drivers of the agency's medical rate of inflation;

(8) Recommending cutting-edge benefit designs to the Finance Board to drive behavior and control costs for the plans;

(9) Implementing programs to encourage the use of the most efficient and high-quality providers by employees and retired employees;

(10) Identifying employees and retired employees who have multiple chronic illnesses and initiating programs to coordinate the care of these patients;

(11) Initiating steps by the agency to adjust payment by the agency for the treatment of hospital acquired infections and related events consistent with the payment policies, operational guidelines and implementation timetable established by the Centers of Medicare and Medicaid Services. The agency shall protect employees and retired employees from any adjustment in payment for hospital acquired infections; and

(12) Initiating steps by the agency to reduce the number of employees and retired employees who experience avoidable readmissions to a hospital for the same diagnosis-related group illness within thirty days of being discharged by a hospital in this state or another state consistent with the payment policies, operational guidelines and implementation timetable established by the Centers of Medicare and Medicaid Services.

(e) (f) The director shall issue an annual progress report to the Joint Committee on Government and Finance on the implementation of any reforms initiated pursuant to this section and other initiatives developed by the agency.;

And,

Eng. Senate Bill No. 458--A Bill to amend and reenact §5-16-3 of the Code of West Virginia, 1931, as amended, relating health benefit plans; permitting the Director of the Public Employees Insurance Agency to operate the Medicare retiree health benefits plans on a calendar year; requiring certain conditions; and providing that financial plans shall continue to be on a fiscal year basis.

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

Engrossed Senate Bill No. 458, as amended by the House of Delegates, was then put upon its passage.

The nays were: None.

Absent: Blair--1.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 458) passed with its House of Delegates amended title.

Senator Unger moved that the bill take effect from passage.

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

The nays were: None.

Absent: Blair--1.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 458) takes effect from passage.

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

Executive Communications

Senator Kessler (Mr. President) laid before the Senate the following communication from His Excellency, the Governor:

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 8, 2013

Senate Executive Message No. 5

TO: The Honorable Members of the

West Virginia Senate

Ladies and Gentlemen:

I respectfully request that the following corrections be made from Senate Executive Message No. 2 dated February 18, 2013:

30. For Member, Fairmont State University Board of Governors, Dr. Chris Courtney, Bridgeport, Harrison County, for the term ending June 30, 2016.

31. For Member, Fairmont State University Board of Governors, Ron Tucker, Fairmont, Marion County, for the term ending June 30, 2016.

32. For Member, Fairmont State University Board of Governors, Mark Pallotta, Fairmont, Marion County, for the term ending June 30, 2016.

Thank you for correcting your records.

Sincerely,

Earl Ray Tomblin,

Governor.

Which communication was received and referred to the Committee on Confirmations.

The Senate proceeded to the fourth order of business.

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

Your Committee on Finance has had under consideration

Senate Bill No. 665 (originating in the Committee on Finance)--A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2013, in the amount of $6,500,000 from the Attorney General, Consumer Protection Recovery Fund, fund 1509, fiscal year 2013, organization 1500, and making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Attorney General, fund 0150, fiscal year 2013, organization 1500, and to the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2013, organization 0506, by supplementing and amending the appropriations for the fiscal year ending June 30, 2013.

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

Respectfully submitted,

Roman W. Prezioso, Jr.,

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

Senate Concurrent Resolution No. 38, Requesting Joint Committee on Government and Finance study Moving Ahead for Progress in 21st Century program.

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

Respectfully submitted,

Robert D. Beach,

Chair.

The resolution, under the original double committee reference, was then 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

Senate Resolution No. 24, Opposing US Supreme Court's interpretation of Constitution in Citizens United v. Federal Election Commission.

And reports back a committee substitute for same as follows:

Com. Sub. for Senate Resolution No. 24 (originating in the Committee on the Judiciary)--Calling upon the United States Congress to propose a constitutional amendment overturning the United States Supreme Court's Citizens United v. Federal Election Commission ruling and related cases.

Whereas, In 2010, the United States Supreme Court issued its ruling in Citizens United v. Federal Election Commission that enabled corporations and unions to spend unlimited amounts of money to influence the outcome of our elections; and

Whereas, A subsequent ruling, Speechnow.org v. Federal Election Commission, opened the door for individual donors to spend unlimited amounts as well; and

Whereas, The use of so-called Super PACs by wealthy individuals and special interests nationally has driven up the cost of elections to over $6 billion in the federal elections alone and reduced local voices in the democratic process; and

Whereas, In 2012, based upon Citizens United, the U. S. Supreme Court struck down a century-old long-standing Montana campaign finance law, denying states the right to regulate their elections in accordance with their experience of the corrupting influence of money in politics; and

Whereas, The people of West Virginia and all other states should have the power to limit by law the influence of money in their political systems; and

Whereas, On Election Day, 2012, over six million voters across the United States had the opportunity to vote on state and local ballot measures, including the states of Montana and Colorado, calling for a constitutional amendment to limit money in politics, including the entire states of Montana and Colorado, and all proposed resolutions passed with overwhelming and bipartisan support, averaging seventy-five percent of voters in favor; therefore, be it

Resolved by the Senate:

That the Senate calls upon the United States Congress to propose a constitutional amendment overturning the United States Supreme Court's Citizens United v. Federal Election Commission ruling and related cases; and, be it

Further Resolved, That the West Virginia Senate supports an amendment to the United States Constitution to establish that corporations and unions are not entitled to the same rights and protections as natural persons under the Constitution; and, be it

Further Resolved, That such an amendment should assure the power of the federal, state and local governments to limit, regulate and require disclosure of sources of all money spent to influence elections; and, be it

Further Resolved, That the West Virginia Senate requests that the West Virginia Congressional Delegation support such an amendment, work diligently towards its passage and vote at all stages to advance such legislation in the Congress; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Vice President of the United States and the President pro Tempore of the United States Senate, to the Speaker of the House of Representatives, to the majority and minority leaders of both houses of Congress and to each United States Senator and Member of the House of Representatives from West Virginia.

With the recommendation that the committee substitute be adopted.

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. 2046, Requiring wireless telecommunications companies to release location information of a missing person's cell phone in a timely manner; the "Kelsey Smith Act".

And has amended same.

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

Respectfully submitted,

Corey Palumbo,

Chair.

Senator 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. House Bill No. 2158, Relating to the provision of financially-related services by banks and bank holding companies.

And,

Eng. Com. Sub. for House Bill No. 2819, Relating to the financial oversight of entities regulated by the Insurance Commissioner.

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 the Judiciary.

Respectfully submitted,

Gregory A. Tucker,

Chair.

Engrossed House Bill No. 2158, under the original double committee reference, was then referred to the Committee on the Judiciary.

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 Engrossed Committee Substitute for House Bill No. 2819 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. Com. Sub. for House Bill No. 2351, Authorizing law enforcement to issue a charge by citation when making an arrest for driving with a suspended or revoked license.

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

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. 2399, Protecting livestock in dire or extreme condition.

And has amended same.

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

Respectfully submitted,

Ronald F. Miller,

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. 2431, Modifying the application process for obtaining a state license to carry a concealed deadly weapon.

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. 2453, Expanding the Amber Alert Plan; "SKYLAR'S LAW".

And has amended same.

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

Respectfully submitted,

Corey Palumbo,

Chair.

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

Your Committee on Military has had under consideration

Eng. Com. Sub. for House Bill No. 2490, Providing for the appointment of veterans advocates at state institutions of higher education.

And has amended same.

And,

Eng. Com. Sub. for House Bill No. 2491, Establishing a uniform policy for students enrolled in institutions of higher education who are called up for duty in the military.

And has amended same.

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

Respectfully submitted,

Erik P. Wells,

Chair.

At the request of Senator Wells, unanimous consent being granted, Engrossed Committee Substitute for House Bill No. 2490 contained in the preceding report from the Committee on Military 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 Education, with an amendment from the Committee on Military pending.

Engrossed Committee Substitute for House Bill No. 2491, under the original double committee reference, was then referred to the Committee on Education, with an amendment from the Committee on Education pending.

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

Your Committee on the Judiciary has had under consideration

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

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

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. 2508, Changing the capital investment threshold amount.

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

Respectfully submitted,

Roman W. Prezioso, Jr.,

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

Eng. Com. Sub. for House Bill No. 2513, Improving enforcement of drugged driving offenses.

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

Respectfully submitted,

Robert D. Beach,

Chair.

The bill, 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. 2514, Lowering the total amount of tax credits available under the Film Industry Investment Act.

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. 2516, Updating the meaning of federal adjusted gross income and certain other terms used in the West Virginia Personal Income Tax Act.

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

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

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

Your Committee on Government Organization has had under consideration

Eng. House Bill No. 2542, Relating to publication of the State Register.

And has amended same.

And,

Eng. Com. Sub. for House Bill No. 2979, Relating to broadband deployment projects.

And has amended same.

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

Respectfully submitted,

Herb Snyder,

Chair.

At the request of Senator Prezioso, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee references of the bills contained in the foregoing report from the Committee on Government Organization.

At the request of Senator Snyder, and by unanimous consent, the bills (Eng. H. B. No. 2542 and Eng. Com. Sub. for H. B. No. 2979) were each taken up for immediate consideration, read a first time and ordered to second reading.

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

Your Committee on the Judiciary has had under consideration

Eng. Com. Sub. for House Bill No. 2548, Increasing the criminal penalties for assaults and batteries against athletic officials.

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

Respectfully submitted,

Corey Palumbo,

Chair.

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

Your Committee on Government Organization has had under consideration

Eng. Com. Sub. for House Bill No. 2571, Relating to who may serve as members of the environmental quality board.

And has amended same.

And,

Eng. Com. Sub. for House Bill No. 2747, Relating to Open Governmental Proceedings.

And has amended same.

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

Respectfully submitted,

Herb Snyder,

Chair.

At the request of Senator Snyder, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. Nos. 2571 and 2747) contained in the preceding report from the Committee on Government Organization were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were then referred to the Committee on the Judiciary, with amendments from the Committee on Government Organization pending.

Senator 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. 2579, Revising state water quality standard for Selenium.

With an amendment from the Committee on Energy, Industry and Mining pending;

And has also amended same.

And reports the same back with the recommendation that it do pass as last amended by the Committee on the Judiciary.

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. 2608, Requiring appraisal management companies to be registered.

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,

Gregory A. Tucker,

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 Banking and Insurance.

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. 2762, Creating an exemption from licensure as an adjuster for certain individuals who conduct data entry into an automated claims adjudication system.

And has amended same.

And,

Eng. Com. Sub. for House Bill No. 2960, Providing for internal and external review of adverse health coverage determinations.

And has amended same.

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

Respectfully submitted,

Gregory A. Tucker,

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 references of the bills 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. Com. Sub. for House Bill No. 2805, Making the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program a permanent program.

And reports the same back with the recommendation that it do pass; but with the further recommendation that it 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. 2805) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration.

On motion of Senator Palumbo, the bill was referred to the Committee on Finance.

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

Your Committee on the Judiciary has had under consideration

Eng. Com. Sub. for House Bill No. 2806, Relating to administrative remedies for prisoners generally.

And has amended same.

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

Respectfully submitted,

Corey Palumbo,

Chair.

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

Your Committee on Government Organization has had under consideration

Eng. House Bill No. 2842, Clarifying that time-sharing plans, accommodations and facilities are subject to regulation by the Division of Land Sales and Condominiums.

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

Respectfully submitted,

Herb Snyder,

Chair.

At the request of Senator Snyder, unanimous consent being granted, the bill (Eng. H. B. No. 2842) contained in the preceding report from the Committee on Government Organization 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. 2913, Specifying procedures for adjusting payments to correct for an erroneous distribution of moneys dedicated, distributed or directed to a state or local governmental subdivision.

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 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. 3062, Removing the cap for collections into the land division special revenue account of the Department of Agriculture.

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,

Ronald F. Miller,

Chair.

The bill, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Agriculture and Rural Development pending.

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

Your Committee on the Judiciary has had under consideration

Eng. House Bill No. 3161, Repealing section relating to additional fee to be collected for each marriage license issued.

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

Respectfully submitted,

Corey Palumbo,

Chair.

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

The Senate proceeded to the sixth order of business.

Senators Williams, Laird, Unger, Kessler (Mr. President), D. Hall, Snyder, Jenkins, McCabe and Stollings offered the following resolution:

Senate Concurrent Resolution No. 44--Requesting the Joint Committee on Government and Finance to study the safeguarding of older West Virginians against abuse, fraud and financial exploitation; the strengthening of protection against such crimes through reviewing and updating state laws; how other states define financial exploitation and how we may integrate certain elements of such other states’ laws into West Virginia law; and whether current law provides county prosecutors with the tools they need to track down and expose scams having an impact on older West Virginians.

Whereas, Research shows that as many as two million older citizens are abused in the United States, and as a government, as a society and as individuals, we must increase our efforts to ensure that all older West Virginians age with dignity and honor; and

Whereas, The majority of exploiters and abusers are strangers, such as telemarketing scammers going after credit card or Social Security numbers, paid caregivers or “sweethearts” – con artists who prey on lonely elderly; after that, it is friends, neighbors or family members; and then it is unscrupulous professionals, such as accountants, financial planners, bankers, lawyers, physicians and contractors; and

Whereas, The West Virginia Legislature is working to help safeguard older West Virginians against abuse, fraud and financial exploitation; and

Whereas, The National Center on Elder Abuse and the West Virginia Financial Exploitation Workgroup works to provide up-to-date information regarding research, training, best practices, news and resources on elder abuse, neglect and financial exploitation; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the safeguarding of older West Virginians against abuse, fraud and financial exploitation; the strengthening of protection against such crimes through reviewing and updating state laws; how other states define financial exploitation and how we may integrate certain elements of such other states’ laws into West Virginia law; and whether current law provides county prosecutors with the tools they need to track down and expose scams having an impact on older West Virginians; and, be it

Further Resolved, That the assistance of the National Center on Elder Abuse and the West Virginia Financial Exploitation Workgroup be requested in carrying out this study; and, be it

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

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

Which, under, the rules, lies over one day.

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

Senate Resolution No. 61--Congratulating the Cabell Midland High School Show Choir, Rhythm in Red, for winning the 2013 West Virginia Music Educators Association State Show Choir Championship.

Whereas, Over the decades, high school glee clubs have evolved into sophisticated show choirs featuring both song and choreographed dance numbers, and the competition is fierce among these talented and dedicated choirs; and

Whereas, This talent and dedication is evident in Rhythm in Red, Cabell Midland High School’s show choir, which was formed in the fall of 2003; and

Whereas, Extraordinary talent is a common element in the members of Cabell Midland’s Rhythm in Red Show Choir; and

Whereas, On March 23, 2013, the young men and women of Cabell Midland’s Rhythm in Red Show Choir took their skills and dedication to the West Virginia Music Educators Association State Show Choir Competition; and

Whereas, Cabell Midland’s Show Choir, Rhythm in Red, performed at the West Virginia Music Educators Association State Show Choir Competition, winning Grand Champion of Large Mixed Group, as well as Best Choral Sound, Best Show Design and Outstanding Choreography; and

Whereas, On March 25, 2013, Cabell Midland’s Show Choir, Rhythm in Red, appeared on the national Show Choir Ranking System as the 21st best high school show choir in the United States; and

Whereas, Cabell Midland’s Show Choir, Rhythm in Red, is the only nationally ranked show choir from the Great State of West Virginia; and

Whereas, Under the astute leadership of their director, Leslie Riedel, these singers and dancers have brought joy to the many people who have had the opportunity to witness their performances; therefore, be it

Resolved by the Senate:

That the Senate hereby congratulates the Cabell Midland High School Show Choir, Rhythm in Red, for winning the 2013 West Virginia Music Educators Association State Show Choir Championship; and, be it

Further Resolved, That the Senate applauds the extraordinary talents of Cabell Midland’s Rhythm in Red Show Choir Director, Leslie Riedel, and the young men and women of the Cabell Midland High School Show Choir; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Cabell Midland High School’s Show Choir.

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

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

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

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

Senate Resolution No. 62--Congratulating the Cabell Midland Marching Knights for winning the inaugural West Virginia State Band Invitational.

Whereas, Music is an integral component of our heritage, helping people to communicate across national, cultural and social barriers, as well as uniting performers and audiences in a meaningful, shared experience; and

Whereas, The members of the Cabell Midland Marching Knights have imparted the richness and beauty of music to citizens throughout the area, and they have set an example worthy of emulation; and

Whereas, The Cabell Midland Marching Knights have worked diligently to share the beauty of music to its audiences, and its efforts have been truly inspirational; and

Whereas, As a cohesive group of dedicated and motivated individuals, the members of the Cabell Midland Marching Knights have earned a level of respect and recognition of which they can be proud; and

Whereas, The Cabell Midland Marching Knights have also been named Grand Champion of the Tri-State Band Festival during the 2012 and 2013 contests; and

Whereas, Under the astute leadership of their director, Timothy James, these musicians have brought joy to the many people who have had the opportunity to witness their performances; therefore, be it

Resolved by the Senate:

That the Senate hereby congratulates the Cabell Midland Marching Knights for winning the inaugural West Virginia State Band Invitational; and, be it

Further Resolved, That the Senate applauds the extraordinary talents of band director Timothy James and the young men and women of the Cabell Midland Marching Knights; and, be it

Further Resolved, That the Clerk is hereby directed to forward

a copy of this resolution to the Cabell Midland Marching Knights.

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

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

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

Petitions

Senator Williams presented a petition from Imogene Miller and one hundred Grant County senior citizens, requesting the Legislature to lift the freeze on the Aged and Disabled Medicaid Waiver Program.

Referred to the Committee on Health and Human Resources.

Senator Yost presented a petition from Linda West and forty Wheeling Health Right Free Clinic patients, opposing state budget cuts to Health Right Free Clinics.

Referred to the Committee on Health and Human Resources.

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

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. 45 (originating in the Committee on Banking and Insurance)--Requesting the Joint Committee on Government and Finance study future legislation relating to the financial solvency of volunteer and part-volunteer fire companies and departments throughout the State of West Virginia.

Whereas, In most areas of West Virginia, the citizens are dependent on their local volunteer or part-volunteer fire companies or departments for residential and commercial building fire protection; and

Whereas, Many of these volunteer or part-volunteer fire companies or departments are experiencing significant financial difficulties in paying for their operating costs, including truck fuel, personal protective equipment, educational and training supplies, replacement equipment, uniforms and vehicles and other authorized expenditures as described in section eight-b, article fifteen, chapter eight of the code; and

Whereas, Many of these volunteer or part-volunteer fire companies or departments are experiencing significant financial difficulties in paying for the departments’ workers’ compensation premiums and workers’ compensation coverage is required for certification by the State Fire Marshal; and

Whereas, The additional revenues provided to these volunteer or part-volunteer fire companies or departments by the policy surcharge authorized by section thirty-three, article three, chapter thirty-three of the code, is reported to be insufficient to adequately support the maintenance of these fire companies or departments; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study future legislation relating to the financial solvency of volunteer and part-volunteer fire companies and departments throughout the State of West Virginia; and, be it

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. 45) 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. 46 (originating in the Committee on Agriculture and Rural Development)--Requesting the Joint Committee on Government and Finance study the distribution of power to rural communities and prioritization for farms and agricultural businesses during power outages.

Whereas, There are over 22,500 farms in the state; and

Whereas, Farms and agricultural products and their value added account for almost $1 billion in economic impact to the state; and

Whereas, The majority of the farms and agricultural businesses are located in and support rural economies; and

Whereas, Power supply to the rural areas, and the farms and agricultural businesses in particular, is an important tool for the economic success of these businesses; and

Whereas, Power supply restoration after a power outage is critical to these industries, which have products like chickens, fish, other animals and plants that will be lost and cause great economic loss if power is not restored in a timely manner; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the distribution of power to rural communities and prioritization for farms and agricultural businesses during power outages; and, be it

And,

Senate Concurrent Resolution No. 47 (originating in the Committee on Agriculture and Rural Development)--Requesting the Joint Committee on Government and Finance study the cultivation of the meat processing industry in the state, including addressing workforce development needs, technical support for processors and overcoming regulatory hurdles.

Whereas, The Legislature recognizes a rising and existing consumer-driven market interested in purchasing locally raised and naturally raised meats, which typically sell at higher prices than conventional meats; and

Whereas, The market value of West Virginia livestock, poultry and their associated products sold annually was over $513 million during the most recent census of agricultural products; and

Whereas, The cash receipts of cattle and calves totaled $136,736,000, hogs totaled $898,000 and miscellaneous livestock (including sheep, lambs, goats, kids and others) totaled $11,910,000 for West Virginia farmers in 2011, and total sales (including poultry) from livestock products totaled $460,301,000 in that year; and

Whereas, One study finds that 7.4 jobs are created for every 1,000 cattle sent to small meat processing facilities; and

Whereas, One study found that if all of West Virginia's meat and pork was processed within the state, the meat processing industry could employ 2,585 skilled and well-paid workers; and

Whereas, It has been shown that smaller meat processing facilities produce more jobs per $1 million in meat product output than large facilities; and

Whereas, The number of meat processing facilities in the state has declined by forty percent since 1981, from thirty-five commercial plants to twenty-one commercial plants in 2012; and

Whereas, The declining number of inspected meat slaughter and processing facilities is impacting farmers’ and producers' ability to meet rising and existing consumer-driven market demand for locally raised meats and the inherent success of a local meat production program depends on the availability of professional processing facilities; and

Whereas, A recent survey found that nearly half of meat slaughter and processing facilities are interested in training programs to improve their business and workforce; and

Whereas, The Legislature recognizes the importance of strengthening our local and regional food systems for local and regional economic development; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the cultivation of the meat processing industry in the state, including addressing workforce development needs, technical support for processors and overcoming regulatory hurdles; and, be it

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,

Ronald F. Miller,

Chair.

At the request of Senator Miller, unanimous consent being granted, the resolutions (S. C. R. Nos. 46 and 47) contained in the preceding report from the Committee on Agriculture and Rural Development were taken up for immediate consideration.

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

The Senate proceeded to the fifth order of business.

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

Your Select Committee on Children and Poverty has had under consideration

Senate Concurrent Resolution No. 48 (originating in the Select Committee on Children and Poverty)--Requesting the Joint Committee on Government and Finance study the availability of affordable housing in West Virginia; the effect of insufficient affordable housing on a child’s education; the best methods to increase availability of affordable housing to those in poverty with children; and potential sources of funding and financing for additional affordable housing.

Whereas, It is recognized that West Virginia lacks sufficient availability of affordable housing for the most impoverished of its citizens; and

Whereas, Those in poverty who face the greatest difficulties with locating safe, affordable housing are families with school-aged children; and

Whereas, The effects of a transient and unstable lifestyle are the greatest on and most detrimental to a child’s education; and

Whereas, Several entities exist that provide assistance in addressing this problem, including the West Virginia Housing Development Fund and the West Virginia Affordable Housing Trust Fund; and

Whereas, There are many options in funding additional affordable housing, many of which need further exploration and consideration; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the availability of affordable housing in West Virginia; the effect of insufficient affordable housing on a child’s education; the best methods to increase availability of affordable housing to those in poverty with children; and potential sources of funding and financing for additional affordable housing; and, be it

Further Resolved, That the Senate Select Committee on Children and Poverty, the West Virginia Housing Development Fund and the West Virginia Affordable Housing Trust Fund are requested to assist the Joint Committee on Government and Finance in its study of affordable housing availability; and, be it

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,

John R. Unger II,

Chair.

At the request of Senator Unger, unanimous consent being granted, the resolution (S. C. R. No. 48) contained in the preceding report from the Select Committee on Children and Poverty was taken up for immediate consideration.

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

The Senate proceeded to the eighth order of business.

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

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

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

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2314) passed.

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

Eng. Com. Sub. for House Bill No. 2314--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-6-9a, relating to authorizing a family court judge to order the emergency custody of a child in the physical custody of a party to an action or proceeding before the family court; requiring the Department of Health and Human Resources to immediately respond and assist the family court judge in emergency placement of the child; providing for circuit court order for department to file an investigative report; providing for termination of family court order; extending order of family court by filing petition; and providing additional procedures for department when a child is ordered taken into emergency custody.

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

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

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

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2361) passed with its title.

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

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

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

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2463) passed with its title.

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

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

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

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2471) passed.

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

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

Eng. Com. Sub. for Senate Bill No. 2471--A Bill to amend and reenact §15-5-6 and §15-5-19a of the Code of West Virginia, 1931, as amended, all relating to possession of firearms and ammunition during a declared state of emergency; prohibiting the restriction of lawful possession of a firearm or ammunition during a declared state of emergency; clarifying right to seize or confiscate lawfully possessed firearms or ammunition during a declared state of emergency; providing exceptions; providing a cause of action for the return of the firearms or ammunition; and establishing jurisdiction for actions.

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. 2521, Relating to the West Virginia Contraband Forfeiture Act.

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

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2521) passed.

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

Eng. Com. Sub. for House Bill No. 2521--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-7-705a, relating to the West Virginia Contraband Forfeiture Act; providing procedures for voluntary administrative forfeiture of forfeitable money used in or obtained through the illegal trafficking of controlled substances; establishing time frames; providing notice requirements; and providing for use of existing forfeiture law in contested cases.

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. 2553, Authorizing the Secretary of State to administratively dissolve certain business entities.

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

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2553) passed.

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

Eng. Com. Sub. for House Bill No. 2553--A Bill to amend and reenact §31B-8-809 of the Code of West Virginia, 1931, as amended; to amend and reenact §31B-10-1006 of said code; to amend and reenact §31D-14-1420 of said code; to amend and reenact §31D-15-1530 of said code; to amend and reenact §31E-13-1320 of said code; to amend and reenact §31E-14-1430 of said code; and to amend and reenact §59-1-2a of said code, all relating to the authority to conduct business in the state; authorizing the Secretary of State to administratively dissolve or revoke the certificate of authority of certain business entities; authorizing dissolution or revocation if certain business entities fail to pay fees imposed by law; requiring notice to a business entity by certified mail before dissolution or revocation due to failure to pay fees; permitting a bad check fee if certain payment by check or money order is rejected for certain reasons; authorizing dissolution or revocation if one or more professional licenses have been revoked and the license is or licenses are necessary for the continued operation of the business entity; and authorizing dissolution or revocation if the business entity is in default with the Bureau of Employment Programs.

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. 2585, Increasing the time to file a petition in response to notice of an increased assessment.

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

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2585) passed.

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

Eng. Com. Sub. for House Bill No. 2585--A Bill to amend and reenact §11-3-15c and §11-3-15d of the Code of West Virginia, 1931, as amended, relating to increasing the time to file a petition for review or appeal in response to a notice of an increased assessment of certain real and personal property; and defining business day.

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. 2652, Authorizing the Department of Administration to promulgate legislative rules.

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

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2652) passed with its title.

Senator Unger moved that the bill take effect from passage.

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

The nays were: None.

Absent: None.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2652) takes effect from passage.

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

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

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

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2729) passed with its title.

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

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

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

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2858) passed with its title.

Senator Unger moved that the bill take effect from passage.

The nays were: None.

Absent: None.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2858) takes effect from passage.

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

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

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

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2923) passed with its title.

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

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

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

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2940) passed with its title.

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

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

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

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 3028) passed with its title.

Senator Unger moved that the bill take effect from passage.

The nays were: None.

Absent: None.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 3028) takes effect from passage.

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

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

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

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 3086) passed.

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

Eng. Com. Sub. for House Bill No. 3086--A Bill to repeal §28-3-1a, §28-3-1b, §28-3-2, §28-3-4, §28-3-5, §28-3-6, §28-3-7, §28-3-8, §28-3-9, §28-3-10, §28-3-11, §28-3-12, §28-3-13, §28-3-14, §28-3-15, §28-3-16, §28-3-17 and §28-3-18 of the Code of West Virginia, 1931, as amended; to amend and reenact §25-1-3 of said code; and to amend and reenact §28-3-1 of said code, all relating to state correctional and penal institutions; renaming the Industrial Home for Youth the Salem Correctional Center; transferring control of the Salem Correctional Center to the Division of Corrections; and authorizing the Parkersburg Correctional Center and placing it under the control of the Division of Corrections.

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

The nays were: None.

Absent: None.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 3086) takes effect July 1, 2013.

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

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

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

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 3104) passed with its title.

Senator Unger moved that the bill take effect from passage.

The nays were: None.

Absent: None.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 3104) takes effect from passage.

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

The Senate proceeded to the ninth order of business.

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

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. 2395, Relating to senior 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:

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

ARTICLE 5P. SENIOR SERVICES.

§16-5P-15. Establishment of In-Home Care Registry.

(a) There is established continued within the Bureau of Senior Services an in-home care worker registry which is to be maintained by the bureau. The purpose of the registry is to provide the public a list of in-home care workers, along with their qualifications, who voluntarily agree to be included and who have passed obtained a criminal background check.

(b) "In-home care worker" means an unlicensed person who provides personal care or other services and supports to persons with disabilities or to the elderly in order to enhance their well-being and which involves face-to-face direct contact with the person. Functions performed may include, but are not limited to, assistance and training in activities of daily living, personal care services, and job-related supports.

(c) The bureau shall propose rules for legislative approval during the 2014 legislative session in accordance with the provisions of article three, chapter twenty-nine-a of this code to establish the following:

(1) The registry of in-home care workers;

(2) The requirements for inclusion on the registry as an “in-home care worker”, including educational attainment;

(3) A fee schedule: of proposed rates for those services and supports provided by the in-home care worker based upon qualifications of the in-home care workers, such as educational attainment Provided, That the Commissioner of the Bureau of Senior Services shall waive the initial registration fee for the first sixty days the registration is active;

(4) Requirement of completion and passage of Requiring an applicant to obtain a state or federal criminal background check, as determined in legislative rule by the bureau; consisting of checking the National Instant Criminal Background Check System and the West Virginia criminal history record responses. If an in-home care worker is included on the list with a criminal history indicated on his or her criminal back ground check, that information shall be noted on the registry. The bureau may not remove a person from the registry if the criminal background check reveals any negative information;

(5) How a person obtains information from the registry; and

(6) Any other requirement necessary to implement the provisions of this section.

The bill (Eng. Com. Sub. for H. B. No. 2395), as amended, was then ordered to third reading.

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

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

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

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. 3003, Facilitating compliance with the Tobacco Master Settlement Agreement.

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

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

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

Pending announcement of meetings of standing committees of the Senate,

On motion of Senator Unger, the Senate recessed until 4:30 p.m. today.

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

Senator 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. 37, Requesting DOH name bridge in Hardy County "Army MSG 1SG Boyd 'Doc' Slater Memorial Bridge".

And reports back a committee substitute for same as follows:

Com. Sub. for Senate Concurrent Resolution No. 37 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name the bridge over Lost River on Corridor H near Wardensville, Hardy County, West Virginia, bridge number 16-55/20-24.56, the “Army 1SG Boyd ‘Doc’ Slater Memorial Bridge”.

Whereas, Boyd "Doc" Slater was born on August 1, 1930, in Winchester, Virginia, the son of the late Golda Wilkins Slater; and

Whereas, Boyd "Doc" Slater was raised in Mathias, Hardy County, and attended Hardy County public schools; and

Whereas, Boyd "Doc" Slater married Betty Funkhouser in Wardensville on June 8, 1955; and

Whereas, Boyd "Doc" Slater was a 21-year veteran of the U. S. Army, serving primarily with airborne units, flying on helicopters and working on them as a flight engineer and flight mechanic; and

Whereas, Boyd "Doc" Slater served two tours of duty in Korea and two tours of duty in Vietnam, and he was awarded two Bronze Stars and numerous other service medals, ribbons, citations and commendations during his distinguished 21-year career; and

Whereas, Boyd "Doc" Slater attained the rank of First Sergeant before retiring from the Army in 1969; and

Whereas, Boyd "Doc" Slater returned home to Hardy County and began a second career with the Division of Highways, putting the mechanical and maintenance skills he had learned in the Army to good use on behalf of the State of West Virginia; and

Whereas, Boyd "Doc" Slater rose to the position of Assistant County Superintendent before retiring from the Division of Highways in 1987; and

Whereas, Boyd "Doc" Slater was active in veterans’ affairs and was a member of VFW Post 2102 in Wardensville and American Legion Post 64 in Moorefield; and

Whereas, Sadly, Boyd “Doc” Slater passed away on April 28, 2011, at the age of eighty, leaving behind a wonderful legacy of service to his country and state, and having earned the love and respect of all who knew him; and

Whereas, Boyd “Doc” Slater is survived by his loving wife of fifty-five years, Betty Slater of Wardensville; three daughters, Charlotte Bowman of Wardensville, Carmen Sager of Mathias and Kathy McDaniel of Hedgesville; two grandchildren, Jennifer Sundstrom and Heather Bowman; and two great grandchildren, Elaina Bowman and Graham Sundstrom; and

Whereas, It is only fitting and proper that this bridge on Corridor H near Wardensville be named for Boyd "Doc" Slater, that we may honor his outstanding military service on behalf of a grateful nation, his dedicated service to the State of West Virginia and his many good works for the people of Hardy County; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name the bridge over Lost River on Corridor H near Wardensville, Hardy County, West Virginia, bridge number 16-55/20-24.56, the “Army 1SG Boyd ‘Doc’ Slater 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 “Army 1SG Boyd ‘Doc’ Slater 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 to Betty Slater, Charlotte Bowman, Carmen Sager and Kathy McDaniel.

With the recommendation that the committee substitute be adopted.

Respectfully submitted,

Robert D. Beach,

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. 2357, Relating to sexting by minors.

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

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

Your Committee on Education has had under consideration

Eng. Com. Sub. for House Bill No. 2360, Relating to public school support computation of local share.

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,

Robert H. Plymale,

Chair.

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

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

Your Committee on Pensions has had under consideration

Eng. House Bill No. 2469, Increasing the cap on earnings during temporary reemployment after retirement.

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,

Evan H. Jenkins,

Chair.

At the request of Senator Jenkins, unanimous consent being granted, the bill (Eng. H. B. No. 2469) 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 Plymale, from the Committee on Education, submitted the following report, which was received:

Your Committee on Education has had under consideration

Eng. Com. Sub. for House Bill No. 2470, Relating to sign support specialist or an educational sign language interpreter in the education of exceptional children.

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

Respectfully submitted,

Robert H. Plymale,

Chair.

At the request of Senator Plymale, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2470) contained in the preceding report from the Committee on Education 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.

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

Your Committee on Government Organization has had under consideration

Eng. Com. Sub. for House Bill No. 2497, Requiring applicants for real estate licensure to undergo criminal history record checks.

And has amended same.

Eng. Com. Sub. for House Bill No. 2531, Relating to the practice of speech-language pathology and audiology.

And has amended same.

Eng. Com. Sub. for House Bill No. 2603, Relating to the Family Protection Services Board.

And has amended same.

Eng. Com. Sub. for House Bill No. 2849, Relating to audits and investigations by the chief inspector of public offices.

And has amended same.

And,

Eng. Com. Sub. for House Bill No. 2964, Authorizing the mayor to appoint chiefs of police and deputy chiefs of police.

And has amended same.

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

Respectfully submitted,

Herb Snyder,

Chair.

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 Engrossed Committee Substitute for House Bill No. 2497 contained in the foregoing report from the Committee on Government Organization.

At the request of Senator Snyder, and by unanimous consent, Engrossed Committee Substitute for House Bill No. 2497 was taken up for immediate consideration, read a first time and ordered to second reading.

At the request of Senator Snyder, unanimous consent being granted, Engrossed Committee Substitute for House Bill Nos. 2531, 2603, 2849 and 2964 contained in the preceding report from the Committee on Government Organization were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were then referred to the Committee on the Judiciary, with amendments from the Committee on Government Organization pending.

Senator 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. 2512, Reforming the state Medicaid subrogation statute.

And has amended same.

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

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. Com. Sub. for House Bill No. 2519, Relating to reallocation and repatriation of certain funds to the General Revenue Fund.

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

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

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

Your Committee on the Judiciary has had under consideration

Eng. Com. Sub. for House Bill No. 2554, Providing a procedure for the Secretary of State to reinstate certificates of authority for foreign corporations.

And has amended same.

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

Respectfully submitted,

Corey Palumbo,

Chair.

Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:

Your Committee on Health and Human Resources has had under consideration

Eng. Com. Sub. for House Bill No. 2577, Relating to the practice of pharmacist care.

And has amended same.

And,

Eng. Com. Sub. for House Bill No. 2731, Regulating the performance of health maintenance tasks by unlicensed personnel.

And has amended the same.

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

Respectfully submitted,

Ron Stollings,

Chair.

At the request of Senator Stollings, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. Nos. 2577 and 2731) contained in the preceding report from the Committee on Health and Human Resources were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were then referred to the Committee on Government Organization, with amendments from the Committee on Health and Human Resources pending.

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

Your Committee on Government Organization has had under consideration

Eng. House Bill No. 2586, Relating to qualifications for a license to practice embalming.

And has amended same.

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

Respectfully submitted,

Herb Snyder,

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. 2626, Authorizing the Department of Military Affairs and Public Safety to promulgate Legislative Rules.

And has amended same.

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

Respectfully submitted,

Corey Palumbo,

Chair.

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

Your Committee on Education has had under consideration

Eng. Com. Sub. for House Bill No. 2727, Relating to the school aid formula.

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,

Robert H. Plymale,

Chair.

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

Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:

Your Committee on Health and Human Resources has had under consideration

Eng. Com. Sub. for House Bill No. 2738, Relating to the Center for Nursing.

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 Education.

Respectfully submitted,

Ron Stollings,

Chair.

The bill, under the original double committee reference, was then referred to the Committee on Education, with amendments from the Committee on Health and Human Resources pending.

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

Your Committee on Government Organization has had under consideration

Eng. Com. Sub. for House Bill No. 2825, Relating to certain appointive state officers salaries.

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

Respectfully submitted,

Herb Snyder,

Chair.

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

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

Your Committee on the Judiciary has had under consideration

Eng. Com. Sub. for House Bill No. 2866, Providing an exception to allow a resident of a dwelling house to discharge a firearm in a lawful manner within five hundred feet.

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

Respectfully submitted,

Corey Palumbo,

Chair.

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

Your Committee on Government Organization has had under consideration

Eng. House Bill No. 2968, Authorizing the use of an additional medium for use in archiving the records.

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

Respectfully submitted,

Herb Snyder,

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. 3135, Relating generally to voting system certification and procedures at the central counting center.

And has amended same.

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

Respectfully submitted,

Corey Palumbo,

Chair.

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

Your Committee on Education has had under consideration

Eng. Com. Sub. for House Bill No. 3157, Restoring the authority, flexibility, and capacity of schools and school systems to improve student learning.

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,

Robert H. Plymale,

Chair.

At the request of Senator Plymale, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 3157) contained in the preceding report from the Committee on Education 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 Education pending.

Pending announcement of meetings of standing committees of the Senate,

On motion of Senator Unger, the Senate adjourned until tomorrow, Wednesday, April 10, 2013, at 11 a.m.

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