Senate Daily Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2013

FIFTY-SEVENTH DAY

____________

Charleston, W. Va., Wednesday, April 10, 2013

The Senate met at 11 a.m.

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

Prayer was offered by Pastor Tim Valentine, Randolph Street Baptist Church, Charleston, West Virginia.

Pending the reading of the Journal of Tuesday, April 9, 2013,

On motion of Senator Prezioso, 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 concurrence by that body in the passage, to take effect July 1, 2013, of

Eng. Com. Sub. for Senate Bill No. 80, Including substitute teaching in job duties of certain professional educators employed by county boards.

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

Eng. Senate Bill No. 183, Updating terms in Corporation Net Income Tax Act.

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. 98--Requesting the Joint Committee on Government and Finance to study the feasibility of obtaining a waiver of the federal requirement relating to state/federal matching highway funds based on a proposed funding model; and to study the impact of increasing state sales and use tax to twelve percent and exempting food, clothing, prescription medicines, gasoline and special fuels from tax; and designating three percent of sales and use tax revenues to be used for highways and bridges and three percent of the revenues to be used for community and economic development as directed by the Legislature.

Referred to the Committee on Rules.

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

Com. Sub. for House Concurrent Resolution No. 102--Requesting that the Star City interchange at Exit 155 of Interstate 79 in Morgantown, Monongalia County, West Virginia be named the “Michael A. Oliverio, Sr. Interchange”.

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. 105--Requesting the Joint Committee on Government and Finance study the necessity of hiring additional fraud investigators for the Department of Health and Human Resources and the Medicaid Fraud Control Unit and where those investigators should be located.

Referred to the Committee on Rules.

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

Com. Sub. for House Concurrent Resolution No. 106--Requesting the Division of Highways to strive to attempt to identify a qualified sponsor and provide technical assistance in pursuing a Transportation Enhancement Grant to place and maintain markers at a trail of specific sites in West Virginia representing the locations photographed by O. Winston Link to highlight and celebrate the Norfolk and Western Railroad steam engine heritage in West Virginia and to name the trail of sites the “O. Winston Link Trail”.

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. 118--Requesting the Division of Highways to rename the bridge on High Street over Twelve Pole Creek in Ceredo, West Virginia, bridge number 50-60/4-0.10 the “U.S. Marine Corps PFC Daniel L. Edwards Memorial Bridge”.

Referred to the Committee on Transportation and Infrastructure.

Executive Communications

Senator Kessler (Mr. President) laid before the Senate the following communication from His Excellency, the Governor, regarding annual reports, which communication was received:

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 9, 2013

Senate Executive Message No. 6

The Honorable Jeffrey V. Kessler

President, West Virginia Senate

State Capitol

Charleston, West Virginia

Dear President Kessler:

Pursuant to the provisions of section twenty, article one, chapter five of the Code of West Virginia, I hereby certify that the following 2012-2013 annual reports have been received in the Office of the Governor:

Accountancy, West Virginia Board of

Aeronautics Commission, West Virginia Department of Transportation

Alternative and Renewable Energy Resources Research Fund, Division of Energy, West Virginia Department of Commerce

Architects, West Virginia Board of

Barbers and Cosmetologists, West Virginia Board of

Chiropractic, West Virginia Board of

Coal Mine Health and Safety, West Virginia Board of

Commercial Motor Vehicle Weight and Safety Enforcement Advisory Committee

Community Corrections Act, Governor's Committee on Crime, Delinquency and Correction, Division of Justice and Community Services, Department of Military Affairs and Public Safety

Consumer Advocate, Offices of the Insurance Commissioner, West Virginia Department of Revenue

Consumer Advocate Division, West Virginia Public Service Commission

Corrections, Division of, West Virginia Department of Military Affairs and Public Safety

Court of Claims, West Virginia

Court System, West Virginia Supreme Court of Appeals

Crime, Delinquency and Correction, Governor's Committee on, Law Enforcement Training Subcommittee, Division of Criminal Justice Services, West Virginia Department of Military Affairs and Public Safety

Death, Disability and Retirement Fund (Plan A) and State Police Retirement System (Plan B), Consolidated Public Retirement Board, West Virginia Department of Administration

Dental Examiners, West Virginia Board of (2010-2011 and 2011-2012)

Economic Development Authority, West Virginia

Energy, Division of, West Virginia Department of Commerce

Environmental Protection, West Virginia Department of

Equal Employment Opportunity, West Virginia Office of

Family Protection Services Board, Division of Justice and Community Services, West Virginia Department of Health and Human Services

Fire Marshal, State Fire Commission, West Virginia Department of Military Affairs and Public Safety

Funeral Service Examiners, West Virginia Board of

Health Facility Licensure and Certification, Office of Inspector General, West Virginia Department of Health and Human Resources

Health Insurance Plan (Access WV), Offices of the Insurance Commissioner, West Virginia Department of Revenue (2009, 2010, and 2011)

Human Rights Commission, West Virginia (2010-2011)

Insurance Commissioner, Offices of the, West Virginia Department of Revenue

Juvenile Justice and Delinquency Prevention, Division of Justice and Community Services, West Virginia Department of Military Affairs and Public Safety

Juvenile Services, Division of, West Virginia Department of Military Affairs and Public Safety

Law Enforcement Professional Standards Subcommittee, Governor’s Committee on Crime, Delinquency and Correction, Division of Justice and Community, West Virginia Department of Military Affairs and Public Safety

Logging Sediment Control Act, Division of Forestry, West Virginia Department of Commerce

Medical Imaging and Radiation Therapy Technology, West Virginia Board of

Medicine, West Virginia Board of, (Volumes I and II)

Mine Safety Technology Task Force, Office of Miners’ Health, Safety and Training, West Virginia Department of Commerce

Miners’ Health, Safety and Training, Office of, West Virginia Department of Commerce

Minority Affairs, Herbert Henderson Office of, Office of the Governor

Municipal Bond Commission, West Virginia

National Guard, West Virginia, Office of the Adjutant General

Natural Resources, Division of, West Virginia Department of Commerce

Neighborhood Investment Program, Development Office, West Virginia Department of Commerce

Nursing Home Administrators Licensing Board, West Virginia

Occupational Therapy, West Virginia Board of (2007-2012)

Parole Board, West Virginia Department of Military Affairs and Public Safety

Personnel, Division of, West Virginia Department of Administration

Physical Therapy, West Virginia Board of (2009-2011 and Biennium Report 2011-2012)

Planning and Development Council, Region 4

Professional Engineers of West Virginia, State Board of Registration for

Public Defender Services, West Virginia Department of Administration

Public Employees Grievance Board, West Virginia Department of Administration

Racing Commission, West Virginia

Real Estate Commission, West Virginia

Regional Intergovernmental Council, West Virginia, Region 3

Registered Professional Nurses, West Virginia Board of Examiners for (Biennium Report 2010-2012)

Research Trust Fund, West Virginia Higher Education Policy Commission

Risk and Insurance Management, Board of, West Virginia Department of Administration

Sanitarians, West Virginia State Board of

Senior Services, West Virginia Bureau of

Speech-Language Pathology and Audiology, West Virginia Board of Examiners for

State Police, West Virginia Department of Military Affairs and Public Safety

State Privacy Office, West Virginia Health Care Authority

State Rehabilitation Council, West Virginia

Tax Increment Financing, West Virginia Development Office

Tourism, Division of, West Virginia Department of Commerce

Treasurer, State of West Virginia

Veterans Assistance, West Virginia Department of (2010-2011)

Veterinary Medicine, West Virginia Board of

Volunteer West Virginia (State’s Commission for National and Community Service)

Water Development Authority, West Virginia

Youth Services, Bureau for Children and Families, West Virginia Department of Health and Human Resources

Very truly yours,

Earl Ray Tomblin,

Governor.

Senator Kessler (Mr. President) then laid before the Senate the following communication from His Excellency, the Governor, submitting the annual probation and parole report, which was received:

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

April 9, 2013

Senate Executive Message No. 7

The Honorable Jeffrey V. Kessler

President, West Virginia Senate

State Capitol

Charleston, West Virginia

Dear President Kessler:

In accordance with the provisions of Section 11, Article 7 of the Constitution of the State of West Virginia, and Section 16, Article 1, Chapter 5 of the Code of West Virginia, I hereby report that I granted no pardons or reprieves, nor commuted punishment to any person, nor remitted any fines or penalties, during the period of March 8, 2012, through April 9, 2013.

Very truly yours,

Earl Ray Tomblin,

Governor.

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. 143, Budget Bill.

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

Com. Sub. for Senate Bill No. 143 (originating in the Committee on Finance)--A Bill making appropriations of public money out of the Treasury in accordance with section fifty-one, article VI of the Constitution.

With the recommendation that the committee substitute 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. House Bill No. 2434, Relating to compensation in the magistrate court system.

And has amended same.

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

Respectfully submitted,

Corey Palumbo,

Chair.

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

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

Your Committee on the Judiciary has had under consideration

Eng. Com. Sub. for House Bill No. 2498, Making it a crime for a person sitting on a grand jury to disclose the identity of an individual who will be indicted.

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. 2567, Relating to limited partnerships.

And has amended same.

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

Respectfully submitted,

Corey Palumbo,

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. House Bill No. 2770, Permitting dealers who sell fewer than eighteen new or used motor vehicles during a year to have their dealer licenses renewed.

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,

Robert D. Beach,

Chair.

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

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

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

Eng. House Bill No. 2954, Requiring that members of the Mine Safety Technology Task Force are paid the same compensation as members of the Legislature.

And,

Eng. House Bill No. 3043, Including methane monitoring equipment as eligible safety equipment for tax credit purposes.

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,

Douglas E. Facemire,

Chair.

At the request of Senator Facemire, unanimous consent being granted, the bills (Eng. H. B. Nos. 2954 and 3043) contained in the preceding report from the Committee on Energy, Industry and Mining 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 Finance.

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

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

Eng. Com. Sub. for House Bill No. 3060, Authorizing the Oil and Gas Conservation Commission to regulate the horizontal deep wells.

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

Respectfully submitted,

Douglas E. Facemire,

Chair.

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

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

Your Committee on the Judiciary has had under consideration

Eng. Com. Sub. for House Bill No. 3069, Relating to access to justice.

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

Respectfully submitted,

Corey Palumbo,

Chair.

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

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

Eng. Com. Sub. for House Bill No. 3072, West Virginia coal employment enhancement 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 Finance.

Respectfully submitted,

Douglas E. Facemire,

Chair.

At the request of Senator Facemire, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 3072) contained in the preceding report from the Committee on Energy, Industry and Mining 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 Energy, Industry and Mining.

The Senate proceeded to the sixth order of business.

Senators M. Hall, Blair, Boley, Carmichael, Cole, Nohe, Sypolt, Stollings and McCabe offered the following resolution:

Senate Concurrent Resolution No. 49--Requesting the Joint Committee on Government and Finance study the impact of the Limited Video Lottery Act on children and poverty in West Virginia.

Whereas, Since the adoption of the Limited Video Lottery Act, West Virginia has seen an explosion in the number of video lottery machines in operation in West Virginia communities; and

Whereas, Significant numbers of video lottery machines are operated in convenience stores, restaurants and other establishments frequented by West Virginia consumers and wage earners, rather than at destination resorts and large racetracks; and

Whereas, Anecdotal observations by clergy members and social service providers in the rural parts of West Virginia indicate that many families are made to suffer because parents spend unreasonably on video lottery; and

Whereas, The effects of poverty fall disproportionally on children rather than the parents whose actions often impoverish the family; and

Whereas, Adequate time has passed to allow the effects of the Limited Video Lottery Act to be fully realized in West Virginia; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the impact of the Limited Video Lottery Act on children and poverty in West Virginia; 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 Kessler (Mr. President), Beach, Chafin, Cole, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Palumbo, Plymale, Snyder, Stollings, Tucker, Unger, Wells and McCabe offered the following resolution:

Senate Resolution No. 63--Recognizing the one hundredth year of the West Virginia Division of Highways.

Whereas, Prior to 1913, the West Virginia Legislature designated that all road work was under the direct authority of the county courts and the county road engineer; and

Whereas, In 1913, the West Virginia Legislature saw fit to create the State Road Bureau to oversee a coordinated roadway system to serve the citizens of this state; and

Whereas, The Federal Aid Road Act of 1916 provided federal aid to those states for the improvement of any road on which the United States mail is or may be transported; and

Whereas, The Federal Aid Road Act of 1916 required states to provide a match to receive federal funds, to establish a state highway department that shall oversee the maintenance of state highways; and

Whereas, The West Virginia Legislature replaced the State Road Bureau with the State Road Commission in 1917 and agreed to match federal funds and maintain all roads constructed with federal-aid funds; and

Whereas, In 1920, the first bonds were issued under the Good Roads Amendment, which provided up to $50 million for construction of roads to connect county seats in the state; and

Whereas, In 1921, the West Virginia Legislature dedicated motor vehicle license fees to a newly created State Road Fund; and

Whereas, In 1923, the West Virginia Legislature enacted the first gasoline tax of two cents per gallon dedicated to the State Road Fund for the repayment of highway bonds and for the repair, maintenance and reconstruction of roads and highways; and

Whereas, In 1933, the West Virginia Legislature passed an act to place practically all roads on the State Road System and relieve the counties of their maintenance of roads; and

Whereas, Said act transferred 4,417 roads designated as the State’s Primary System and 29,098 miles of roadways in a Secondary System; and

Whereas, In 1948, construction began on the state’s first limited-access highway: US 119/WV 10 in Logan County; and

Whereas, In November, 1954, the first high-speed expressway was opened as a two-lane toll road from Charleston to Princeton and named the West Virginia Turnpike; and

Whereas, The Appalachian Regional Development Act was passed by Congress in 1965 to promote commerce in Appalachia with the development of a highway system; and

Whereas, The Federal-Aid Highway Act was passed in 1968 by Congress and established the national bridge inspection standards as a result of the 1967 tragedy when forty-six souls lost their lives as a result of the collapse of the Silver Bridge in Point Pleasant; and

Whereas, The West Virginia Legislature renamed the State Road Commission the Department of Highways; and

Whereas, The Department of Highways completed construction of the award-winning New River Gorge Bridge on US 19 in Fayetteville, creating the world’s longest single-span steel arch bridge with a length of 3,030 feet and a 876-feet rise above the New River; and

Whereas, In 1988, the Department of Highways completed the final section of Interstate with the opening of Interstate 64 from Sam Black Church to Beckley and the 2,179-feet Glade Creek Bridge in Raleigh County; and

Whereas, In 1989, the West Virginia Legislature reorganized state government, creating a Department of Transportation and renaming the department as the Division of Highways; and

Whereas, During the construction of the Interstate Highway System and the Appalachian Corridor System, the Division of Highways had over ten thousand employees and served as a major economic source for the state by employing thousands of construction workers, suppliers and manufacturers; and

Whereas, With the completion of the majority of major highways, the Division of Highways today oversees approximately thirty-six thousand miles of highways with approximately five thousand employees; and

Whereas, The Division of Highways is only one of four states charged with the massive task of maintaining most highways in the state; therefore, be it

Resolved by the Senate:

That the Senate hereby recognizes the one hundredth year of the West Virginia Division of Highways; and, be it

Further Resolved, That the Senate hereby honors the West Virginia Division of Highways for one hundred years of service in developing a safe statewide transportation system; and, be it

Further Resolved, That the Senate invites all citizens of West Virginia to join in recognizing the West Virginia Division of Highways and its employees for one hundred years of contributions to the state in providing a safe highway system; and, be it

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

At the request of Senator Beach, 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 Chafin, Cole, Stollings, Unger, Wells, Kessler (Mr. President) and Palumbo offered the following resolution:

Senate Resolution No. 64--Congratulating the Bluefield High School Boys’ Basketball Team for winning the 2013 West Virginia Class AA Basketball State Championship.

Whereas, The Bluefield Beavers completed an amazing 2012-2013 basketball season, finishing with a record of 25-3 and winning the first boys’ basketball title for Bluefield High School in seventeen years; and

Whereas, The Bluefield Beavers are led by head coach Charles Large and assistant coaches David Hubbard, Tony Webster and Don Jones; and

Whereas, The Bluefield Beavers team consists of players Dakoda Smalls, Brandon Lilly, David Edwards, Anthony Eades, Lykel Collier, Trevor Mullins, Michael Yost, Jordan Ponder, David Woodrum, Corey Coppola, Matthew Woodrum, Douglas Miller, Jordan Masterson and Raheem Reed; and

Whereas, The Bluefield Beavers are a shining example of what can be accomplished with hard work, dedication and commitment; and

Whereas, The Bluefield Beavers accomplished this outstanding athletic feat in the one hundredth year of West Virginia high school basketball; and

Whereas, The Bluefield Beavers displayed their strong will and fierce determination for an entire season and will be remembered as one of the best boys’ basketball teams in West Virginia high school sports history; therefore, be it

Resolved by the Senate:

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

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

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

At the request of Senator Cole, 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 Snyder, Stollings, Unger, Wells, Fitzsimmons, Kessler (Mr. President) and Palumbo offered the following resolution:

Senate Resolution No. 65--Designating April 10, 2013, as “Crime Victims Day at the Legislature”.

Whereas, The West Virginia Crime Victims Compensation Fund is celebrating Crime Victims Day at the Legislature by providing all of the crime victim agencies and individuals who serve victims of crime an opportunity to educate the members of the Legislature and the public about the many services available to assist victims of crime and their families throughout our state; and

Whereas, The many agencies and individuals serving victims of crime and their families in West Virginia strive to foster the healing of victims and their families through treatment for their many needs including, but not limited to, advocacy for and on behalf of victims and their families, medical treatment and mental health counseling, compensation and restitution; and

Whereas, The many organizations and individuals that provide assistance to victims of crime and their families make valuable contributions to those who have been affected by crime in our state; and

Whereas, West Virginia is proud of the accomplishments and achievements of the many organizations and individuals who serve the needs of victims of crime and appreciate their many contributions to our communities; and

Whereas, There are also many victims or family members present on this special day to foster understanding by the public of the effects of victimization; therefore, be it

Resolved by the Senate:

That the Senate hereby designates April 10, 2013, as “Crime Victims Day at the Legislature”; and, be it

Further Resolved, That the Senate expresses its appreciation to the many organizations which serve victims of crime and their families throughout our state and for the dedication of those individuals who serve these organizations; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate official with the West Virginia Crime Victims Compensation Fund.

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

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

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

Senate Concurrent Resolution No. 50 (originating in the Committee on Health and Human Resources)--Requesting the Joint Committee on Government and Finance study abuse deterrent formulations for opioid medications.

Whereas, Over one hundred million adults in the United States suffer from chronic pain, including millions with debilitating conditions like arthritis, fibromyalgia and lower back pain; and

Whereas, Chronic pain likely costs West Virginia millions of dollars each year in lost productivity, added health costs and increased expenditures for Medicaid; and

Whereas, The significant and justified concentration of attention on limiting substance abuse in our state has placed health care providers and patients in a difficult position as barriers to pain treatment have been considered; and

Whereas, New technologies are available that can protect the integrity of pain medications so they may not be altered in form for the ease of substance abusers to use illegally; and

Whereas, The federal Food and Drug Administration is currently studying the application of abuse deterrent formulation (ADF) technologies for use in opioid medications; and

Whereas, The introduction of ADF technologies into the pain medication arena is of great potential significance to West Virginia as a method to ensure the continued access of patients to these important medicines and to the general interests of the state as a strategy to limit substance abuse problems; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Joint Committee on Government and Finance study abuse deterrent formulations for opioid medications; and, be it

Further Resolved, That the Joint Committee on Government and Finance is requested to conduct a study on the issues of West Virginians’ access to effective pain management medications and the need for the Bureau for Medical Services and the Public Employees Insurance Agency to require the adoption of abuse deterrent formulation technologies for pain medicines in order to assist in the state’s continuing efforts to eliminate substance abuse; and, be it

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

Senate Concurrent Resolution No. 51 (originating in the Committee on Health and Human Resources)--Requesting the Joint Committee on Government and Finance study the needs, challenges and issues facing West Virginia’s senior citizens in finding personal care services.

Whereas, West Virginia currently has the second largest senior population in the country with sixteen percent of the state’s population being sixty-five years of age or older; and

Whereas, It is projected that by 2035 nearly one in four state residents will be sixty-five years of age or older; and

Whereas, It has been estimated that over eight out of ten individuals sixty-five years of age and older will suffer one or more chronic disease conditions in their lifetime with six out of ten facing the need for long-term care; and

Whereas, The availability of personal care services is crucial to allowing individuals to remain in their homes, preserving a better quality of life as they age by avoiding long-term institutional care; and

Whereas, A recent informal survey of personal care providers in West Virginia determined many personal care programs currently operating in the state provide limited hours of service availability may face workforce issues limiting availability including a lack of educational incentives, training programs and low compensation and have inestimable waiting lists for services; and

Whereas, An increasingly aged population will place more demand on the availability of such personal care services with national studies estimating the need for personal care aides to grow by seventy percent in the current decade; and

Whereas, The current certificate of need standards and processes for personal care services have not been updated for several years which may have the effect of limiting the availability of personal care services and freedom of choice; 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 the needs, challenges and issues facing West Virginia’s senior citizens in finding personal care services; 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

And,

Senate Concurrent Resolution No. 52 (originating in the Committee on Health and Human Resources)--Requesting the Joint Committee on Government and Finance study tobacco use in West Virginia, with emphasis on cigarette smoking prevalence, smoking-related deaths, smoking-related economic costs and tobacco prevention policies focused on smoke-free workplaces.

Whereas, West Virginia continues to have one of the highest rates of cigarette smoking in the country and despite successes in reducing smoking among West Virginia youth there have yet to be any declines in smoking among West Virginia adults; and

Whereas, According to the Centers for Disease Control and Prevention, cigarette smoking harms nearly every organ in the body and causes 443,000 deaths each year in the U. S. In West Virginia, on average, 3,770 WV adults age thirty-five and older die each year from diseases related to cigarette smoking and about nineteen percent of all deaths of WV adults age thirty-five and older are caused by cigarette smoking; and

Whereas, Smoking-related economic costs can be separated into: (1) Direct health care costs related to cigarette smoking; and (2) productivity losses due to smoking-related deaths; and

Whereas, It is estimated that the annual direct health care costs resulting from tobacco use is over $700 million, and the estimated annual lost productivity (lost wages and other economic contributions of those who died early) amount to over $1 billion; and

Whereas, Tobacco prevention policies and smoke-free workplaces go hand-in-hand to help combat the costs associated with tobacco use, including in those organizations such as health care facilities and related institutions dedicated to health and the discouragement of tobacco use by the general public. According to the CDC in a 2011 report, it was found that between 11.8 and 23.7 percent of health care workers in the United States, varying according to their role within the industry, are smokers; and

Whereas, The prevalence of smoking among health care workers has been perceived to undermine the public health message of these health care institutions with regards to smoking; and

Whereas, This Legislature shares these public health concerns surrounding tobacco use, and further discussion on how best to address the issue is needed; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study tobacco use in West Virginia, with emphasis on cigarette smoking prevalence, smoking-related deaths, smoking- related economic costs and tobacco prevention policies focused on smoke-free workplaces; 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,

Ron Stollings,

Chair.

At the request of Senator Stollings, unanimous consent being granted, the resolutions (S. C. R. Nos. 50, 51 and 52) contained in the preceding report from the Committee on Health and Human Resources were taken up for immediate consideration.

On motion of Senator Stollings, the resolutions were 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. 53 (originating in the Committee on Transportation and Infrastructure)--Requesting the Joint Committee on Government and Finance to study the disbursement of a portion of West Virginia Turnpike toll receipts for the use of the counties in which the turnpike is located.

Whereas, The West Virginia Turnpike provides an efficient and rapid means of transit through the counties of Kanawha, Fayette, Raleigh and Mercer; and

Whereas, West Virginia Turnpike’s traffic base is mixed, in that it has both an intrastate and a significant interstate component; and

Whereas, The original purposes for the development of the Turnpike included developing and improving tourist facilities and attractions in the state and promoting the agricultural, economic and industrial development of the state; and

Whereas, The restricted access points of the Turnpike’s construction provide reduced opportunities for this highway’s nonresident travelers to interact with the local economies of communities surrounding the Turnpike’s route; and

Whereas, Vehicular accidents, spills of hazardous cargos and other emergency situations on the West Virginia Turnpike have placed increasing demands of time and resources from local emergency response services; and

Whereas, The West Virginia Turnpike generates millions of dollars in toll receipts per year; and

Whereas, Sharing a portion of toll receipts with the counties that host the West Virginia Turnpike could improve emergency responses and tourist facilities in such counties; and

Whereas, Sharing a portion of toll receipts with the counties that provide support to the operation of the West Virginia Turnpike may result in a mutual benefit for those counties and for the West Virginia Parkways Authority; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Joint Committee on Government and Finance to study the disbursement of a portion of West Virginia Turnpike toll receipts for the use of the counties in which the turnpike is located; and, be it

Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study the potential benefits, impact and feasibility of disbursing a portion of West Virginia Turnpike toll receipts to the counties of Fayette, Kanawha, Mercer and Raleigh, with consideration to be given to the appropriate percentage of those receipts that may suitably benefit the supporting communities and serve the purposes for which the West Virginia Turnpike was established; and, be it

Senate Concurrent Resolution No. 54 (originating in the Committee on Transportation and Infrastructure)--Requesting the Joint Committee on Government and Finance to study the benefits of consolidating the definitions of “ATV” and similar vehicles for consistency throughout the West Virginia Code and of limiting liability for bike pathways and trail systems.

Whereas, Outdoor recreation involving all-terrain vehicles, other vehicles designed for off-road use and bikes is steadily increasing in popularity in West Virginia and across the country; and

Whereas, The establishment of the Hatfield-McCoy all-terrain vehicle (ATV) trail system has brought a demonstrated economic benefit to the counties in which the trail system is located and has shown West Virginia to be innovative in the development of opportunities for tourism and recreation; and

Whereas, The Legislature provided the seeds for the creation of this ATV trail system by establishing the Hatfield-McCoy Regional Recreational Authority and the legal framework for a multi-county project with participation of public entities, private individuals and businesses; and

Whereas, That essential legal framework included specific provisions defining and limiting the legal responsibilities of landowners and others with interests in property related to the trail system and the responsibilities of those using the trail system; and

Whereas, There are many additional areas within West Virginia that have comparable potential as outstanding tourism and recreation destinations if similar legal definitions and limits are established for property owners and property users; and

Whereas, The Code of West Virginia contains multiple definitions in various locations for the terms “ATV”, “all-terrain vehicle” and “utility terrain vehicle” that have the potential to diverge in inconsistent ways; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Joint Committee on Government and Finance to study the benefits of consolidating the definitions of “ATV” and similar vehicles for consistency throughout the West Virginia Code and of limiting liability for bike pathways and trail systems; and, be it

Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study the benefits of limiting liability for government and private entities relating to their acts and services provided in connection with bike pathways and trail systems, and to study the benefit of consolidating definitions for all-terrain vehicles and other off-road, recreational vehicles within a central reference area of the Code of West Virginia; and, be it

Senate Concurrent Resolution No. 55 (originating in the Committee on Transportation and Infrastructure)--Requesting the Joint Committee on Government and Finance to study the consolidation of the operations and functions of the West Virginia Parkways Authority within the Division of Highways.

Whereas, The West Virginia Parkways Authority was created in 1989 and was assigned the powers, duties and functions of the former West Virginia Turnpike Commission; and

Whereas, The West Virginia Parkways Authority has an annual operating budget of approximately $83 million; and

Whereas, The West Virginia Parkways Authority and the Division of Highways both exist as separate administrative agencies within the State Department of Transportation; and

Whereas, Many of the operations and functions of the West Virginia Parkways Authority mirror those of the Division of Highways, including, but not limited to, maintenance of the road surface, rights of way and highway structures, administration of human resources, accounting, purchasing, and project specification and management; and

Whereas, The continued operation of two separate agencies carrying out similar functions perpetuates inherent inefficiencies in the provision of services to the public and unnecessary duplication of costs; and

Whereas, The continued operation of the West Virginia Turnpike as an express vehicular corridor with restricted access to facilitate rapid and safe transit through southern West Virginia will continue to benefit the people and the economy of the State of West Virginia; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Joint Committee on Government and Finance to study the consolidation of the operations and functions of the West Virginia Parkways Authority within the Division of Highways; and, be it

Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study the potential benefits, impact and feasibility of dissolving the West Virginia Parkways Authority and transferring all of the powers, duties and functions of that agency to the Division of Highways while preserving the character of the West Virginia Turnpike as a financially self-supporting highway unit through tolls and restricted access; and, be it

And,

Senate Concurrent Resolution No. 56 (originating in the Committee on Transportation and Infrastructure)--Requesting the Joint Committee on Government and Finance to study the proposed Safe and Efficient Transportation Act of 2013 and the potential impact of its implementation in West Virginia.

Whereas, The Safe and Efficient Transportation Act of 2013 was introduced in the 113th Congress on February 12, 2013; and

Whereas, The act would give states the authority to allow 97,000-pound, six-axle vehicles access to the interstate highway system; and

Whereas, Such six-axle trucks carrying 97,000 pounds would maintain weight per axle, tire displacement and braking distance while carrying seventeen percent more ton-miles per gallon than five-axle trucks; and

Whereas, The U. S. Department of Transportation estimates that six-axle trucks would save two billion gallons of diesel fuel annually, a nineteen-percent decrease in fuel consumption; and

Whereas, The sixth axle reduces weight per tire impact on pavement that can help increase pavement wear savings; and

Whereas, The use of six-axle trucks may reduce accidents, reduce costs and benefit the environment and commerce; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Joint Committee on Government and Finance to study the proposed Safe and Efficient Transportation Act of 2013 and the potential impact of its implementation in West Virginia; and, be it

Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study the potential benefits, disadvantages, impact and feasibility of implementing the provisions of the Safe and Efficient Transportation Act in West Virginia, including the effect on West Virginia infrastructure; 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,

Robert D. Beach,

Chair.

At the request of Senator Beach, unanimous consent being granted, the resolutions (S. C. R. Nos. 53, 54, 55 and 56) 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.

Senator Laird, from the Committee on Natural Resources, submitted the following report, which was received:

Your Committee on Natural Resources has had under consideration

Senate Concurrent Resolution No. 57 (originating in the Committee on Natural Resources)--Requesting the Joint Committee on Government and Finance study how to maintain the State Park System and find a dedicated source of revenue to address the maintenance, repair and renovation of West Virginia’s beautiful but aging state parks to ensure they continue to provide recreation and enjoyment to the citizens of the state and its visitors.

Whereas, The mission of the West Virginia State Park System since its inception has been to promote conservation by preserving and protecting natural areas of unique or exceptional scenic, scientific, cultural, archeological or historical significance and to provide outdoor recreational opportunities for the citizens of this state and its visitors; and

Whereas, The West Virginia State Park System attracts approximately 6.5 million visitors per year and contributes over $126 million dollars of economic activity to the state; and

Whereas, Many of the facilities, such as the cabins, administrative buildings and picnic shelters were constructed by the Civilian Conservation Corps in the 1930s, and many of the lodges were constructed during the 1950s and 1960s and are over fifty years old; and

Whereas, If these aging facilities are not able to be repaired and maintained, visitor safety will be jeopardized and the state parks of West Virginia may not be available to future generations; and

Whereas, There is currently an estimated backlog of maintenance needs to these facilities in excess of $25 million, which continues to increase on a yearly basis when projects are neglected due to lack of funding; and

Whereas, Only $5 million from the state, which comes from lottery revenue, is currently devoted to maintenance, repairs and renovations to these facilities; and

Whereas, The last Legislative Performance Audit of the State Park System suggested that a minimum of $3 million be allotted for this purpose; and

Whereas, HB2060 was introduced, suggesting that an additional soft drink tax be implemented and dedicated to a state park maintenance and improvement fund; and

Whereas, Other states have various dedicated revenue sources, such as Arkansas’ one-eighth percent sales tax and North Carolina’s real estate transfer tax, devoted to state parks; and

Whereas, A study should be conducted of potential revenue sources that could be devoted to relieving the backlog of current maintenance needs of the State Park System; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Joint Committee on Government and Finance study how to maintain the State Park System and find a dedicated source of revenue to address the maintenance, repair and renovation of West Virginia’s beautiful but aging state parks to ensure they continue to provide recreation and enjoyment to the citizens of the state and its visitors; and, be it

Senate Concurrent Resolution No. 58 (originating in the Committee on Natural Resources)--Requesting the Joint Committee on Government and Finance study the laws pertaining to the use of firearms for hunting and recreational shooting enthusiasts.

Whereas, 247,000 hunters in West Virginia generate over $552,000 annually in economic benefit; and

Whereas, Hunters support wildlife management activities on eighty-one wildlife management areas and eight state forests accounting for more than 400,000 acres and more than one million acres of national forest lands; and

Whereas, There are twenty-six public shooting ranges on wildlife management areas and recreational shooting enthusiasts currently may use them without any fee or hunting license; and

Whereas, The wildlife management is funded with excise taxes generated from the purchase of firearms and ammunition under the Pittman-Robertson Act; and

Whereas, The State of West Virginia desires to encourage and increase the number of hunters and shooting enthusiasts to continue its rich hunting heritage and to financially support the wildlife management areas; and

Whereas, State laws do not require shooting enthusiasts to have a valid hunting license or shooting range permit and therefore their purchase of firearms and ammunition cannot be added to the state’s rightful proportion of the excise taxes; and

Whereas, State laws that promote and support recreational shooting and the purchase of firearms and ammunition have a positive impact on hunting opportunities 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 study the laws pertaining to the use of firearms for hunting and recreational shooting enthusiasts; and, be it

Senate Concurrent Resolution No. 59 (originating in the Committee on Natural Resources)--Requesting the Joint Committee on Government and Finance study the laws, rules and regulations applying to electrical standards for boat docks and marinas to improve the safety of users in memory of Michael Cunningham.

Whereas, West Virginia is known for its beautiful and abundant waterways, lakes and rivers that attract tourists and boost the economy; and

Whereas, Waterways, lakes and rivers should be a safe place for children and families to enjoy; and

Whereas, There have been recent, unfortunate cases where children and adults have been injured and/or killed while swimming in water that was electrified by ungrounded and improper electrical connections to boat docks and marinas, including the death of Michael Cunningham; and

Whereas, Electricity and water create a deadly combination that can paralyze a swimmer and cause drowning; and

Whereas, Children are particularly vulnerable to electrocution and shock in the water; and

Whereas, Bringing boat docks and marinas up to the National Fire Protection Association and National Electric Code Standards for boat docks and marinas is necessary for the protection and safety of all those who enjoy West Virginia waterways, lakes and rivers; and

Whereas, The laws, rules and regulations applying to boat docks and marinas, and the rules, standards and training applicable to licensed electricians and electrical inspectors are complex and require further study to determine how best to implement the requisite changes to the code and rules; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the laws, rules and regulations applying to electrical standards for boat docks and marinas to improve the safety of users in memory of Michael Cunningham; and, be it

And,

Senate Concurrent Resolution No. 60 (originating in the Committee on Natural Resources)--Requesting the Joint Committee on Government and Finance to study the feasibility of the Division of Natural Resources entering into lease agreements or other cooperative arrangements to provide public hunting and other outdoor recreational opportunities on large tracts of corporate-owned land in southern West Virginia.

Whereas, There are limited public lands available in southern West Virginia for residents to hunt and pursue other outdoor recreational activities; and

Whereas, There are many large tracts of corporate-owned timberlands in southern West Virginia suitable for hunting and other outdoor recreational activities; and

Whereas, There is a potential for utilization of these lands for public hunting and other recreational opportunities through lease agreements or other cooperative arrangements between the Division of Natural Resources and these corporate landowners; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the feasibility of the Division of Natural Resources entering into lease agreements or other cooperative arrangements to provide public hunting and other outdoor recreational opportunities on large tracts of corporate-owned land in southern West Virginia; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report and 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,

William R. Laird IV,

Chair.

At the request of Senator Laird, unanimous consent being granted, the resolutions (S. C. R. Nos. 57, 58, 59 and 60) contained in the preceding report from the Committee on Natural Resources were taken up for immediate consideration.

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

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

Your Committee on Government Organization has had under consideration

Senate Concurrent Resolution No. 61 (originating in the Committee on Government Organization)--Requesting the Joint Committee on Government and Finance study the economic and community development challenges and opportunities associated with abandoned and dilapidated structures in West Virginia.

Whereas, Abandoned and dilapidated residential and commercial structures have negative impacts on local property values and property tax revenue, create increased local expenditures for additional protection and maintenance and serve as health and safety hazards to local communities; and

Whereas, Communities have found that abandoned and vacant buildings create areas for crime and drug activity; and

Whereas, Census data revealed a 41 percent increase in vacant structures in West Virginia between 1990 and 2011; and

Whereas, Demolishing abandoned and dilapidated structures may increase property values and economic potential in surrounding areas; and

Whereas, Increased recruitment of local, regional and national business opportunities relies on maintaining clean, attractive and safe communities; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the economic and community development challenges and opportunities associated with abandoned and dilapidated structures in West Virginia; 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 dratfts of any legislation necessary to effectuate its recommendations; 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,

Herb Snyder,

Chair.

At the request of Senator Snyder, unanimous consent being granted, the resolution (S. C. R. No. 61) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration.

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

The Senate proceeded to the seventh order of business.

Com. Sub. for Senate Concurrent Resolution No. 37, Requesting DOH name bridge in Hardy County "Army 1SG Boyd 'Doc' Slater Memorial Bridge".

On unfinished business, coming up in regular order, was reported by the Clerk.

The question being on the adoption of the resolution, 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.

Senate Concurrent Resolution No. 44, Requesting Joint Committee on Government and Finance study safeguarding older West Virginians against abuse, fraud and financial exploitation.

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

Com. Sub. for Senate Resolution No. 24, Requesting Congress propose constitutional amendment overturning Citizens United v. Federal Election Commission ruling.

On unfinished business, coming up in regular order, was reported by the Clerk.

At the request of Senator Barnes, unanimous consent being granted, further consideration of the resolution was deferred following an anticipated recess.

The Senate proceeded to the eighth order of business.

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

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: Beach, Carmichael, Cole, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Palumbo, Plymale, Prezioso, Snyder, Stollings, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--24.

The nays were: Barnes, Blair, Boley, Cann, Chafin, Cookman, Facemire, Nohe, Sypolt and Tucker--10.

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. 2108) 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. 2395, Relating to senior services.

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. 2395) 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. 2395--A Bill to amend and reenact §16-5P-15 of the Code of West Virginia, 1931, as amended, relating to senior services in-home care registry; providing for sixty-day waiver of initial registration fee; clarifying rule-making authority for the Bureau of Senior Services to require an applicant to obtain a state or federal criminal background check; and requiring legislative rules to be proposed for legislative approval during the 2014 legislative session.

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. 2815, Clarifying and modifying the process of appointing and terminating guardians for minors.

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. 2815) 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. 2815--A Bill to amend and reenact §44-10-3 of the Code of West Virginia, 1931, as amended, relating generally to clarifying and modifying the process of appointing and terminating guardians for minors; authorizing concurrent jurisdiction of circuit and family courts for appointment of guardian for a minor; providing venue for petition for appointment; providing proceedings to be conducted in accordance with the Rules of Practice and Procedure for Minor Guardianship Proceedings; providing for who may be appointed guardian; setting forth when the circuit clerk is to notify the court of the filing of a petition and when the court is to hold a hearing; setting forth what the court is to consider in appointing a guardian; providing for the appointment of a temporary guardian; providing for the termination or revocation of the guardianship appointment; and providing for the confidentiality of a guardian proceeding.

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

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

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. 2992) 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. 3003, Facilitating compliance with the Tobacco Master Settlement Agreement.

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. 3003) passed with its title.

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

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

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. 3159) 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. H. B. No. 3159) 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. 2497, Requiring applicants for real estate licensure to undergo criminal history record checks.

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

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

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

ARTICLE 40. WEST VIRGINIA REAL ESTATE LICENSE ACT.

§30-40-11. Application for license.

The commission shall only issue an original license to an applicant if he or she:

(a) Submits an application, in writing, in a form prescribed by the commission which must contain, but is not limited to:

(1) The applicant’s social security number;

(2) The recommendation of at least two persons who:

(A) Are property owners at the time of signing the application;

(B) Have been property owners for at least twelve months preceding the signing of the application;

(D) Are not related to the applicant;

(E) Are not affiliated with the applicant as an employer, partner or associate or with the broker that will employ the applicant;

(F) Believe the applicant bears a good reputation for honesty, trustworthiness and fair dealing; and

(G) Believe the applicant is competent to transact the business of a real estate broker, associate broker or salesperson, as the case may be, in a manner that would protect the interest of the public.

(3) A clear record indicating all jurisdictions where the applicant holds or has held any professional license.

(4) A clear record indicating if the applicant has been convicted of any criminal offense or if there is any criminal charge pending against the applicant, or a member or officer of the brokerage business, at the time of application.

(b) Is at least eighteen years of age.

(d) Is trustworthy, of good moral character and competent to transact the business of a broker, associate broker or salesperson.

(e) Has paid the appropriate fee, if any, which must accompany all applications for original license or renewal.

(f) Has submitted to a state and national criminal history record check, as set forth in this subsection: Provided, That an applicant for a license who is an attorney at law may submit a letter of good standing from the Clerk of the Supreme Court of Appeals of West Virginia in lieu of submitting to a state and national criminal history record check.

(1) This requirement is found not to be against public policy.

(2) The criminal history record check shall be based on fingerprints submitted to the West Virginia State Police or its assigned agent for forwarding to the Federal Bureau of Investigation.

(3) The applicant shall meet all requirements necessary to accomplish the state and national criminal history record check, including:

(A) Submitting fingerprints for the purposes set forth in this subsection; and

(B) Authorizing the commission, the West Virginia State Police and the Federal Bureau of Investigation to use all records submitted and produced for the purpose of screening the applicant for a license.

(4) The results of the state and national criminal history record check may not be released to or by a private entity except:

(A) To the individual who is the subject of the criminal history record check;

(B) With the written authorization of the individual who is the subject of the criminal history record check; or

(5) The criminal history record check and related records are not public records for the purposes of chapter twenty-nine-b of this code.

(6) The applicant shall pay the actual costs of the fingerprinting and criminal history record check.

(7) Before implementing the provisions of this subsection, the commission shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code. The rules shall set forth the requirements and procedures for the criminal history check and must be consistent with standards established by the Federal Bureau of Investigation and the National Crime Prevention and Privacy Compact as authorized by 42 U. S. C. A. §14611, et seq.

The bill (Eng. Com. Sub. for H. B. No. 2497), as amended, was then ordered to third reading.

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

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

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

On page five, section seven, lines seventy though seventy-three, by striking out all of subsection (d) and inserting in lieu thereof a new subsection, designated subsection (d), to read as follows:

(d) The Secretary of State may propose rules for legislative approval, in accordance with the provisions of article three of this chapter, to change the procedures outlined in this section.

The bill (Eng. H. B. No. 2542), as amended, was then ordered to third reading.

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

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

The following amendment to the bill, from the Committee on Government Organization, was reported by the Clerk:

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

ARTICLE 15C. BROADBAND DEPLOYMENT.

§31-15C-2. Definitions.

(a) For the purposes of this article:

(1) “Broadband” or “broadband service” means any service providing advanced telecommunications capability with either a the same downstream data rate or and upstream data rate of at least 200 kilobits per second as is specified by the Federal Communications Commission and that does not require the end-user to dial up a connection that has the capacity to always be on, and for which the transmission speeds are based on regular available bandwidth rates, not sporadic or burstable rates, with a minimum downstream-to-upstream data ratio of 10:1 for services with a downstream data rate of up to five megabits per second, and with a minimum upstream data rate of 500 kilobits per second for services with a downstream data rate of five megabits per second or greater latency suitable for real-time applications and services such as VoIP and video conferencing, and with monthly usage capacity reasonably comparable to that of residential terrestrial fixed broadband offerings in urban areas: Provided, That as the Federal Communications Commission updates the downstream data rate and the upstream data rate the council will publish the revised data rates in the State Register within sixty days of the federal update.

(2) “Broadband demand promotion project” means a statewide or regional project to undertake activities to promote demand for broadband services and broadband applications.

(2) (3) “Broadband deployment project” means either: (A) A a project to provide broadband services to in a type 2 and/or type 3 unserved area, as defined in section six of this article. or (B) a project to undertake activities to promote demand for broadband services and broadband applications

(4) “Council” means the Broadband Deployment Council.

(3) (5) “Downstream data rate” means the transmission speed from the service provider source to the end-user.

(4) (6) “Upstream data rate” means the transmission speed from the end-user to the service provider source.

(5) (7) “Unserved area” means a community that has no access to broadband service.

(b) The definition of the term “broadband”, the designation of areas that are “unserved”, and the level of service required to qualify for funding of state programs and projects, are based on the Federal Communications Commission’s current definition of broadband, which is stated in terms of the number of Kilobits (Kbps) per second, either upstream or downstream. It is the intention of the Legislature that the definition of broadband in this article and the level of service requirements for state funding be promptly updated by future Legislatures to conform with any revisions enacted by Congress or any rule or regulation promulgated by the Federal Communications Commission or other federal agencies involved with deploying and enhancing broadband services.

§31-15C-4. Powers and duties of the council generally.

(a) The council shall:

(1) Explore the potential for increased use of broadband service for the purposes of education, career readiness, workforce preparation and alternative career training;

(2) Explore ways for encouraging state and municipal agencies to expand the development and use of broadband services for the purpose of better serving the public, including audio and video streaming, voice-over Internet protocol, teleconferencing and wireless networking; and

(3) Cooperate and assist in the expansion of electronic instruction and distance education services by July 2014.

(b) In addition to the powers set forth elsewhere in this article, the council is hereby granted, has and may exercise all powers necessary or appropriate to carry out and effectuate the purpose and intent of this article. The council shall have the power and capacity to:

(1) Provide consultation services to project sponsors in connection with the planning, acquisition, improvement, construction or development of any broadband deployment project;

(2) Promote awareness of public facilities that have community broadband access that can be used for distance education and workforce development;

(3) Advise on deployment of e-government portals such that all public bodies and political subdivisions have homepages, encourage one-stop government access and that all public entities stream audio and video of all public meetings;

(4) To make and execute contracts, commitments and other agreements necessary or convenient for the exercise of its powers, including, but not limited to, the hiring of consultants to assist in the mapping of the state, categorization of areas within the state and evaluation of project applications: Provided, That the provisions of article three, chapter five-a of this code do not apply to the agreements and contracts executed under the provisions of this article;

(5) Acquire by gift or purchase, hold or dispose of real property and personal property in the exercise of its powers and performance of its duties as set forth in this article;

(6) Receive and dispense funds appropriated for its use by the Legislature or other funding sources or solicit, apply for and receive any funds, property or services from any person, governmental agency or organization to carry out its statutory duties; and

(7) Perform any and all other activities in furtherance of its purpose.

(c) The council shall exercise its powers and authority to bring broadband service to unserved areas. The council may not duplicate or displace broadband service in areas already served or where private industry feasibly can be expected to offer services in the reasonably foreseeable future.

(d) The council shall report to the Joint Committee on Government and Finance on or before January 1 of each year. The report shall include the action that was taken by the council during the previous year in carrying out the provisions of this article. The council shall also make any other reports as may be required by the Legislature or the Governor.

§31-15C-8. Stimulation of demand through public outreach and education.

In order to implement and carry out the intent of this article, the council may take such actions as it deems necessary or advisable in order to stimulate demand through public outreach and education. in unserved areas The council shall consider the views, if offered, of affected members of the public, including private industry.

§31-15C-9. Development of guidelines and application for funding assistance; emergency rule-making authority.

(a) In order to implement and carry out the intent of this article in type 2 and type 3 unserved areas, the council shall promulgate emergency propose rules for legislative approval, pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code, to develop comprehensive, uniform guidelines for use by the council in evaluating any request by a project sponsor for funding assistance to plan, acquire, construct, improve or otherwise develop and execute a broadband deployment project in a type 2 or type 3 unserved area. The council may promulgate emergency rules pending authorization of the legislative rules.

(b) The guidelines shall include the following: factors

(1) The cost-effectiveness of the project;

(2) The economic development benefits of the project;

(3) The availability of alternative sources of funding that could help finance the project, including, but not limited to, private grants or federal funding and the efforts undertaken to obtain such funding;

(4) If the project requires the construction of a network, the applicant’s ability to operate and maintain such network;

(5) The degree to which the project advances statewide broadband access and other state broadband planning goals;

(6) The If the project involves the construction of a network, the proposed technologies, bandwidths, upstream data rates and downstream data rates;

(7) The estimated date dates the project would commence and be completed;

(8) How the proposed project compares to alternative proposals for the same unserved area with regard to the number of people served, the amount of financial assistance sought, and the long-term viability of the proposed project; and

(9) Any other consideration the council deems pertinent in evaluating requests for funding assistance.

(b) (c) Under no circumstances may the council’s guidelines allow for the approval of any project for broadband service that does not include a minimum downstream transmission rate of 600 kilobits per second (Kbps) and a minimum downstream-to-upstream ratio of 8.5:1 for services with a downstream rate of up to five megabits per second (Mbps). In those cases where a project’s broadband service’s downstream rate is five Mbps or greater, the council’s guidelines must require a minimum upstream data rate of 588 Kbps and allow information applications and market demands to dictate acceptable downstream-to-upstream data ratios involving the construction of a network that does not meet the minimum specifications for broadband service as set by the Federal Communications Commission.

(c) (d) The council shall create an application form that shall be used by all project sponsors requesting funding assistance from the council to plan, acquire, construct, improve or otherwise develop and execute broadband deployment projects in type 2 or type 3 unserved areas or broadband demand promotion projects. The application form shall contain all advise applicants of information required by all state agencies that will be required to issue permits and certificates regarding the project.

(e) The application form shall require the project sponsor to set forth:

(1) The proposed location of the project;

(2) If the project involves the construction of a network, the type(s) of unserved area(s) the project proposes to address;

(3) The estimated total cost of the project;

(4) The amount of funding assistance required and the specific uses of the funding;

(5) Other sources of funding available or potentially available for the project;

(6) Information demonstrating the need for the project;

(7) That the proposed funding of the project is the most economically feasible and viable alternative to completing the project; and

(8) Such other information as the council considers necessary.

§31-15C-10. Requirements for project funding assistance; review of project application by council; competitive applications.

(a) Once the council has categorized unserved areas pursuant to section six of this article, As determined by the council, project sponsors may submit applications for funding assistance. for projects in those unserved areas. Upon receiving its first completed application for a categorized unserved area, the council shall post notice of such application with the Secretary of State

(b) Broadband deployment projects, including projects involving the construction of a network, may be submitted for type 2 and/or type 3 unserved areas as those areas are categorized pursuant to section six of this article. Broadband demand promotion projects may be submitted on a statewide or regional basis.

(c) When a completed application is received for a project area, the council shall post notice with the Secretary of State of the first completed application received for that project area. The notice shall be published in the State Register for sixty days so as to allow for competing applications to be submitted to the council.

(d) Within thirty days of the close of the aforementioned sixty-day notice period, the council shall review all applications timely received during the sixty-day period and either:

(i) (1) Approve funding for one or more projects after determining that the funding would constitute an appropriate investment of public funds; or

(ii) (2) Deny the project funding request if the council determines that:

(A) The application does not contain all of the required information; or otherwise

(B) Is incomplete; or that

(D) The proposed project is otherwise not an appropriate or prudent investment of state funds. the council shall deny the project funding request

(e) Prior to approving or denying any funding request, the council may seek the advice of any expert consultant retained pursuant to section seven of this article, but the council is not bound by that advice. The council shall also consider the views, if offered, of affected members of the public, including private industry.

(b) (f) To apply for or receive any funding assistance for a broadband deployment project or a broadband demand promotion project from the council pursuant to subsection (a) of this section, the project sponsor seeking the funding assistance shall submit a completed application to the council on the form prepared for such purpose by the council pursuant to section nine of this article.

(c) In reviewing each application, the council may use the engineering, financial and technical expertise of outside consultants in addition to the respective staffs of the government agencies and private-sector entities represented on the council or other government agencies.

(d) Notwithstanding any provision of article fifteen-a, chapter thirty-one or any other provision of this code, broadband deployment project proposals and broadband demand promotion project proposals submitted to the council for its consideration pursuant to this article and the council’s decisions with regard to such projects shall not be subject to review by the West Virginia Infrastructure and Jobs Development Council.

On motion of Senator Plymale, the following amendment to the Government Organization committee amendment to the bill (Eng. Com. Sub. for H. B. No. 2979) was next reported by the Clerk:

On page five, section four, subsection (c), after the word “future.” by inserting the following:

In providing governmental funding for broadband deployment projects, the council shall give priority to funding for projects in areas without access to broadband service of any type or any speed before providing governmental funding for projects in areas with existing broadband service below the minimum speeds specified in section two of this article.

Following discussion,

The question being on the adoption of Senator Plymale’s amendment to the Government Organization committee amendment to the bill (Eng. Com. Sub. for H. B. No. 2979), the same was put.

The result of the voice vote being inconclusive, Senator Plymale demanded a division of the vote.

A standing vote being taken, there were twenty-two “yeas” and nine “nays”.

Whereupon, the President declared the Senator Plymale’s amendment to the Government Organization committee amendment to the bill adopted.

The question now being on the adoption of the Government Organization committee amendment to the bill, as amended, the same was put and prevailed.

The bill (Eng. Com. Sub. for H. B. No. 2979), as amended, was then 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:

Senate Bill No. 665, Expiring funds from State Fund, General Revenue, and making supplementary appropriation to Attorney General and DHHR, Consolidated Medical Service Fund.

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".

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.

Eng. Com. Sub. for House Bill No. 2357, Relating to sexting by minors.

Eng. Com. Sub. for House Bill No. 2399, Protecting livestock in dire or extreme condition.

Eng. Com. Sub. for House Bill No. 2431, Modifying the application process for obtaining a state license to carry a concealed deadly weapon.

Eng. Com. Sub. for House Bill No. 2453, Expanding the Amber Alert Plan; "SKYLAR'S LAW".

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

Eng. House Bill No. 2508, Changing the capital investment threshold amount.

Eng. Com. Sub. for House Bill No. 2512, Reforming the state Medicaid subrogation statute.

Eng. Com. Sub. for House Bill No. 2514, Lowering the total amount of tax credits available under the Film Industry Investment Act.

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.

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

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

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

Eng. Com. Sub. for House Bill No. 2579, Revising state water quality standard for Selenium.

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

Eng. Com. Sub. for House Bill No. 2608, Requiring appraisal management companies to be registered.

Eng. Com. Sub. for House Bill No. 2626, Authorizing the Department of Military Affairs and Public Safety to promulgate Legislative Rules.

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.

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

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

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.

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.

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

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

And,

Eng. Com. Sub. for House Bill No. 3135, Relating generally to voting system certification and procedures at the central counting center.

Pending announcement of meetings of standing committees of the Senate, including a minority party caucus,

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

Upon expiration of the recess, the Senate reconvened and returned to the consideration of

Com. Sub. for Senate Resolution No. 24, Requesting Congress propose constitutional amendment overturning Citizens United v. Federal Election Commission ruling.

On unfinished business, coming up in deferred order, was again reported by the Clerk.

On motions of Senators Barnes and Snyder, the following amendments to the resolution were reported by the Clerk, considered simultaneously, and adopted:

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

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 in support of or in opposition to candidates for election; and

Whereas, The people of West Virginia and all other states should have the power to limit by law the extent to which money can be spent in their political systems; therefore, be it

Resolved by the Senate:

That the Senate calls upon the United States Congress to propose a constitutional amendment addressing the United States Supreme Court’s decision in Citizens United v. Federal Election Commission 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 in the course of political 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.;

And,

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

Com. Sub. for Senate Resolution No. 24--Calling upon the United States Congress to propose a constitutional amendment addressing the Supreme Court decision in Citizens United v. Federal Elections Commission.

The question now being on the adoption of the resolution, as amended, the same was put and prevailed.

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

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

Your Committee on Government Organization has had under consideration

Eng. Com. Sub. for House Bill No. 2124, Creating new code sections which separate the executive departments.

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,

Herb Snyder,

Chair.

At the request of Senator Snyder, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2124) 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 Finance, 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. House Bill No. 2158, Relating to the provision of financially-related services by banks and bank holding companies.

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. 2590, Creating a public nonprofit corporation and governmental instrumentality to collectively address several environmental and economic development programs.

And has amended same.

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

Respectfully submitted,

Herb Snyder,

Chair.

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

Your Committee on Economic Development has had under consideration

Eng. Com. Sub. for House Bill No. 2600, Creating resort area districts.

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,

Bob Williams,

Chair.

At the request of Senator Williams, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2600) contained in the preceding report from the Committee on Economic Development 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 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. 2603, Relating to the Family Protection Services Board.

With amendments from the Committee on Government Organization pending;

And has also amended same.

Now on second reading, having been read a first time and referred to the Committee on the Judiciary on April 9, 2013;

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 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. 2716, Relating to the West Virginia Fairness in Competitive Bidding Act.

Eng. Com. Sub. for House Bill No. 2730, Relating to the Real Estate Appraisal Board.

And,

Eng. Com. Sub. for House Bill No. 2888, Allowing members of a policemen's civil service commission to serve on other local boards and commissions.

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

Respectfully submitted,

Herb Snyder,

Chair.

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

Your Committee on Finance has had under consideration

Eng. Com. Sub. for House Bill No. 2717, Requiring that deputy sheriffs be issued ballistic vests upon law-enforcement certification.

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. Com. Sub. for House Bill No. 2754, Relating to further defining a retailer engaging in business in this state for purposes of sales and use taxes.

And,

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

And reports the same back with the recommendation that they each 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. Com. Sub. for House Bill No. 2759, Relating to standards for emergency medical service personnel.

And has amended same.

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

Respectfully submitted,

Herb Snyder,

Chair.

At the request of Senator Snyder, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2759) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time and ordered to second reading.

On motion of Senator Snyder, 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. House Bill No. 2780, Relating generally to multidisciplinary team meetings for juveniles committed to the custody of the West Virginia Division of Juvenile Services.

And has amended same.

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

Respectfully submitted,

Corey Palumbo,

Chair.

Senator 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. 2848, Providing the process for requesting a refund after forfeiture of rights to a tax deed.

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. 2897, 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.

Senator Laird, from the Committee on Natural Resources, submitted the following report, which was received:

Your Committee on Natural Resources has had under consideration

Eng. Com. Sub. for House Bill No. 3020, Improving boat dock and marina safety.

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,

William R. Laird IV,

Chair.

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

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

Executive Communications

The Clerk then presented communications from His Excellency, the Governor, advising that on April 10, 2013, he had approved Enr. Committee Substitute for Senate Bill No. 359, Enr. House Bill No. 2487, Enr. House Bill No. 2784 and Enr. House Bill No. 3013.

The Senate again proceeded to the sixth order of business, which agenda includes the making of main motions.

On motion of Senator Palumbo, the Senate requested the return from the House of Delegates of

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

Passed by the Senate in prior proceedings today,

The bill still being in the possession of the Senate,

On motion of Senator Palumbo, the Senate reconsidered its action by which in earlier proceedings today it adopted the Judiciary committee amendment to the title of the bill (shown in the Senate Journal of today, pages 51 and 52).

The vote thereon having been reconsidered,

The question again being on the adoption of the Judiciary committee amendment to the title of the bill.

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

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

Eng. Com. Sub. for House Bill No. 2815--A Bill to amend and reenact §44-10-3 of the Code of West Virginia, 1931, as amended, relating generally to clarifying and modifying the process of appointing and terminating guardians for minors; authorizing concurrent jurisdiction of circuit and family courts for appointment of guardian for a minor; providing venue for petition for appointment; providing proceedings to be conducted in accordance with the Rules of Practice and Procedure for Minor Guardianship Proceedings; providing process for appointment of guardian; setting forth when the circuit clerk is to notify the court of the filing of a petition and when the court is to hold a hearing; setting forth what the court is to consider in appointing a guardian; providing for the appointment of a temporary guardian; providing for the termination or revocation of the guardianship appointment; and providing for the confidentiality of a guardian proceeding.

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

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

Senate Concurrent Resolution No. 62--Urging the United States Army Corps of Engineers and Federal Highways Administration to respect state land use planning processes in carrying out their duties under the National Environmental Policy Act and Clean Water Act and to reject any proposed alternatives which fail to give full effect to state land use planning decisions and urging the United States Environmental Protection Agency to cease its interference with achievement of the goals of state land use planning.

Whereas, The Constitution of the United States of America establishes a system of dual sovereignty in which certain powers and authority are assigned to the federal government and certain powers and authority are reserved to state governments; and

Whereas, The Constitution reserves power and authority over land use planning to state and local governments; and

Whereas, Congress, in the first section of the federal Clean Water Act, makes it clear that “[i]t is the policy of the Congress to recognize, preserve and protect the primary responsibilities of States . . . to plan the development and use (including restoration, preservation and enhancement) of land and water resources . . . .”, 33 U. S. C. §1251(b); and

Whereas, Historically, the economies of the coalfield counties of West Virginia have lacked the diversification necessary to sustain them following the extraction of the readily mineable coal in these counties, primarily due to a lack of developable land; and

Whereas, The Legislature recognized the unique ability of the mining industry to address this issue by creating developable land as a post-mine land use. Therefore, it has established a land use planning process calling for Land Use Master Plans to be developed at the county level, subject to standards established by the Office of Coalfield Community Development, to plan for post-coal mining economic development in these areas; and

Whereas, It was the intent of the Legislature that counties emulate in their land use planning processes the model developed by the Mingo County Redevelopment Authority under the direction of former executive director, the late Mike Whitt; and

Whereas, In 2002, the Mingo County Redevelopment Authority hired an engineering company to develop a Land Use Master Plan. The authority entered into a collective agreement with a mining contractor to construct a utilities corridor, whereby the following year the West Virginia Department of Transportation signed a contract with the contractor for construction of the I-73/I-74 King Coal Highway, Red Jacket Section, and the Federal Highway Administration authorized funds for the project; and

Whereas, In 2004, Mike Whitt and the Mingo County Redevelopment Authority were awarded the EPA's Region 3 Phoenix Award, an award that recognizes individuals and groups who are working to solve the critical environmental challenge of transforming abandoned industrial areas into productive new uses. The most notable of new uses are development of the Mingo County Wood Products and Industrial Park; development of the Belo Industrial Park; development of Mingo County Fish Hatchery; construction of the new Mingo Central High School; construction of the Air Transportation Park; and construction of the Coal-To-Liquids Plant; as well as future housing subdivisions, commercial developments and recreation areas such as the Twisted Gun Golf Course; and

Whereas, These plans were developed by the Mingo County Redevelopment Authority through public meetings and public hearings and were eventually approved by the Mingo County commission; and

Whereas, The Mingo County Land Use Master Plan envisions that the land on the top of Buffalo Mountain and vicinity in Mingo County be utilized for construction of the four-lane I-73/I-74 King Coal Highway along with hundreds of acres of flat land alongside it for economic development; and

Whereas, Senator Robert Byrd secured $3 million for infrastructure development for the corridor construction and secured an additional $3.2 million in 2008; and

Whereas, The West Virginia Department of Environmental Protection (DEP) has approved a surface mine permit for Consol of Kentucky which authorizes Consol of Kentucky to mine Buffalo Mountain and vicinity and requires it to provide the road bed for a five-mile segment of the King Coal Highway, along with hundreds of acres of developable land alongside it, all at no cost to the state or the federal government; and

Whereas, The construction of the I-73/I-74 Corridor from Taylorsville to Gilbert Creek, approximately eleven miles, includes infrastructure improvements and planned development, utilizing each valuable section of property for a “greater and better use” as defined in the Clean Water Act of 1972; and

Whereas, The post-mine land use approved by the Department of Environmental Protection for Buffalo Mountain and vicinity fully comports with the Mingo County Land Use Master Plan and will save the federal and state governments over $110 million in highway construction costs and will provide Mingo County the opportunity to achieve a diversified post-coal economy, all as intended by the Legislature; and

Whereas, The Army Corps of Engineers is considering the application of Consol of Kentucky for the permit Consol needs under Section 404 of the federal Clean Water Act in order to accomplish its mining and approved post-mine land use in accordance with the Mingo County Land Use Master Plan; and

Whereas, Incident to the Corps’ Section 404 permitting, it is participating with the Federal Highways Administration in development of a Supplemental Environmental Impact Statement under the National Environmental Policy Act for the highway alignment on Buffalo Mountain, economic development, mining and other ancillary activities; and

Whereas, The United States Environmental Protection Agency (EPA) is advocating that the Federal Highways Administration and the Corps consider its alternative design for the mine and highway road bed, which would eliminate all of the flat land for economic development along the highway, disregarding and contradicting the Mingo County Land Use Master Plan and the whole purpose behind the land use planning policy established for this sovereign state by the Legislature; and

Whereas, The Federal Highways Administration and the Corps are accepting comments on their Draft Supplemental Environmental Impact Statement through May 22, 2013; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby urges the United States Army Corps of Engineers and Federal Highways Administration to respect state land use planning processes in carrying out their duties under the National Environmental Policy Act and Clean Water Act and to reject any proposed alternatives which fail to give full effect to state land use planning decisions and urges the United States Environmental Protection Agency to cease its interference with achievement of the goals of state land use planning; and, be it

Further Resolved, That the West Virginia Legislature declares that the post-mine land use approved by the Department of Environmental Protection for Buffalo Mountain to be in accordance with the Mingo County Land Use Master Plan and the state’s policy for land use planning; and, be it

Further Resolved, That the Legislature strongly believes the alternative design advocated by the United States EPA: (1) Violates the Mingo County Land Use Master Plan and the state’s policy for land use planning; (2) cannot be considered to be a legitimate alternative to the design approved by the DEP; and (3) must be rejected by the Army Corps of Engineers and Federal Highways Administration; and, be it

Further Resolved, That the Legislature requests that the United States EPA respect the state’s land use planning processes and cease its interference in the state’s attempts to achieve the goals of these processes in this case and in all others; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Governor of West Virginia for inclusion, along with any remarks he cares to provide as to the comments of the State of West Virginia on this matter, to the Army Corps of Engineers, Federal Highways Administration, United States EPA, Council on Environmental Quality and such other persons as he sees fit.

At the request of Senator Facemire, unanimous consent being granted, the resolution was taken up for immediate consideration.

The question being on the adoption of the resolution, 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.

Pending announcement of meetings of standing committees of the Senate,

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

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