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sdj-56th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2009

FIFTY-SIXTH DAY

____________

Charleston, W. Va., Tuesday, April 7, 2009

     The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

     Leanne Dotson of Bridgeport, West Virginia, proceeded in the singing of "Somebody's Praying" and "The West Virginia Hills".
     Pending the reading of the Journal of Monday, April 6, 2009,
     On motion of Senator D. Facemire, 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 from passage, of
     Eng. Com. Sub. for Senate Bill No. 259, Clarifying certain terminology within Courthouse Facilities Improvement Authority.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
     Eng. Com. Sub. for Senate Bill No. 284, Relating to Viatical Settlements Act.
     On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendments to the bill were reported by the Clerk:
     On page five, section three, lines seventy-three and seventy- four, by striking out the words "$20,000 and $100,000" and inserting in lieu thereof the words "$100,000 and $300,000";
     And,
     Eng. Com. Sub. for Senate Bill No. 284--A Bill to amend and reenact §33-13C-3 and §33-13C-16 of the Code of West Virginia, 1931, as amended, all relating to viatical settlements; adding alternative means for satisfying financial requirements for the licensing of viatical settlement providers and brokers; and making criminal provisions applicable to any person violating the Viatical Settlements Act.
     On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
     Engrossed Committee Substitute for Senate Bill No. 284, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 284) passed with its House of Delegates amended title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
     Eng. Senate Bill No. 445, Removing conservation supervisors' election certification requirements.
     On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendments to the bill were reported by the Clerk:
     By striking out everything after the enacting clause and inserting in lieu thereof the following:
     That §19-21A-6 and §19-21A-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 21A. CONSERVATION DISTRICTS.
§19-21A-6. Election of supervisors for each district; filling vacancies.

     (a) Beginning with the 2008 general election each Each county in a district shall elect two nonpartisan supervisors: Provided, That any county with a population of one hundred thousand based on the most recent decennial census shall elect one additional supervisor and any county with a population over one hundred thousand based on the most recent decennial census shall elect one additional supervisor for each fifty thousand residents over one hundred thousand.
     (b) A candidate for supervisor shall own land in the district and have the education, training or experience necessary to carry out the duties required by this article and rules promulgated thereunder. A candidate shall file with the committee a sworn written statement specifying that he or she meets the requirements of office. A candidate may not be placed on the ballot or be seated as a supervisor unless he or she meets the requirements.
     
(c) The committee shall provide a list of qualified candidates to the Secretary of State no less than ninety days prior to any election for supervisor in the manner specified by the Secretary.
     
(d) No nominating petition may be accepted by the committee unless it is subscribed by twenty-five or more owners of lands lying within the boundaries of the district and within the boundaries of the county in which the candidate resides. Landowners in the district may sign more than one nominating petition to nominate more than one candidate for supervisor.
     
(e) (b) All registered voters in the district are eligible to vote in the election for candidates from the county within the boundaries of the district in which the voter resides. The candidates in each county who receive the largest number of votes cast in the election shall be elected supervisors for that county.
     (f) (c) Supervisors shall be elected in the general election to be conducted in the year 2008 as nonpartisan candidates. Thereafter After that, supervisors shall be elected in the primary election. The term of office for the candidate for supervisor receiving the highest number of votes in the general election of 2008 shall be for is four years; the candidate for supervisor receiving the second highest number of votes in the general election of 2008 shall be for is two years. In counties where more than two supervisors are elected in the general election of 2008, the two supervisors receiving the highest number of votes shall serve for four years and the remaining supervisor or supervisors shall serve for two years. Subsequent terms Terms of office for supervisors elected thereafter shall be for after that are four years. The provisions of chapter three of this code shall apply to election of supervisors.
     (g) (d) Persons currently holding the position of supervisor, shall regardless of the expiration of the currently designated term of office, continue to serve until the election and qualification of his or her successor.
     (h) (e) Any vacancy occurring in the office of supervisor shall be filled by the committee by appointment of a person from the county in which the vacancy occurs. Within fifteen days after the vacancy occurs, the district shall submit a list of names of persons qualified to be a supervisor. If the unexpired term is for less than two years and two months, the appointed person shall hold holds office until the expiration of the term. If the unexpired term is for more than two years and two months, the appointed person shall hold holds the office until a successor is elected in the next primary or general election and qualified.
§19-21A-7. Supervisors to constitute governing body of district; qualifications and terms of supervisors; powers and duties.

     (a) The governing body of the district consists of the supervisors, appointed or elected, as provided in this article. The supervisors shall be persons who are by training and experience qualified to perform the specialized skilled services which are required of them in the performance of their duties under this section and shall be legal residents and landowners in the district.
     (b) The supervisors shall designate a chairperson and may, from time to time, change the designation. On and after the election of supervisors in 2008, the term of office of each elected supervisor is four years. A supervisor holds office until his or her successor has been elected or appointed. In case a new county is added to a district, the committee may appoint two supervisors to represent the county until the next regular election of supervisors for the district takes place.
     (c) A supervisor is entitled to reasonable and necessary expenses and a per diem of not more than $150 nor less than $30 when engaged in the performance of his or her duties. The expense and per diem rate shall be established by the state committee based on availability of funds.
     (d) The supervisors may, with the approval of the State Conservation Committee, employ a secretary, dam monitors, technical experts and any other officers, agents and employees, permanent and temporary, either with or without compensation, as they may require and shall determine their qualifications, duties and compensation, if any. Dam monitors, as specified in any emergency action plan or monitoring plan approved by the Department of Environmental Protection pursuant to its dam safety rules, pertaining to a flood control structure operated or maintained by a soil conservation district and any other employees, agents or officers employed pursuant to this section are "employees" of the district within the meaning of subsection (a), section three, article twelve-a, chapter twenty-nine of this code.
     (e) The supervisors may delegate to their chairperson, to one or more supervisors or to one or more agents, or employees, those administrative powers and duties they consider proper. The supervisors shall furnish to the State Conservation Committee, upon request, copies of the ordinances, rules, orders, contracts, forms and other documents they adopt or employ and any other information concerning their activities required in the performance of State Conservation Committee's duties under this article.
     (f) The supervisors shall:
     (1) Require the execution of surety bonds for all employees and officers who are entrusted with funds or property;
     (2) Provide for the keeping of a full and accurate record of all proceedings and of all resolutions, rules and orders issued or adopted; and
     (3) Provide for an annual audit of the accounts of receipts and disbursements.
     (g) Any supervisor may be removed by the State Conservation Committee upon notice and hearing for neglect of duty or malfeasance in office, but for no other reason.
     (h) The supervisors may invite the legislative body of any municipality or county located near the territory comprised within the district to designate a representative to advise and consult with the supervisors of a district on all questions of program and policy which may affect the property, water supply or other interests of the municipality or county.;
     And,
     Eng. Senate Bill No. 445--A Bill to amend and reenact §19-21A-6 and §19-21A-7 of the Code of West Virginia, 1931, as amended, relating to removing certain requirements and the certification requirements for election of conservation supervisors.
     On motion of Senator Chafin, the Senate refused to concur in the foregoing House amendments to the bill (Eng. S. B. No. 445) and requested the House of Delegates to recede therefrom.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
     Eng. Senate Bill No. 473, Clarifying civil service job posting provisions.
     On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendment to the bill was reported by the Clerk:
     By striking everything after the enacting section and inserting in lieu thereof the following:
     (a) Whenever a job opening occurs within the classified service, the appointing authority shall, in addition to any other requirement of law or regulation for the posting of job opening notices, at least ten working days before making an appointment to fill the job opening, post a notice within the building or facility where the duties of the job will be performed and throughout the agency, which notice states that a job opening has occurred and describes the duties to be performed by a person employed in that position.
     (b) If an individual selected for a posted vacancy within the first ten work days of employment: (1) Refuses the offer of employment; (2) fails to report to work; or (3) resigns or otherwise separates from employment, the appointing authority is not required to repost the vacancy prior to another appointment to the position if the appointment is made within thirty days and the selection is made from the pool of eligible applicants from which the first employee was hired.
     On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.
     Engrossed Senate Bill No. 473, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 473) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Senate Bill No. 487, Relating to Division of Personnel Director's qualifications.

     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendment, as to
     Eng. Com. Sub. for Senate Bill No. 526, Relating to osteopathy post-doctoral training requirements.
     On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendment to the bill was reported by the Clerk:
     By striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
     That §30-14-1, §30-14-2, §30-14-4, §30-14-5, §30-14-6 and §30-14-10 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:.
     On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.
     Engrossed Committee Substitute for Senate Bill No. 526, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 526) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 526) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Senate Bill No. 572, Repealing section creating Public Employee Leave Benefit Analysis Board.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Senate Bill No. 587, Repealing section creating State Personnel Advisory Council.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Senate Bill No. 588, Repealing section creating Public Insurance Agency Advisory Board.
     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. 45--Requesting the Division of Highways name the 36th Street Bridge, Charleston, West Virginia, otherwise identified as bridge 20-60/20-0.14, number 2565, as the "Bob Basil Memorial Bridge".
     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. 57--Requesting the Governor adopt a "West Virginia Coal Miner Appreciation Day" in the State of West Virginia.
     Referred to the Committee on Rules
.
     The Senate proceeded to the fourth order of business.
     Senator Kessler, 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. 2464, Authorizing county commissions to designate locations for early voting other than the county courthouse or annex.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2464) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Fanning, 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. 3063, Relating to hunting, tagging and reporting bear.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               John Pat Fanning,
                               Chair.
     Senator Kessler, 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. 3134, Municipal vote by mail pilot program.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 3134) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
     Your Committee on Pensions has had under consideration
     Eng. Com. Sub. for House Bill No. 3158, Providing assistance to certain political subdivision activities involving municipal policemen's and firemen's pensions and relief systems and volunteer fire 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,
                               Dan Foster,
                               Chair.
     At the request of Senator Foster, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 3158) contained in the preceding report from the Committee on Pensions was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Pensions pending.
     The Senate proceeded to the sixth order of business.
     Senators Foster, Palumbo, Laird, Plymale and Wells offered the following resolution:
     Senate Concurrent Resolution No. 61--
Requesting the Joint Committee on Government and Finance study the results of the Racial Profiling Data Collection Act.
     Whereas, The West Virginia Legislature adopted the Racial Profiling Data Collection Act during its 2004 regular session; and
     Whereas, Legislative rules governing the study were adopted in 2006 and the study itself was conducted between April, 2007, and September, 2008; and
     Whereas, Information based on over 300,000 traffic stops by city police, sheriff's deputies and state troopers throughout West Virginia has shown that African-American and Hispanic motorists on West Virginia highways are proportionately more likely to be stopped and searched than caucasian drivers; and
     Whereas, This matter should be studied from several different perspectives, including, but not limited to:
     (1) The negative impact racial profiling has on the credibility of law enforcement within minority communities; and
     (2) Further investigation with the results of the study to determine why a disproportionate percentage of roadside searches conducted produced no incriminating contraband; and
     (3) The negative impact racial profiling has on the image of West Virginia and that of its political subdivisions; and
     (4) The position of the Legislature to raise awareness about racial profiling and the rights of motorists in regard to being stopped and searched on West Virginia highways; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the results of the Racial Profiling Data Collection Act; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, 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 Wells, Palumbo, Jenkins, Williams, Stollings, Laird, Oliverio, Plymale and Minard offered the following resolution:
     Senate Resolution No. 53--Recognizing the West Virginia National Guard for its service, dedication and commitment.
     Whereas, The West Virginia National Guard has a long and storied tradition as a community-based defense force dating back to formation of the first militia company in what is now Berkeley County; and
     Whereas, The West Virginia National Guard's 201st Field Artillery Battalion is recognized by the United States Army Institute of Heraldry as the oldest unit in the Army with continuous active service since the 17th of February 1735; and
     Whereas, The West Virginia National Guard encompasses nearly 7,000 soldiers and airmen in more than 30 units throughout West Virginia; and
     Whereas, The West Virginia National Guard is a battle-tested organization, having deployed every unit and more than 8,000 Guard members since September 11, 2001, to defend freedom and spread democracy around the world; and
     Whereas, The West Virginia National Guard has been called to state active duty for FEMA-declared disasters more than 60 times since 1995 to help West Virginia citizens affected by natural disasters; and
     Whereas, The West Virginia National Guard plays a vital role in defending the homeland by deploying specialized weapons of mass destruction teams; assisting in vulnerability assessments on the nation's critical infrastructure; and managing unique training venues for military and civilian first responders; and
     Whereas, The West Virginia National Guard is committed to the state's economic development by creating job opportunities for state citizens to work on national-level military programs while raising their families right here in West Virginia; therefore, be it
     Resolved by the Senate:
     That the Senate hereby recognizes the West Virginia National Guard for its service, dedication and commitment; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia National Guard.
     At the request of Senator Wells, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     On motion of Senator Chafin, the Senate recessed for one minute.
     Upon expiration of the recess, the Senate reconvened and, at the request of Senator Chafin, and by unanimous consent, returned to the fourth order of business.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Senate Concurrent Resolution No. 62 (originating in the Committee on Finance)--Requesting the Joint Committee on Government and Finance study the tax structure, including payments in lieu of taxes, in the State of West Virginia, including a comparison of all tax relief for corporations, whether situated within the state or not, against tax relief for individuals at this time of economic recession.
     Whereas, Nearly all of the state's general revenue budget comes from taxes collected; and
     Whereas, West Virginia, like the rest the nation, is experiencing budget shortfalls; and
     Whereas, In this time of economic recession, individuals and businesses alike are finding it more difficult to meet the tax burdens imposed upon them; and
     Whereas, It is critical to assess the burden of taxes by the State of West Virginia upon its citizens as compared to the economic impact that any reduction in tax revenue would have on our economic prosperity and security; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the tax structure, including payments in lieu of taxes, in the State of West Virginia, including a comparison of all tax relief for corporations, whether situated within the state or not, against tax relief for individuals at this time of economic recession; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     And reports the same back with the recommendation that it be adopted.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     Senator Chafin announced that in the meeting of the Committee on Rules previously held, the committee, in accordance with rule number seventeen of the Rules of the Senate, had removed from the Senate third reading calendar, Engrossed House Bill No. 2651, Engrossed Committee Substitute for House Bill No. 2660 and Engrossed Committee Substitute for House Bill No. 2742.
     Senator Chafin also announced that in the same meeting, the Committee on Rules had returned to the Senate calendar, on second reading, Engrossed House Bill No. 2734, under rule number seventeen of the Rules of the Senate.
     The Senate proceeded to the seventh order of business.
     Senate Concurrent Resolution No. 4, Requesting Joint Committee on Government and Finance study gray energy research benefits.
     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. 5, Requesting Joint Committee on Government and Finance study deer/vehicle collision.
     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. 21, Requesting Joint Committee on Government and Finance study reclassifying counties.
     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.
     Com. Sub. for Senate Concurrent Resolution No. 24, Requesting Joint Committee on Government and Finance study implementing year-round school.
     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. 31, Requesting Joint Committee on Government and Finance study mountaintop removal site uses.
     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. 36, Requesting Joint Committee on Government and Finance create joint interim committee to study various higher education personnel administration and flexibility issues.
     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. 49, Requesting Joint Committee on Government and Finance study benefits of establishing charter schools.
     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. 53, Requesting Joint Committee on Government and Finance study State Rail Plan.
     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. 54, Requesting Joint Committee on Government and Finance study green initiatives.
     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. 55, Requesting Joint Committee on Government and Finance study regulating railroad walkways.
     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. 56, Requesting Joint Committee on Government and Finance study grant funding received by state institutions of higher education.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Education; and then to the Committee on Rules.
     Senate Concurrent Resolution No. 57, Requesting Joint Committee on Government and Finance study proposed new state business and occupation tax on high-voltage electric power transmission lines.
     On unfinished business, coming up in regular order, was reported by the Clerk.
     On motion of Senator Edgell, the resolution was referred to the Committee on Rules.
     Senate Concurrent Resolution No. 58,
Requesting Joint Committee on Government and Finance study repealing nuclear power plant construction ban.
     On unfinished business, coming up in regular order, was reported by the Clerk.
     On motion of Senator Edgell, the resolution was referred to the Committee on Rules.
     Senate Concurrent Resolution No. 59, Requesting Joint Committee on Government and Finance study improving and updating severance tax on natural gas and oil.
     On unfinished business, coming up in regular order, was reported by the Clerk.
     On motion of Senator Edgell, the resolution was referred to the Committee on Rules.
     Senate Concurrent Resolution No. 60, Requesting Joint Committee on Government and Finance study grants through Economic Development Grant Committee.
     On unfinished business, coming up in regular order, was reported by the Clerk.
     On motion of Senator Edgell, the resolution was referred to the Committee on Rules.
     House Concurrent Resolution No. 27, The "Eugene Collins 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.
     House Concurrent Resolution No. 38,
The "Bob W. Bellomy 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.

     The Senate proceeded to the eighth order of business.
     Eng. House Bill No. 2069, Increasing the faculty senate allotment for classroom teachers and librarians.
     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, Boley, Bowman, Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Chafin--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2069) passed.
     The following amendment to the title of the bill, from the Committee on Education, was reported by the Clerk and adopted:
     Eng. House Bill No. 2069--A Bill to amend and reenact §18-5A-5 of the Code of West Virginia, 1931, as amended, relating to public school faculty senates; increasing the faculty senate allotment for classroom teachers and librarians from $50 to at least $100; and providing a two-hour block of time for a faculty senate meeting during an instructional day in each of certain months.
     Senator Edgell moved that the bill take effect July 1, 2009.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Chafin--1.
     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. 2069) takes effect July 1, 2009.
     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. 2225, Authorizing the Department of Education and the Arts to Promulgate Legislative Rules.
     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, Boley, Bowman, Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Chafin--1.
     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. 2225) passed with its title.
     Senator Edgell moved that the bill take effect from passage.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Chafin--1.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2225) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. Com. Sub. for House Bill No. 2305, Revising appointment and compensation provisions of the Supreme Court Clerk and his or her staff.
     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, Boley, Bowman, Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Chafin--1.
     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. 2305) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. House Bill No. 2404, Relating to inmate reimbursement for medical services provided to persons held in regional jails.
     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, Boley, Bowman, Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Chafin--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2404) passed.
     The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     Eng. House Bill No. 2404--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-20-5f, relating to inmate reimbursement to the authority for medical services provided to persons held in regional jails; providing exceptions for reimbursement for medical services; and providing authority for rulemaking.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 2474, Exempting land-based finfish aquaculture facilities from certain sludge management requirements.
     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, Boley, Bowman, Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Chafin--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2474) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. House Bill No. 2651, Repealing article regulating male breeding animals.
     Having been removed from the Senate third reading calendar in earlier proceedings today, no further action thereon was taken.
     Eng. House Bill No. 2652, Repealing the Tree Fruit Industry Self-Improvement Act of 1984.
     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, Boley, Bowman, Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Chafin--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2652) 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. 2660, Expanding the definition of limited health care service.
     Having been removed from the Senate third reading calendar in earlier proceedings today, no further action thereon was taken.
     Eng. Com. Sub. for House Bill No. 2702, Relating to the Deputy Sheriff Retirement System Act.
     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, Boley, Bowman, Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Chafin--1.
     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. 2702) 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. 2703, Relating to the State Teachers Retirement System.
     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, Boley, Bowman, Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Chafin--1.
     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. 2703) 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. 2738, Registering protective orders with the West Virginia Supreme Court of Appeals.
     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, Boley, Bowman, Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Chafin--1.
     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. 2738) 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. 2738--A Bill to amend and reenact §48-27-402 of the Code of West Virginia, 1931, as amended; that §48-28-5 of said code be amended and reenacted; and that §51- 1-21 of said code be amended and reenacted, all relating generally to registering protective orders with the West Virginia Supreme Court of Appeals.
     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. 2742, Repealing outdated provisions from the WV Code relating to vinegars.
     Having been removed from the Senate third reading calendar in earlier proceedings today, no further action thereon was taken.
     Eng. Com. Sub. for House Bill No. 2757, Relating to financial audits of insurers.
     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, Boley, Bowman, Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Chafin--1.
     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. 2757) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 3066, Clarifying the supervision requirements for elevator apprentices under elevator safety.
     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, Boley, Bowman, Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Chafin--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 3066) 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. 3076, Relating to the regulation and operation of cranes.
     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, Boley, Bowman, Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Chafin--1.
     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. 3076) 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. 3082, Relating to the gathering and reporting of foreclosure data and statistics.
     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: Boley, Bowman, Browning, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
     The nays were: Barnes and Caruth--2.
     Absent: Chafin--1.
     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. 3082) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 3189, Adding members to the Capitol Building Commission.
     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, Boley, Bowman, Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Chafin--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 3189) passed with its title.
     Senator Edgell moved that the bill take effect from passage.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Chafin--1.
     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. 3189) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. Com. Sub. for House Bill No. 3208, Including the hours of training county board members have acquired.
     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, Boley, Bowman, Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Chafin--1.
     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. 3208) passed.
     The following amendment to the title of the bill, from the Committee on Education, was reported by the Clerk and adopted:
     Eng. Com. Sub. for House Bill No. 3208--A Bill to amend and reenact §18-2E-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §18-4-1 and §18-4-4 of said code; and to amend and reenact §18-5-1a of said code, all relating to reporting hours of certain training received by county board members on county report card; clarifying eligibility for county board of education generally; providing for appointment and term of interim county superintendents to fill vacancies; providing for appointment and terms of acting county superintendents under certain circumstances; requiring certification to state superintendent of certain appointments, reappointments and appointment terminations; modifying deadline for setting annual compensation of county superintendents; establishing county board member training standards review committee; providing for member appointments, duties and certain expenses under certain circumstances; clarifying eligibility requirements for candidates, members and members-elect of county boards of education; prohibiting certain political activities and clarifying which political activities are permissible; removing certain duty of state board of education regarding members of county boards of education; making technical clarifications of current law; authorizing candidates for county boards of education to hold public office until taking the oath of office as members of county boards; adding definition of neglect of duty; making other technical changes; and clarifying terms.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. House Bill No. 3229, Relating to creation of the Science and Research Council.
     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, Boley, Bowman, Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Chafin--1.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 3229) passed.
     The following amendment to the title of the bill, from the Committee on Education, was reported by the Clerk and adopted:
     Eng. House Bill No. 3229--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18B-18B-1 and 18B-18B-2, all relating to creation of the Science and Research Council; establishing purposes; providing for membership appointments, qualifications, and terms of office; providing that the council replaces the EPSCoR Advisory Council; requiring development of a strategic state plan for science and technology research; and requiring annual reports to the Legislative Oversight Commission on Education Accountability.
     Senator Edgell moved that the bill take effect July 1, 2009.
     On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
     The nays were: None.
     Absent: Chafin--1.
     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. 3229) takes effect July 1, 2009.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     The Senate proceeded to the ninth order of business.
     Eng. Com. Sub. for House Bill No. 2218, Authorizing the Department of Transportation to promulgate legislative rules.
     On second reading, coming up in regular order, was read a second time.
     The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On page five, section two, after line fifteen, by striking out the remainder of the bill and inserting in lieu thereof the following:
     On page two, following "2.25" by striking out the words "off premise";
     On page two, following subsection 2.25, by inserting the following:
     2.25.a. An off-premise CMS may not include moving video or scrolling messages. Off-premise CMS must comply with all requirements for off-premise signs generally.
     2.25.b. An on-premise CMS may scroll or change message content, but may not contain flashing images. On-Premise CMS must comply with all requirements for on-premise signs generally.
     2.25.c. No CMS sign, display or device, whether on-premise or off premise, may be illuminated by any rapid flashing intermittent light or lights.;
     On page fourteen, paragraph 7.4.c.1. following the word "Division." by inserting the following:
     With the prior written approval of the Commissioner of Highways, a county commission may enact and enforce outdoor advertising ordinances which place limitations or restrictions on outdoor advertising signs, displays or devices which are in addition to or more restrictive than the limitations or restrictions provided by the Commissioner of Highways.;
     On page eighteen, paragraph 7.8.d.2., following the word "No" by inserting the words "off-premise";
     On page eighteen, paragraph 7.8.d.4., following the word "No" by inserting the words "off-premise";
     On page eighteen, following "7.8.e.1.", by inserting the words "Off-premise";
     On page eighteen, paragraph 7.8.e.1., following the word "No" by inserting the words "off-premise";
     On page eighteen, following "7.8.e.2.", by inserting the words "Off-premise";
     On page eighteen, following "7.8.e.3.", by inserting the words "Off-premise";
     On page eighteen, paragraph 7.8.e.3., following the word "another" by inserting the words "off-premise";
     On page nineteen, paragraph 7.8.e.4., following the words "may be modified to" by striking out the word "a", and inserting in lieu thereof the words "an off-premise";
     On page nineteen, paragraph 7.8.e.4., following the word "with" by inserting the words "off-premise";
     On page nineteen, paragraph 7.8.e.4., following the words "may not be modified to" by striking out the word "a" and inserting in lieu thereof the words "an off-premise";
     On page nineteen, following "7.8.e.7.", by inserting the words "Off-premise";
     On page nineteen, following "7.8.e.8.", by inserting the words "Off-premise";
     On page nineteen, paragraph 7.8.e.8., following the word "way." by inserting the words "Off-premise";
     On page nineteen, paragraph 7.8.e.9., following the word "on" by inserting the words "off-premise";
     On page nineteen, paragraph 7.8.e.10., following the words "revised to" by striking out the word "a" and inserting the words "an off-premise";
     On page nineteen, paragraph 7.8.e.10., following the words "become" by striking out the word "a" and inserting the words "an off-premise";
     On page nineteen, paragraph 7.8.e.10., following the word "No" by inserting the words "off-premise";
     On page nineteen, paragraph 7.8.e.11., following the word "No" by inserting the words "off-premise";
     On page twenty, paragraph 7.9.d.8., by striking out the word "chapter" and inserting in lieu thereof the word "rule";
     On page twenty, by striking out paragraph 7.9.d.9. in its entirety;
     On pages twenty and twenty-one, by striking out subparagraph 7.9.d.9.A. in its entirety;
     On page twenty-five, subparagraph 7.15.d.4.D, following the word "any" by inserting the word "rapid";
     On page twenty-five, subparagraph 7.15.d.4.D, following the word "flashing" by striking out the words "intermittent or moving";
     On page twenty-five, by striking out subparagraph 7.15.d.4.E. in its entirety and relettering the remaining subparagraphs;      On pages thirty-one and thirty-two, by striking out subdivision 9.5.h. in its entirety and inserting in lieu thereof a new subdivision, designated 9.5.h., to read as follows:
     9.5.h. If an application for a roadside memorial sign is granted, the Commissioner shall so inform the applicant in writing. Upon the receipt of a non-refundable payment of two hundred dollars ($200), the Division shall procure and install the sign and shall notify the applicant in writing when the sign has been installed.;
     On page thirty-two, by striking out subdivision 9.5.i. in its entirety and inserting in lieu thereof a new subdivision, designated 9.5.i., to read as follows:
     9.5.i. The initial payment of two hundred dollars ($200) shall compensate the Division for its review of the application, the installation of the roadside memorial sign and its maintenance for a period of three years from the date of installation. The applicant may make a second, optional payment of two hundred dollars ($200) to extend the display and maintenance of the sign for one additional three-year period The Division will repair or replace the sign at its election, once during each three year period if damaged or destroyed. At the end of the initial or renewal period, whichever come later, the sign will be removed and offered to the applicant(s).;
     And,
     On page thirty-two, by striking out subdivision 9.5.j. in its entirety and inserting in lieu thereof a new subdivision, designated 9.5.j., to read as follows:
     9.5.j. If at any time during the application and fabrication process another member of the victim's immediate family objects to the sign, the process shall be halted and the application, the two hundred dollar ($200) fee, and the related documentation shall be returned to the applicant. If the sign has been installed, the Division shall remove it and furnish it to the applicant, and the Division shall retain the two hundred dollar ($200) fee.
     The bill (Eng. Com. Sub. for H. B. No. 2218), as amended, was then ordered to third reading.
     Eng. Com. Sub. for House Bill No. 2222, Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. Com. Sub. for House Bill No. 2407, Relating to trustee accounts and funds, earnings and personal property of inmates.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. Com. Sub. for House Bill No. 2569, Creating the Juvenile Services Reimbursement Offender Fund.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. Com. Sub. for House Bill No. 2684, West Virginia Drug Offender Accountability and Treatment Act.
     On second reading, coming up in regular order, was read a second time.
     The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     By striking out everything after the enacting section and inserting in lieu thereof the following:
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.

ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.
§61-11-22. Pretrial diversion agreements; conditions; drug court programs.

     (a) A prosecuting attorney of any county of this state or a person acting as a special prosecutor may enter into a pretrial diversion agreement with a person under investigation or charged with an offense against the state of West Virginia, when he or she considers it to be in the interests of justice. The agreement is to be in writing and is to be executed in the presence of the person's attorney, unless the person has executed a waiver of counsel.
     (b) Any agreement entered into pursuant to the provisions of subsection (a) of this section may not exceed twenty-four months in duration. The duration of the agreement must be specified in the agreement. The terms of any agreement entered into pursuant to the provisions of this section may include conditions similar to those set forth in section nine, article twelve, chapter sixty-two of this code relating to conditions of probation. The agreement may require supervision by a probation officer of the circuit court, with the consent of the court. An agreement entered into pursuant to this section must include a provision that the applicable statute of limitations be tolled for the period of the agreement.
     (c) A person who has entered into an agreement for pretrial diversion with a prosecuting attorney and who has successfully complied with the terms of the agreement is not subject to prosecution for the offense or offenses described in the agreement or for the underlying conduct or transaction constituting the offense or offenses described in the agreement, unless the agreement includes a provision that upon compliance the person agrees to plead guilty or nolo contendere to a specific related offense, with or without a specific sentencing recommendation by the prosecuting attorney.
     (d) No person charged with a violation of the provisions of section two, article five, chapter seventeen-c of this code may participate in a pretrial diversion program. No person charged with a violation of the provisions of section twenty-eight, article two of this chapter may participate in a pretrial diversion program unless the program is part of a community corrections program approved pursuant to the provisions of article eleven-c, chapter sixty-two of this code. No person indicted for a felony crime of violence against the person where the alleged victim is a family or household member as defined in 48-27-203 section two hundred three, article twenty-seven, chapter forty-eight of this code or indicted for a violation of the provisions of sections three, four or seven, article eight-b of this chapter is eligible to participate in a pretrial diversion program. No defendant charged with a violation of the provisions of section twenty-eight, article two of this chapter or subsections (b) or (c), section nine, article two of this chapter where the alleged victim is a family or household member is eligible for pretrial diversion programs if he or she has a prior conviction for the offense charged or if he or she has previously been granted a period of pretrial diversion pursuant to this section for the offense charged. Notwithstanding any provision of this code to the contrary, defendants charged with violations of the provisions of section twenty-eight, article two, chapter sixty-one of this code or the provisions of subsection (b) or (c), section nine, article two of said chapter where the alleged victim is a family or household member as defined by the provisions of 48-27-203 section two hundred three, article twenty-seven, chapter forty-eight of this code are ineligible for participation in a pretrial diversion program before the first day of July, two thousand two July 1, 2002, and before the community corrections subcommittee of the Governor's Committee on Crime, Delinquency and Correction established pursuant to the provisions of section two, article eleven-c, chapter sixty-two of this code, in consultation with the working group of the subcommittee, has approved guidelines for a safe and effective program for diverting defendants charged with domestic violence.
     (e) The provisions of section twenty-five of this article are inapplicable to defendants participating in pretrial diversion programs who are charged with a violation of the provisions of section twenty-eight, article two, chapter sixty-one of this code. The community corrections subcommittee of the Governor's Committee on Crime, Delinquency and Correction established pursuant to the provisions of section two, article eleven-c, chapter sixty-two of this code shall, upon approving any program of pretrial diversion for persons charged with violations of the provisions of section twenty-eight, article two, chapter sixty-one of this code, establish and maintain a central registry of the participants in the programs which may be accessed by judicial officers and court personnel.
     (f)(1) The chief judge of a circuit court in cooperation with the prosecuting attorneys, the public defenders, if any, in the circuit, and the community criminal justice board if the program is to be operated pursuant to the provisions of article eleven-c, chapter sixty-two of this code may establish and operate a drug court program as a diversion program or an alternative sentencing program, or both, to address offenses that stem from substance use or abuse.
     
(2) For the purposes of this section, "drug court program" means a program designed to achieve a reduction in recidivism and substance abuse among nonviolent, substance abusing offenders by increasing their likelihood for successful rehabilitation through early, continuous, and intense supervised treatment, mandatory periodic drug testing and the use of appropriate sanctions and other rehabilitation services.
     
(3) A drug court program is to provide, at a minimum:
     
(A) For successful completion of a diversion or plea agreement in lieu of incarceration;
     
(B) Access by all participating parties of a case to information on the offender's progress;
     
(C) Vigilant supervision and monitoring procedures;
     
(D) Random substance abuse testing;
     
(E) Provisions for dealing with noncompliance, modification of the treatment plan, and revocation proceedings;
     
(F) For its operation only when appropriate facilities and outpatient services are available; and
     
(G) For payment of court costs, treatment costs, supervision fees, and program user fees by the offender, unless payment of the costs and fees would impose an undue hardship.
     
(4) An offender is eligible for a drug court program only if:
     
(A) The underlying offense does not involve a felony crime of violence, unless there is a specific treatment program available designed to address violent offenders;
     
(B) The offender has no prior felony conviction in this state or another state for a felony crime of violence; and
     
(C) The offender admits to having a substance abuse addiction.
     
(5) The court may provide additional eligibility criteria it considers appropriate.
CHAPTER 62. CRIMINAL PROCEDURE.

ARTICLE 15. DRUG OFFENDER ACCOUNTABILITY AND TREATMENT ACT.
§62-15-1. Short Title.

     This article shall be known and may be cited as the "West Virginia Drug Offender Accountability and Treatment Act".
§62-15-2. Definitions.
     For the purposes of this article:
     (1) "Assessment" means a diagnostic evaluation to determine whether and to what extent a person is a drug offender under this article and would benefit from its provisions. The assessment shall be conducted in accordance with the standards, procedures, and diagnostic criteria designed to provide effective and cost- beneficial use of available resources.
     (2) "Continuum of care" means a seamless and coordinated course of substance abuse education and treatment designed to meet the needs of drug offenders as they move through the criminal justice system and beyond, maximizing self-sufficiency.
     (3) "Controlled substance" means a drug or other substance for which a medical prescription or other legal authorization is required for purchase or possession
     (4) "Drug" means a controlled substance, an illegal drug, or other harmful substance.
     (5) "Drug court" means a judicial intervention process that incorporates the Ten Key Components and may include pre-adjudication or post-adjudication participation.
     (6) "Drug court team" may consist of the following members who are assigned to the drug court:
     (A) The drug court judge, which may include a magistrate, mental hygiene commissioner, or other hearing officer;
     (B) The prosecutor;
     (C) The public defender or member of the criminal defense bar;
     (D) A representative from the day report center or community corrections program, if operating in the jurisdiction;
     (E) A law-enforcement officer;
     (F) The drug court coordinator;
     (G) A representative from a circuit court probation office or the division of parole supervision or both;
     (H) One or more substance abuse treatment providers; and
     (I) Any other persons selected by the drug court team.
     (7) "Drug offender" means an adult person charged with a drug- related offense or an offense in which substance abuse is determined from the evidence to have been a factor in the commission of the offense.
     (8) "Dual Diagnosis" means a substance abuse and co-occurring mental health disorder.
     (9) "Local advisory committee" may consist of the following members or their designees:
     (A) Drug court circuit judge, who shall serve as chair;
     (B) Drug court magistrate(s);
     (C) Prosecutor;
     (D) Public defender;
     (E) Drug court coordinator;
     (F) Criminal defense bar;
     (G) Circuit clerk;
     (H) Day report center director;
     (I) Circuit court probation officer, parole officer or both;
     (J) Law enforcement;
     (K) One or more substance abuse treatment providers;
     (L) Corrections representative; and
     (M) Such other person or persons the chair deems appropriate.
     (10) "Illegal drug" means a drug whose manufacture, sale, use or possession is forbidden by law;
     (11) "Memorandum of Understanding" means a written document setting forth an agreed upon procedure.
     (12) "Offender" means an adult charged with a criminal offense punishable by incarceration.
     (13) "Other harmful substance" means a misused substance otherwise legal to possess, including alcohol.
     (14) "Pre-adjudication" means a court order requiring a drug offender to participate in drug court before charges are filed or before conviction.
     (15) "Post-adjudication" means a court order requiring a drug offender to participate in drug court after having entered a plea of guilty or nolo contendre or having been found guilty.
     (16) "Recidivism" means any subsequent arrest for a serious offense (carrying a sentence of at least one year) resulting in the filing of a charge.
     (17) "Relapse" means a return to substance use after a period of abstinence.
     (18) "Split sentencing" means a sentence which includes a period of incarceration followed by a period of supervision.
     (19) "Staffing" means the meeting before a drug offender's appearance in drug court in which the drug court team discusses a coordinated response to the drug offender's behavior.
     (20) "Substance" means drug.
     (21) "Substance abuse" means the illegal or improper consumption of a drug.
     (22) "Substance abuse treatment" means a program designed to provide prevention, education, and therapy directed toward ending substance abuse and preventing a return to substance usage.
     (23) "Ten Key Components" means the following benchmarks intended to describe the very best practices, designs, and operations of drug courts. These benchmarks are meant to serve as a practical, yet flexible framework for developing effective drug courts in vastly different jurisdictions and to provide a structure for conducting research and evaluation for program accountability:
     (A) Drug courts integrate alcohol and other drug treatment services with justice system case processing;
     (B) Using a nonadversarial approach, prosecution and defense counsel promote public safety while protecting participants' due process rights;
     (C) Eligible participants are identified early and promptly placed in the drug court program;
     (D) Drug courts provide access to a continuum of alcohol, drug, and other related treatment and rehabilitation services;
     (E) Abstinence is monitored by frequent alcohol and other drug testing;
     (F) A coordinated strategy governs drug court responses to participants' compliance;
     (G) Ongoing judicial interaction with each drug court participant is essential;
     (H) Monitoring and evaluation measure the achievement of program goals and gauge effectiveness;
     (I) Continuing interdisciplinary education promotes effective drug court planning, implementation, and operations; and
     (J) Forging partnerships among drug courts, public agencies and community-based organizations generates local support and enhances drug court effectiveness.
§62-15-3. Policy and Goals.
     The Legislature recognizes that a critical need exists in this state for the criminal justice system to reduce the incidence of substance abuse and the crimes resulting from it. For the criminal justice system to maintain credibility, all drug offenders must be held accountable for their actions. A growing body of research demonstrates the impact of substance abuse on public safety, personal health and health care costs, the spread of communicable disease, educational performance and attainment, workforce reliability and productivity, family safety and financial stability. Requiring that accountability and rehabilitating treatment, in addition to or in place of, conventional and expensive incarceration, will promote public safety, the welfare of the individuals involved, reduce the burden upon the public treasury and benefit the common welfare of this state. The goals of this article shall include:
     (1) Enhancing community safety and quality of life for citizens;
     (2) Reducing recidivism;
     (3) Reducing substance abuse;
     (4) Increasing the personal, familial, and societal accountability of drug offenders;
     (5) Restoring drug offenders to productive, law-abiding, and taxpaying citizens;
     (6) Promoting effective interaction and use of resources among criminal justice and community agencies;
     (7) Reducing the costs of incarceration; and
     (8) Improving the efficiency of the criminal justice system by enacting an effective methodology.
§62-15-4. Court Authorization and Structure.
     (a) Each judicial circuit or two or more adjoining judicial circuits may establish a drug court or regional drug court program under which drug offenders will be processed to address appropriately, the identified substance abuse problem as a condition of pretrial release, probation, jail, prison incarceration, parole or other release from a correctional facility.
     (b) The structure, method, and operation of each drug court program may differ and should be based upon the specific needs of and resources available to the judicial circuit or circuits where the drug court program is located.
     (c) A drug court program may be pre-adjudication or post- adjudication for an adult offender.
     (d) Participation in drug court, with the consent of the prosecution and the court, shall be pursuant to a written agreement.
     (e) A drug court may grant reasonable incentives under the written agreement if it finds that the drug offender:
     (1) Is performing satisfactorily in drug court;
     (2) Is benefitting from education, treatment and rehabilitation;
     (3) Has not engaged in criminal conduct; or
     (4) Has not violated the terms and conditions of the agreement.
     (f) A drug court may impose reasonable sanctions on the drug offender, including incarceration for the underlying offense or expulsion from the program, pursuant to the written agreement, if it finds that the drug offender:
     (1) Is not performing satisfactorily in drug court;
     (2) Is not benefitting from education, treatment or rehabilitation;
     (3) Has engaged in conduct rendering him or her unsuitable for the program;
     (4) Has otherwise violated the terms and conditions of the agreement; or
     (5) Is for any reason unable to participate.
     (g) Upon successful completion of drug court, a drug offender's case shall be disposed of by the judge in the manner prescribed by the agreement and by the applicable policies and procedures adopted by the drug court. This may include, but is not limited to, withholding criminal charges, dismissal of charges, probation, deferred sentencing, suspended sentencing, split sentencing, or a reduced period of incarceration.
     (h) Drug court shall include the Ten Key Components and the drug court team shall act to ensure compliance with them.
     (i) Nothing contained in this article shall confer a right or an expectation of a right to participate in a drug court nor does it obligate a drug court to accept every drug offender.
     (j) Neither the establishment of a drug court nor anything herein shall be construed as limiting the discretion of the jurisdiction's prosecutor to act on any criminal case which he or she deems advisable to prosecute.
     (k) Each drug court judge may establish rules and may make special orders as necessary that do not conflict with rules and orders promulgated by the Supreme Court of Appeals which has administrative authority over the courts. The Supreme Court of Appeals shall provide uniform referral, procedure and order forms that shall be used in all drug courts in this state.
§62-15-5. Drug Court Teams.
     (a) Each local jurisdiction that intends to establish a drug court, or continue the operation of an existing drug court, shall establish a local drug court team.
     (b) The drug court team shall, when practicable, conduct a staffing prior to each drug court session to discuss and provide updated information regarding drug offenders. After determining their progress or lack thereof, the drug court team shall recommend the appropriate incentive or sanction to be applied. If the drug court team cannot agree on the appropriate action, the court shall make the decision based on information presented in the staffing.
§62-15-6. Eligibility.
     (a) A drug offender shall not be eligible for the drug court program if:
     (1) The underlying offense involves a felony crime of violence, unless there is a specific treatment program available designed to address violent offenders;
     (2) The underlying offense involves an offense that requires registration as a sex offender pursuant to the article twelve, chapter fifteen of this Code;
     (3) The drug offender has a prior felony conviction in this state or another state for a felony crime of violence; or
     (4) The drug offender has a prior conviction in this state or another state for a crime that requires registration as a sex offender pursuant to article twelve, chapter fifteen of this Code.
     (b) Eligible offenses may be further restricted by the rules of a specific drug court program.
     (c) Nothing in this section shall require a drug court judge to consider or accept every offender with a treatable condition or addiction, regardless of the fact that the controlling offense is eligible for consideration in the program.
§62-15-7. Treatment and Support Services.
     (a) As part of any diagnostic assessments, the individual assessment should make specific recommendations to the drug court team regarding the type of treatment program and duration necessary so that a drug offender's individualized needs can be addressed. These assessments and resulting recommendations should be based upon objective medical diagnostic criteria. Treatment recommendations accepted by the court, pursuant to the provisions of this article, shall be deemed to be reasonable and necessary.
     (b) A drug court making a referral for substance abuse treatment shall refer the drug offender to a program that is licensed, certified, or approved by the court.
     (c) The court shall determine which treatment programs are authorized to provide the recommended treatment to drug offenders. The relationship between the treatment program and the court should be governed by a Memorandum of Understanding, which should include the timely reporting of the drug offender's progress or lack thereof to the drug court.
     (d) It is essential to provide offenders with adequate support services and aftercare.
     (e) Recognizing that drug offenders are frequently dually diagnosed, appropriate services should be made available, where practicable.
     (f) Recognizing that the longer a drug offender stays in treatment, the better the outcome, the length of stay in treatment should be determined by the drug court team based on individual needs and accepted practices: Provided, That drug court participation shall not be less than one year duration.
§62-15-8. Drug Testing.
     (a) The drug court team shall ensure fair, accurate, and reliable drug testing procedures, following collection procedures approved by the Supreme Court of Appeals.
     (b) The drug offender shall be ordered to submit to frequent, random, and observed drug testing to monitor abstinence.
     (c) Anyone in receipt of drug test results shall maintain the information in compliance with the requirements of federal and state confidentially laws.
§62-15-9. Governance.
     (a) The Supreme Court of Appeals will be responsible for court funding, administration, and continuance or discontinuance of drug courts, mental health courts, or other problem-solving courts. The administrative director, or his or her designee, will oversee the planning, implementation, and development of these courts as the administrative arm of the Supreme Court of Appeals.
     (b) The administering drug court judge in each drug court's jurisdiction shall appoint a local advisory committee. The advisory committee shall ensure quality, efficiency, and fairness in planning, implementing, and operating drug courts that serve the jurisdiction, and the provision of a full continuum of care for drug offenders.
     (c) The local advisory committee shall annually report to the Supreme Court of Appeal's administrative director, or designee, by the thirty-first day of December of each year. The report shall include:
     (1) A description of all drug courts operating within the jurisdiction;
     (2) Participating judges and magistrates if applicable;
     (3) Community involvement;
     (4) Education and training;
     (5) Use of existing resources;
     (6) Collaborative efforts; and
     (7) An evaluation of the critical data elements required by subsection (a), section ten of this article.
§62-15-10. Program Integrity and Offender Accountability.
     (a) Drug courts shall collect and maintain the following information and any other information required by the Supreme Court of Appeals or its administrative office:
     (1) Prior criminal history;
     (2) Prior substance abuse treatment history, including information on the drug offender's success or failure in those programs;
     (3) Employment, education, and income histories;
     (4) Gender, race, ethnicity, marital and family status, and any child custody and support obligations;
     (5) The number of babies, both addicted and healthy, born to female drug offenders during participation in drug court;
     (6) Instances of relapse occurring during participation in drug court;
     (7) Instances of recidivism occurring during and after participation in drug court. Recidivism shall be measured at intervals of six months, one year, two years, and five years after successful graduation from drug court;
     (8) The number of offenders screened for eligibility, the number of eligible drug offenders who were and were not admitted and their case dispositions;
     (9) The drug of choice and the estimated daily financial cost to the drug offender at the time of entry into the program; and
     (10) the costs of operation and sources of funding.
     (b) A drug offender may be required as a condition of pretrial diversion, probation, or parole to provide the information described in this section. The collection and maintenance of information under this section shall be collected in a standardized format according to applicable guidelines set forth by the Supreme Court of Appeals.
     (c) To protect drug offenders' privacy in accordance with federal and state confidentiality laws, treatment records must be kept in a secure environment, separated from the court records to which the public has access.
§62-15-11. Funding.
     (a) Each drug court with the guidance of the Supreme Court of Appeals may establish a schedule for the payment of reasonable fees and costs necessary to conduct the program;
     (b) Nothing in this article shall prohibit local advisory committees or drug court teams from obtaining supplemental funds or exploring grants to support drug courts.
     (c) Nothing in this article shall be construed to supplant funds currently utilized for drug courts.
§62-15-12. Immunity from Liability.
     (a) Any individual who, in good faith, provides services pursuant to this article shall not be liable in any civil action. The grant of immunity provided for in this subsection shall extend to all employees and administrative personnel.
     (b) Any qualified person who obtains, in a medically accepted manner, a specimen of breath, blood, urine, or other bodily substance pursuant to any provision of this article shall not be liable in any civil action.
§62-15-13. Statutory Construction.
     The provisions of this article shall be construed to effectuate its remedial purposes.
     The bill (Eng. Com. Sub. for H. B. No. 2684), as amended, was then ordered to third reading.
     Eng. Com. Sub. for House Bill No. 2685, Amending the Uniform Principal and Income Act.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 2734, Relating to minimum guarantees provided to members who elected to transfer from the Teachers' Defined Contribution System to the Teachers' Retirement System.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. Com. Sub. for House Bill No. 2753, Relating to the continuation of the Design-Build Program.
     On second reading, coming up in regular order, was read a second time.
     The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
     On page two, section two, line twelve, by striking out "13" and inserting in lieu thereof "30".
     The bill (Eng. Com. Sub. for H. B. No. 2753), as amended, was then ordered to third reading.
     Eng. Com. Sub. for House Bill No. 2839, Relating to the management of pain by physicians.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. Com. Sub. for House Bill No. 2877, Increasing the monetary penalties, removing the possibility of incarceration and adding community service for a minor who misrepresents his or her age when purchasing alcohol.
     On second reading, coming up in regular order, was read a second time.
     The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     By striking out everything after the enacting clause and inserting in lieu thereof the following:
     That §11-16-19 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §49-1-4 of said code be amended and reenacted; and that §60-3A-24 be amended and reenacted, all to read as follows:
CHAPTER 11. TAXATION.

ARTICLE 16. NONINTOXICATING BEER.
§11-16-19. Unlawful acts of persons; criminal penalties.

     (a) (1) Any person eighteen or over, but under the age of twenty-one years, who purchases, consumes, sells, possesses or serves nonintoxicating beer is guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount not to exceed $500 or shall be incarcerated confined in jail, or, in the case of a juvenile, a detention facility, for a period not to exceed seventy-two hours, or both fined and imprisoned confined or, in lieu of such fine and incarceration confinement, may, for the first offense, be placed on probation for a period not to exceed one year. Any person under the age of eighteen years who purchases, consumes, sells, possesses or serves nonintoxicating beer is guilty of a status offense as that term is defined in section four, article one, chapter forty-nine of this code and, upon adjudication therefor, shall be referred to the Department of Health and Human Resources for services, as provided in section eleven, article five of said chapter.
     (2) Nothing in this article, nor any rule or regulation of the commissioner, shall prevent or be deemed to prohibit any person who is at least eighteen years of age from serving in the lawful employment of any licensee, which may include the sale or delivery of nonintoxicating beer as defined in this article. Further, nothing in this article, nor any rule or regulation of the commissioner, shall prevent or be deemed to prohibit any person who is less than eighteen but at least sixteen years of age from being employed by a licensee whose principal business is the sale of food or consumer goods or the providing of recreational activities, including, but not limited to, nationally franchised fast-food outlets, family-oriented restaurants, bowling alleys, drug stores, discount stores, grocery stores and convenience stores: Provided, That such person shall not sell or deliver nonintoxicating beer.
     (3) Nothing in this subsection shall prohibit a person who is at least eighteen years of age from purchasing or possessing nonintoxicating beer when he or she is acting upon the request of or under the direction and control of any member of a state, federal or local law-enforcement agency or the West Virginia Alcohol Beverage Administration while the agency is conducting an investigation or other activity relating to the enforcement of the alcohol beverage control statutes and the rules of the commissioner.
     (b) Any person under the age of twenty-one years who, for the purpose of purchasing nonintoxicating beer, misrepresents his or her age or who for such purpose presents or offers any written evidence of age which is false, fraudulent or not actually his or her own or who illegally attempts to purchase nonintoxicating beer is guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount not to exceed $50 or shall be imprisoned confined in jail, or in the case of a juvenile, a juvenile detention facility, for a period not to exceed seventy-two hours, or both such fine and imprisonment confinement or, in lieu of such fine and imprisonment confinement, may, for the first offense, be placed on probation for a period not exceeding one year.
     (c) Any person who shall knowingly buy for, give to or furnish nonintoxicating beer to anyone under the age of twenty-one to whom they are not related by blood or marriage is guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount not to exceed $100 or shall be imprisoned confined in jail for a period not to exceed ten days, or both such fine and imprisonment confinement.
     (d) (1) Any person who at any one time transports into the state for their personal use, and not for resale, more than six and seventy-five hundredths gallons of nonintoxicating beer, upon which the West Virginia barrel tax has not been imposed, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount not to exceed $100 and have all the untaxed nonintoxicating beer in their possession at the time of the arrest confiscated or imprisoned confined for ten days in jail, or both fined and imprisoned. The untaxed nonintoxicating beer found in the person's possession shall be confiscated.
     (2) If the Congress of the United States repeals the mandate established by the Surface Transportation Assistance Act of 1982 relating to national uniform drinking age of twenty-one as found in section six of Public Law 98-363, or a court of competent jurisdiction declares the provision to be unconstitutional or otherwise invalid, it is the intent of the Legislature that the provisions contained in this section and section eighteen of this article which prohibit the sale, furnishing, giving, purchase or ownership of nonintoxicating beer to or by a person who is less than twenty-one years of age shall be null and void and the provisions therein shall thereafter remain in effect and apply to the sale, furnishing, giving, purchase or ownership of nonintoxicating beer to or by a person who is less than nineteen years of age.
CHAPTER 49. CHILD WELFARE.

ARTICLE 1. PURPOSES; DEFINITIONS.
§49-1-4. Other definitions.
     As used in this chapter:
     (1) "Child welfare agency" means any agency or facility maintained by the state or any county or municipality thereof or any agency or facility maintained by an individual, firm, corporation, association or organization, public or private, to receive children for care and maintenance or for placement in residential care facilities or any facility that provides care for unmarried mothers and their children;
     (2) "Child advocacy center" means a community-based organization that is a member in good standing with the West Virginia Child Abuse Network, Inc., and is working to implement the following program components:
     (A) Child-appropriate/child-friendly facility: A child advocacy center provides a comfortable, private, child-friendly setting that is both physically and psychologically safe for clients;
     (B) Multidisciplinary team (MDT): A multidisciplinary team for response to child abuse allegations includes representation from the following: Law enforcement; child protective services; prosecution; mental health; medical; victim advocacy; child advocacy center;
     (C) Organizational capacity: A designated legal entity responsible for program and fiscal operations has been established and implements basic sound administrative practices;
     (D) Cultural competency and diversity: The child advocacy center promotes policies, practices and procedures that are culturally competent. Cultural competency is defined as the capacity to function in more than one culture, requiring the ability to appreciate, understand and interact with members of diverse populations within the local community;
     (E) Forensic interviews: Forensic interviews are conducted in a manner which is of a neutral, fact-finding nature and coordinated to avoid duplicative interviewing;
     (F) Medical evaluation: Specialized medical evaluation and treatment are to be made available to child advocacy center clients as part of the team response, either at the child advocacy center or through coordination and referral with other specialized medical providers;
     (G) Therapeutic intervention: Specialized mental health services are to be made available as part of the team response, either at the child advocacy center or through coordination and referral with other appropriate treatment providers;
     (H) Victim support/advocacy: Victim support and advocacy are to be made available as part of the team response, either at the child advocacy center or through coordination with other providers, throughout the investigation and subsequent legal proceedings;
     (I) Case review: Team discussion and information sharing regarding the investigation, case status and services needed by the child and family are to occur on a routine basis;
     (J) Case tracking: Child advocacy centers must develop and implement a system for monitoring case progress and tracking case outcomes for team components: Provided, That a child advocacy center may establish a safe exchange location for children and families who have a parenting agreement or an order providing for visitation or custody of the children that require a safe exchange location;
     (3) "Community based", when referring to a facility, program, or service, means located near the juvenile's home or family and involving community participation in planning, operation and evaluation and which may include, but is not limited to, medical, educational, vocational, social and psychological guidance, training, special education, counseling, alcoholism and any treatment and other rehabilitation services;
     (4) "Court" means the circuit court of the county with jurisdiction of the case or the judge thereof in vacation unless otherwise specifically provided;
     (5) "Custodian" means a person who has or shares actual physical possession or care and custody of a child, regardless of whether such person has been granted custody of the child by any contract, agreement or legal proceedings;
     (6) "Department" or "state department" means the State Department of Health and Human Resources;
     (7) "Division of Juvenile Services" means the division within the Department of Military Affairs and Public Safety pursuant to article five-e of this chapter;
     (8) "Guardian" means a person who has care and custody of a child as a result of any contract, agreement or legal proceeding;
     (9) "Juvenile delinquent" means a juvenile who has been adjudicated as one who commits an act which would be a crime under state law or a municipal ordinance if committed by an adult;
     (10) "Nonsecure facility" means any public or private residential facility not characterized by construction fixtures designed to physically restrict the movements and activities of individuals held in lawful custody in such facility and which provides its residents access to the surrounding community with supervision;
     (11) "Referee" means a juvenile referee appointed pursuant to section one, article five-a of this chapter, except that in any county which does not have a juvenile referee, the judge or judges of the circuit court may designate one or more magistrates of the county to perform the functions and duties which may be performed by a referee under this chapter;
     (12) "Secretary" means the Secretary of Health and Human Resources;
     (13) "Secure facility" means any public or private residential facility which includes construction fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in such facility;
     (14) "Staff-secure facility" means any public or private residential facility characterized by staff restrictions of the movements and activities of individuals held in lawful custody in such facility and which limits its residents' access to the surrounding community, but is not characterized by construction fixtures designed to physically restrict the movements and activities of residents;
     (15) "Status offender" means a juvenile who has been adjudicated as one:
     (A) Who habitually and continually refuses to respond to the lawful supervision by his or her parents, guardian or legal custodian such that the child's behavior substantially endangers the health, safety or welfare of the juvenile or any other person;
     (B) Who has left the care of his or her parents, guardian or custodian without the consent of such person or without good cause; or
     (C) Who is habitually absent from school without good cause;
or
     
(D) Who violates any West Virginia municipal, county or state law regarding use of alcoholic beverages by minors;
     (16) "Valid court order" means a court order given to a juvenile who was brought before the court and made subject to such order and who received, before the issuance of such order, the full due process rights guaranteed to such juvenile by the constitutions of the United States and the State of West Virginia.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.

ARTICLE 3A. SALES BY RETAIL LIQUOR LICENSEES.
§60-3A-24. Unlawful acts by persons.

     (a) (1) Any person who is eighteen or over but under the age of twenty-one years who purchases, consumes, sells, serves or possesses alcoholic liquor is guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount not to exceed $500 or shall be incarcerated confined in jail, or, in the case of a juvenile, a detention center, for a period not to exceed seventy-two hours, or both fined and imprisoned or, in lieu of such fine and incarceration, may, for the first offense, be placed on probation for a period not to exceed one year. Any person who is under eighteen years who purchases, consumes, sells, serves or possesses alcoholic liquor is guilty of a status offense, as that term is defined in section four, article one, chapter forty-nine of this code and, upon adjudication therefor, shall be referred to the Department of Health and Human Resources for services, as provided in section eleven, article five of said chapter.
     (2) Nothing in this article, nor any rule or regulation of the commissioner, shall prevent or be deemed to prohibit any person who is at least eighteen years of age from serving in the lawful employment of a licensee which includes the sale and serving of alcoholic liquor.
     (3) Nothing in this subsection shall prohibit a person who is at least eighteen years of age from purchasing or possessing alcoholic liquor when he or she is acting upon the request of or under the direction and control of any member of a state, federal or local law-enforcement agency or the West Virginia Alcohol Beverage Control Administration while the agency is conducting an investigation or other activity relating to the enforcement of the alcohol beverage control statutes and the rules and regulations of the commissioner.
     (b) Any person under the age of twenty-one years who, for the purpose of purchasing liquor from a retail licensee, misrepresents his or her age or who for such purpose presents or offers any written evidence of age which is false, fraudulent or not actually his or her own or who illegally attempts to purchase liquor from a retail licensee is guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount not to exceed fifty dollars or imprisoned confined in jail for a period not to exceed seventy-two hours, or both fined and imprisoned confined or, in lieu of such fine and imprisonment, may, for the first offense, be placed on probation for a period not exceeding one year.
     (c) Any person who knowingly buys for, gives to or furnishes to anyone under the age of twenty-one to whom he or she is not related by blood or marriage any liquor from whatever source is guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount not to exceed $250 dollars or imprisoned confined in jail for a period not to exceed ten days, or both fined and imprisoned confined.
     (d) No person while on the premises of a retail outlet may consume liquor or break the seal on any package or bottle of liquor. Any person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount not to exceed one hundred dollars or imprisoned confined in jail for a period not to exceed ten days, or both fined and imprisoned confined.
     The bill (Eng. Com. Sub. for H. B. No. 2877), as amended, was then ordered to third reading.
     Eng. House Bill No. 2920, Eliminating the felony conviction for a second or subsequent conviction of petit larceny.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. House Bill No. 2950, Creating the Neighborhood Housing and Economic Stabilization Program for low-income minority neighborhoods.
     On second reading, coming up in regular order, was read a second time.
     The following amendments to the bill, from the Committee on Economic Development, were reported by the Clerk, considered simultaneously, and adopted:
     On page three, section six-c, line seventeen, by striking out the words "census tracts" and inserting in lieu thereof the word "neighborhoods";
     On page five, section six-c, line fifty-seven, by striking out the words "census tracts" and inserting in lieu thereof the word "neighborhoods";
     On page seven, section six-c, line eighty-eight, by striking out the words "census tracts" and inserting in lieu thereof the word "neighborhoods";
     And,
     On page seven, section six-c, line ninety-one, by striking out the words "census tract" and inserting in lieu thereof the word "neighborhood".
     The bill (Eng. H. B. No. 2950), as amended, was then ordered to third reading.
     Eng. House Bill No. 2952, Clarifying that a terroristic threat is a felony regardless of intent to actually commit the threatened act.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. Com. Sub. for House Bill No. 3036, Relating to notice and publication requirements for expungement petitions.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. Com. Sub. for House Bill No. 3120, Increasing the WV Prosecuting Attorneys Institute's executive council's elected members from five to seven and permitting the appointment of special prosecutors in juvenile delinquency, child abuse or neglect proceedings.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Eng. Com. Sub. for House Bill No. 3196, Declaring certain claims against the state and its agencies to be moral obligations of the state.
     On second reading, coming up in regular order, was read a second time and ordered to third reading.
     Pending announcement of meetings of standing committees of the Senate, including a majority party caucus,
     On motion of Senator Edgell, the Senate recessed until 5 p.m. today.
     Upon expiration of the recess, the Senate reconvened and, without objection, returned to the third order of business.
     A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
     Eng. Com. Sub. for Senate Bill No. 384, Authorizing Department of Transportation take control of certain highway emergencies.
     On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
     The following House of Delegates amendments to the bill were reported by the Clerk:
     By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 3A. AUTHORITY OF LOCAL FIRE DEPARTMENTS.
§29-3A-1. Authority of fire officers in charge of fire, service          call or other emergency; definition.

     
(a) While any fire department recognized or approved by the West Virginia State Fire Commission is responding to, operating at or returning from a fire, fire hazard, service call or other emergency, the fire chief, any other elected or appointed fire line officer or any member serving in the capacity of appointed fire line officer in charge, except on industrial property where trained industrial fire-fighting personnel are present, shall have the authority:
     (1) Of controlling and directing To control and direct firefighting and fire control activities at such scene;
     (2) To order any person or persons to leave any building or place in the vicinity of such scene for the purpose of protecting such persons from injury;
     (3) To blockade any public highway, street or private right-of-way temporarily while at such scene in accordance with the following provisions:
_____
(A) If the emergency incident occurs on a public highway and it is reasonably expected that the highway may be closed for a period of at least two hours or upon the request of the incident commander acting in accordance with the provisions of the National Incident Management System in effect as of December 31, 2008, the Secretary of Transportation or his or her designee(s) shall be notified of the incident as soon as possible;
_____(B) The Secretary of Transportation or his or her designee(s) shall respond to the notification of the incident in order to assist with the restoration of traffic flow or with the development and implementation of a traffic diversion plan;
_____(C) All authorized persons who respond to the scene of the emergency incident and all of their available resources will become part of the incident command system;
_____(D) All of those persons are to collaborate and cooperate with the incident commander and appropriate law-enforcement personnel at the emergency incident scene in order to restore traffic flow as soon as possible after the scene is deemed safe by the incident commander; and
_____(E) Once the incident commander has declared the emergency incident scene to be safe, the control of the traffic at the emergency incident scene will be transferred to the Department of Transportation or the appropriate law-enforcement agency;
     (4) To enter the building, structure, enclosure or other property of any person or persons at any time of the day or night, without liability, while operating at such scene;
     (5) To enter any building, including private dwellings, or upon any premises where an emergency exists, or where there is reasonable cause to believe an emergency exists, for the purpose of eliminating the emergency;
     (6) To enter any building, including private dwellings, or premises near the scene of the emergency for the purpose of protecting the building or premises or for the purpose of eliminating the emergency which is in progress in another building or premises;
     (7) To inspect for preplanning all buildings, structures or other places in their fire district, excepting, however, the interior of a private dwelling, with the consent of the owner or occupant, where any combustible materials, including waste paper, rags, shavings, waste, leather, rubber, crates, boxes, barrels, rubbish or other combustible material that is or may become dangerous as a fire menace to such building or buildings, structure or other places has been allowed to accumulate or where such chief or his or her designated representative has reason to believe that such material of a combustible nature has accumulated or is liable to be accumulated;
     (8) To direct the removal, use or destroying destruction of any fence, house, motor vehicle or other thing which may reasonably be determined to be necessary to be pulled down, destroyed or removed to prevent the further spread of the fire or hazardous condition;
     (9) To request and be supplied with additional materials such as sand, treatments, chemicals, etc., and special equipment when dealing with an accident on a public highway or railroad right-of-way when it is deemed a necessity to prevent the further spread of the fire or hazardous condition, the cost of which to be borne by the owner of the instrumentality which caused the fire or hazardous condition; and
     (10) To order disengagement or discouplement of any convoy, caravan or train of vehicles, craft or railway cars if deemed a necessity in the interest of safety of persons or property. and
     
(11) (b) As used in this article, the term "emergency" means a situation in which the fire officer in charge knows or in which a reasonable person would believe that there exists an imminent threat of serious bodily harm or death to a person or significant damage to property.;
     And,
     Eng. Com. Sub. for Senate Bill No. 384--A Bill to amend and reenact §29-3A-1 of the Code of West Virginia, 1931, as amended, relating to the control of an emergency scene; providing for transfer of authority to permit safe traffic flow; and providing for the use of property to prevent the spread of a fire.
     On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
     Engrossed Committee Substitute for Senate Bill No. 384, as amended by the House of Delegates, was then put upon its passage.
     On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 384) passed with its House of Delegates amended title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     The Senate again proceeded to the sixth order of business, which agenda includes the making of main motions.
     On motion of Senator Kessler, the Senate requested the return from the House of Delegates of
     Eng. Com. Sub. for House Bill No. 2738, Registering protective orders with the West Virginia Supreme Court of Appeals.
     Passed by the Senate in earlier proceedings today,
     The bill still being in the possession of the Senate,
     On motion of Senator Kessler, 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, page 34).
     The vote thereon being reconsidered,
     The question again being on the adoption of the Judiciary committee amendment to the title of the bill.
     At the request of Senator Kessler, as chair of the Committee on the Judiciary, unanimous consent was granted to withdraw the Judiciary committee amendment to the title of the bill.
     On motion of Senator Kessler, the following amendment to the title of the bill was reported by the Clerk and adopted:
     Eng. Com. Sub. for House Bill No. 2738--A Bill to amend and reenact §48-27-802 of the Code of West Virginia, 1931, as amended; to amend and reenact §48-28-5 of said code; and to amend and reenact §51-1-21 of said code, all relating generally to registering domestic violence protective orders with the West Virginia Supreme Court of Appeals.
     The bill, as just amended, was read a third time and put upon its passage.
     Om the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of those present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2738) passed with its Senate amended title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     At the request of Senator Chafin, and by unanimous consent, the Senate returned to the fourth order of business.
     Senator Green, 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
     Senate Concurrent Resolution No. 63 (originating in the Committee on Energy, Industry and Mining)--Requesting the Joint Committee on Government and Finance study the impact and potential impact of mining coal in and around West Virginia's cemeteries.
     Whereas, The coal industry, and in particular coal mining, is an integral part of the economic and social fabric of this state; and
     Whereas, Many of the state's cemeteries are located on or around areas with minable coal reserves; and
     Whereas, We must ensure our state's cemeteries are treated with the dignity and respect they deserve if these particular coal reserves are to be mined; 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 and potential impact of mining coal in and around West Virginia's cemeteries; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     And reports the same back with the recommendation that it be adopted.
                              Respectfully submitted,
                               Mike Green,
                               Chair.
     Senator Green, 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
     Senate Concurrent Resolution No. 64 (originating in the Committee on Energy, Industry and Mining)--Requesting the Joint Committee on Government and Finance study the public policy issues involved in the possible development and implementation of carbon dioxide cap and trade proposals within the State of West Virginia.
     Whereas, The production of increased amounts of carbon dioxide are alleged to be a threat to the health of the citizens of this state, this country and the world by causing an increase or growth in "greenhouse gas" in the form of carbon dioxide pollutant; and
     Whereas, It is alleged that, to some extent, the increase or growth in carbon dioxide is caused by the burning of fossil fuels which include coal mined and produced in West Virginia; and
     Whereas, It is in the interest of the citizens of this state that there be maintenance of a healthy environment and protection of life-sustaining ecological processes, based upon thorough knowledge as to how coal may be mined in this state and utilized in a manner that is in harmony with essential ecological processes and human health; and
     Whereas, There appears to be growing interest in this country and elsewhere in the world to develop cap and trade systems that involve the trading of emission allowances, where the total allowance is strictly limited or "capped" considerably lower than the historic level of emissions, and where a market mechanism is established that allows emitters to buy emissions from or sell emissions to other emitters; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the public policy issues involved in the possible development and implementation of carbon dioxide cap and trade proposals within the State of West Virginia; and, be it
     Further Resolved, That the Joint Committee on Government and Finance may seek input and information from experts and other resources appropriate to this study; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     And reports the same back with the recommendation that it be adopted.
                              Respectfully submitted,
                               Mike Green,
                               Chair.
     Senator Bowman, 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. 65 (originating in the Committee on Government Organization)--Requesting the Joint Committee on Government and Finance study public safety, health and welfare issues related to the sale, storage and use of fireworks in this state.
     Whereas,
Certain fireworks may be sold to consumers in this state. Issues remain regarding public safety at locations that sell fireworks to consumers, education of the public regarding the safe use of fireworks and enforcement of current laws regarding the sale and use of fireworks; and
     Whereas, The State Fire Marshal has certain jurisdiction over the sale and use of fireworks in this state and there is a need to examine whether the State Fire Marshal's role should be increased and whether the existing laws need to be changed to better protect the health, welfare and safety of the public; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study
public safety, health and welfare issues related to the sale, storage and use of fireworks in this state ; and, be it
     Further Resolved, That the Joint Committee on Government and Finance is hereby requested to seek the input of the State Fire Marshal and any other interested and informed persons selected by the joint committee to study issues related to the retail sale, storage and use of fireworks; and, be it
     Further Resolved, That this study should include whether there should be additional regulation of the retail sale, storage or use of fireworks and how the additional regulation, if necessary, in the public interest, should be provided and funded; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

     And reports the same back with the recommendation that it be adopted.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     Senator Bowman, 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. 66 (originating in the Committee on Government Organization)--Requesting the Joint Committee on Government and Finance study the overall costs of highway and sewer and water projects in West Virginia, including, but not limited to, the costs associated with the selection of professional engineering and design firms for projects funded by the Division of Highways and/or the Water Development Authority that are not funded by federal funds.
     Whereas, The overall costs of completing highway and sewer and water projects in the state has steadily risen; and
     Whereas, The qualifications-based selection process is required by federal law and has been in use by the State of West Virginia since 1990 for the purpose of selecting engineering and design firms; and
     Whereas, Time and cost savings are critical to the success of any public works project such as highways maintenance and construction and sewer and water development; and
     Whereas, Proposed changes to existing procurement law related to engineering and design services could significantly impact numerous state agencies, along with counties and municipalities; and
     Whereas, The professional engineering community has maintained its willingness to provide assistance in improving the process of selection and project delivery to taxpayers; and
     Whereas, Further review and determination of best practices is merited related to managing overall costs of completing highway and sewer and water projects and the procurement of engineering and design services related thereto and is otherwise necessary before proceeding with changes to existing law; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the overall costs of highway and sewer and water projects in West Virginia, including, but not limited to, the selection of professional engineering and design firms for projects funded by the Division of Highways and the Water Development Authority that are not funded by federal funds; and, be it
     Further Resolved
, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it      Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance
.
     And reports the same back with the recommendation that it be adopted.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Concurrent Resolution No. 67 (originating in the Committee on the Judiciary)--Requesting the Joint Committee on Government and Finance study issues related to asbestos trust disclosures.
     Whereas, Millions of American workers and others were exposed to asbestos, especially during and after World War II and prior to the promulgation of regulations by the Occupational Safety and Health Administration in the early 1970s; and
     Whereas, Exposure to asbestos has been associated with various types of cancer, including mesothelioma and lung cancer, as well as such nonmalignant conditions as asbestosis, pleural plaques and diffuse pleural thickening; and
     Whereas, Corporations filed for bankruptcy, some as a result of claims arising out of asbestos exposure, resulting in the creation of trust or claims facilities intended to provide compensation to claimants alleging injuries as a result of asbestos exposure; and
     Whereas, In excess of $30 billion has been placed with these trusts for the payment of asbestos claims; and
     Whereas, Asbestos claimants may seek compensation for alleged asbestos-related conditions from both the civil tort system and from trusts or claims facilities formed in bankruptcy proceedings if they meet the requirements of a particular trust; and
     Whereas, There is a current case management order requiring an asbestos trust affidavit disclosing all asbestos bankruptcy filings for a particular case set for trial that some parties feel may be inadequate; and
     Whereas, In order to afford defendants against whom asbestos claims are filed the right to complete disclosure regarding claims filed against bankruptcy trusts and in order to preserve assets for individuals who may in the future bring asbestos claims against bankruptcy trusts, more transparency about bankruptcy trust claims may be necessary; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study issues related to asbestos trust disclosures; and, be it
     Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study the need for further disclosure by claimants in civil actions involving exposure to asbestos of all current and anticipated claims against bankruptcy trusts and all supporting documentation filed with the bankruptcy trusts; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

     Further Resolved,
That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     And reports the same back with the recommendation that it be adopted.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     Senator Kessler, 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. 2170, Authorizing the Department of Commerce to promulgate legislative rules.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2170) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Bowman, 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. 2309, Updating the law governing the practice of occupational therapy.
     And has amended same.
     Eng. Com. Sub. for House Bill No. 2528, Updating the regulation of the practice of forestry.
     And has amended same.
     Eng. Com. Sub. for House Bill No. 2531, Updating the regulation of the practice of barbers and cosmetologists.
     And has amended same.
     Eng. Com. Sub. for House Bill No. 2532, Creating licensure for Marriage and Family Therapists.
     And has amended same.
     And,
     Eng. Com. Sub. for House Bill No. 2926, Establishing a procedure for challenging a candidate's qualifications for elected office.
     And has amended same.
     And reports the same back with the recommendation that they each do pass, as amended; but under the original double committee references first be referred to the Committee on the Judiciary.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Bowman, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. Nos. 2309, 2528, 2531, 2532 and 2926) contained in the preceding report from the Committee on Government Organization were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were then referred to the Committee on the Judiciary, with amendments from the Committee on Government Organization pending.
     Senator Helmick, 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. 2401, Providing for the expiration of the alternative minimum tax.
     Eng. Com. Sub. for House Bill No. 2470, Exempting all schools which include grades kindergarten through twelve from paying consumer sales tax on items the school sells.
     Eng. Com. Sub. for House Bill No. 2999, Relating to the Streamlined Sales and Use Tax Agreement and the West Virginia consumers sales and service tax and use tax.
     And,
     Eng. Com. Sub. for House Bill No. 3017, Exempting from the consumers sales and service tax and use tax any sales of donated clothing or clothing accessories.
     And reports the same back with the recommendation that they each do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. Nos. 2401, 2470, 2999 and 3017) contained in the preceding report from the Committee on Finance were each taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Bowman, 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. 2412, Providing certain county commissions with authority to regulate the location of businesses offering exotic entertainment.
     And,
     Eng. House Bill No. 3011, Repealing the section of code relating to limitation on political activity of officers or employees in the administration of the Vocational Rehabilitation Program.
     And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Bowman, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. No. 2412 and Eng. H. B. No. 3011) contained in the preceding report from the Committee on Government Organization were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were then referred to the Committee on the Judiciary.
     Senator Kessler, 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. 2557, Relating to the enforcement of new motor vehicle warranties.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2557) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Kessler, 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 filing agency rules with the Secretary of State under the Administrative Procedures Act.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2567) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Helmick, 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. 2719, Relating to the sale and distribution of craft beer.
     Now on second reading, having been read a first time and referred to the Committee on Finance on April 3, 2009;
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     Senator Bowman, 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. 2723, Authorizing liens by municipalities and requiring administrative procedures for the assessment and collection of delinquent municipal fees.
     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,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Bowman, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2723) 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 Helmick, 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. 2737, Authorizing the Administrative Director of the Supreme Court of Appeals to hire regional or specialized probation officers.
     Now on second reading, having been read a first time and referred to the Committee on Finance on April 3, 2009;
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     Senator Bowman, 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. 2767, Changing the membership of the PEIA Financial Board.
     And,
     Eng. House Bill No. 2801, Updating language and making technical changes and clarifications of the West Virginia Board of Medicine.
     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,
                               Edwin J. Bowman,
                               Chair.
     At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee references of the bills contained in the foregoing report from the Committee on Government Organization.
     At the request of Senator Bowman, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. No. 2767 and Eng. H. B. No. 2801) were each taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Green, 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. 2860, Regulating the sequestration and storage of carbon dioxide.
     And reports the same back without recommendation as to passage; but under the original double committee reference first be referred to the Committee on the Judiciary.
                              Respectfully submitted,
                               Mike Green,
                               Chair.
     At the request of Senator Green, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2860) 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 the Judiciary.
     Senator Kessler, from the Committee on he Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Eng. Com. Sub. for House Bill No. 2863, Relating to construction of state utility projects.
     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,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on the Judiciary.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2863) was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Wells, from the Committee on Military, submitted the following report, which was received:
     Your Committee on Military has had under consideration
     House Concurrent Resolution No. 7, Requesting the Joint Committee on Government and Finance to continue studying the needs, challenges and issues facing veterans.
     And reports the same back with the recommendation that it be adopted; but under the original double committee reference first be referred to the Committee on Rules.
                              Respectfully submitted,
                               Erik P. Wells,
                               Chair.
     The resolution, under the original double committee reference, was then referred to the Committee on Rules.
     Senator Kessler, 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. 2418, Relating to exempting certain records of the Division of Corrections and Regional Jail Authority from the Freedom of Information Act that, if released, could aid inmates in committing unlawful acts.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2418) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Kessler, 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. 2419, Providing inmates a reduction in sentence for completion of education and rehabilitation programs.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2419) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Plymale, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration
     Eng. Com. Sub. for House Bill No. 2530, Relating to further defining professional student support personnel.
     And has amended same.
     Eng. Com. Sub. for House Bill No. 2832, Relating to critical skills evaluations for students in grades three and eight.
     And has amended same.
     And,
     Eng. Com. Sub. for House Bill No. 2836, School Innovation Zones Act.
     And has amended same.
     And reports the same back with the recommendation that they each do pass, as amended; but under the original double committee references first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Robert H. Plymale,
                               Chair.
     At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee references of Engrossed Committee Substitute for House Bill Nos. 2530 and 2836 contained in the foregoing report from the Committee on Education.
     At the request of Senator Plymale, unanimous consent being granted, the bills were each taken up for immediate consideration, read a first time and ordered to second reading.
     At the request of Senator Plymale, unanimous consent being granted, Engrossed Committee Substitute for House Bill No. 2832 contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Education pending.
     Senator Kessler, 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. 2541, Including poultry among those domesticated farm animals or stock which the owner shall be liable for damages caused by those animals
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Jeffrey V, Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. H. B. No. 2541) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Kessler, 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. 2690, Updating language pertaining to indemnity for the death of diseased or infected animals.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2690) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration
     Eng. Com. Sub. for House Bill No. 2747, Creating a temporary reinvestment fee for health insurers, third party administrators and others.
     And,
     Eng. House Bill No. 3047, Clarifying that the Director of the Public Employees Insurance Agency is authorized to enter into capitated provider arrangements for provision of primary health care services.
     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,
                               Joseph M. Minard,
                               Chair.
     The bills, under the original double committee references, were then referred to the Committee on Finance.
     Senator Kessler, 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. 2868, West Virginia Children with Autism Trust 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,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2868) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on the Judiciary pending.
     Senator Kessler, 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. 2869, Lengthening the time frame for the filing of post-primary and post general campaign financial statements.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2869) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Plymale, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration
     Eng. House Bill No. 2967, Encouraging teachers who have achieved a National Board for Professional Teaching Standards certificate to renew their certifications when they expire after ten years, and continuing the salary bonus for renewed certificates.
     And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Robert H. Plymale,
                               Chair.
     At the request of Senator Plymale, unanimous consent being granted, the bill (Eng. H. B. No. 2967) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
     Senator Kessler, 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. 2968, Requiring the State Fire Commission to establish safety standards for liquefied petroleum gas systems.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2968) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Kessler, 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. 2976, Requiring the State Fire Commission to promulgate rules pertaining to the State Building Code.
     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,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2976) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance, with an amendment from the Committee on the Judiciary pending.
     Senator Kessler, 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. 2981, Relating to primary elections and nominating procedures of third-party candidates.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. H. B. No. 2981) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Plymale, from the Committee on Education, submitted the following report, which was received:
     Your Committee on Education has had under consideration
     Eng. Com. Sub. for House Bill No. 3146, Relating to seniority rights for school service personnel.
     And has amended same.
     And,
     Eng. House Bill No. 3340, Relating to entry into a data state compact among the Higher Education Policy Commission, Council for Community and Technical College Education and State Board of Education.
     And has amended same.
     And reports the same back with the recommendation that they each do pass, as amended.
                              Respectfully submitted,
                               Robert H. Plymale,
                               Chair.
     Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration
     Eng. Com. Sub. for House Bill No. 3278, Relating to the life and health insurance guaranty association.
     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,
                               Joseph M. Minard,
                               Chair.
     At the request of Senator Minard, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 3278) contained in the preceding report from the Committee on Banking and Insurance was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary, with amendments from the Committee on Banking and Insurance pending.
     Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
     Your Committee on Banking and Insurance has had under consideration
     Eng. Com. Sub. for House Bill No. 3288, Relating to mental health parity.
     And has amended same.
     And,
     Eng. Com. Sub. for House Bill No. 3313, Allowing depositories and banks to meet the security requirement necessary to be a depository for boards of education by providing a letter of credit from a federal home loan bank.
     And has amended same.
     And reports the same back with the recommendation that they each do pass, as amended; but under the original double committee references first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Joseph M. Minard,
                               Chair.
     At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee references of the bills contained in the foregoing report from the Committee on Banking and Insurance.
     At the request of Senator Minard, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. Nos. 3288 and 3313) were each taken up for immediate consideration, read a first time and ordered to second reading.
     Senator Kessler, 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. 3305, Relating to the powers and duties of probation officers.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 3305) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     The Senate proceeded to the thirteenth order of business.
     At the request of Senator Caruth, unanimous consent being granted, it was ordered that the Journal show had Senator Caruth been present in the chamber on yesterday, Monday, April 6, 2009, he would have voted "yea" on the passage of Engrossed Committee Substitute for Senate Bill No. 263 and Engrossed Committee Substitute for Senate Bill No. 307.
     Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Wednesday, April 8, 2009, at 11 a.m.
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