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Senate Journal


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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2012

FIFTY-SIXTH DAY

____________

Charleston, W. Va., Tuesday, March 6, 2012

    The Senate met at 11 a.m.

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

    Prayer was offered by the Reverend Dr. Okey Harless, Dunbar United Methodist Church, Dunbar, West Virginia.

    Pending the reading of the Journal of Monday, March 5, 2012,

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

    At the request of Senator Unger, and by unanimous consent, the provisions of rule number fifty-four of the Rules of the Senate, relating to persons entitled to the privileges of the floor, were suspended in order to grant Tanja Tomich, member of the Republic of Macedonia Parliament, privileges of the floor for the day.

    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 passage by that body, without amendment, to take effect from passage, and requested the concurrence of the Senate in the changed effective date, of

    Eng. Senate Bill No. 214, Clarifying sunrise review requirement for establishment, revision or expansion of professional scope of practice.

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

    On further motion of Senator Unger, the Senate concurred in the changed effective date of the bill, that being to take effect from passage, instead of ninety days from passage.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 214) takes effect from passage.

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

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

    Eng. Com. Sub. for Senate Bill No. 382, Relating to sex offender registration.

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

    Eng. Com. Sub. for Senate Bill No. 536, Authorizing Auditor's land department accept credit, debit or charge card payments.

    A message from The Clerk of the House of Delegates announced that that body had refused to concur in the Senate amendments to, and requested the Senate to recede therefrom, as to

    Eng. Com. Sub. for House Bill No. 4236, Relating to exclusions from the definition of professional personnel for evaluation purposes.

    On motion of Senator Unger, the Senate refused to recede from its amendments to the bill and requested the appointment of a committee of conference of five from each house on the disagreeing votes of the two houses.

    Whereupon, Senator Kessler (Mr. President) appointed the following conferees on the part of the Senate:

    Senators Browning, Laird, Edgell, Stollings and Boley.

    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 concurrence by that body in the Senate amendments to, and the passage as amended, with its Senate amended title, to take effect from passage, of

    Eng. House Bill No. 4583, Changing certain deadlines associated with the termination, resignation and transfer of school personnel.

    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. 83--Requesting the Division of Highways to name bridge number 6-160/4-0.01 at the entrance to Linmont Estates, off Route 60, in Barboursville, Cabell County, the "Vernon Craddock Memorial Bridge”.

    Referred to the Committee on Transportation and Infrastructure.

    The Senate proceeded to the fourth order of business.

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

    Your Committee on Finance has had under consideration

    Senate Bill No. 160, Budget Bill.

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

    Com. Sub. for Senate Bill No. 160 (originating in the Committee on Finance)--A Bill making appropriations of public money out of the Treasury in accordance with section fifty-one, article VI of the Constitution.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    Senator Kessler (Mr. President), from the Committee on Rules, submitted the following report, which was received:

    Your Committee on Rules has had under consideration

    Senate Concurrent Resolution No. 55, Requesting Joint Committee on Government and Finance study Public-Private Transportation Facilities Act modification.

    Senate Concurrent Resolution No. 57, Requesting Joint Committee on Government and Finance study state's cooperative purchasing process.

    Senate Concurrent Resolution No. 59, Requesting Joint Committee on Government and Finance study expedited partner therapy.

    And,

    Senate Concurrent Resolution No. 62, Requesting Joint Committee on Government and Finance study licensure of sonographers.

    And reports the same back with the recommendation that they each be adopted.

                             Respectfully submitted,

                               Jeffrey V. Kessler,

                                 Chairman, ex officio.

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

    Your Committee on Government Organization has had under consideration

    Eng. Com. Sub. for House Bill No. 4015, Creating the Herbert Henderson Office of Minority Affairs.

    And has amended same.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    At the request of Senator Snyder, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4015) 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 an amendment from the Committee on Government Organization pending.

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

    Your Committee on the Judiciary has had under consideration

    Eng. Com. Sub. for House Bill No. 4257, Providing late voter registration opportunities to individuals covered by the Uniformed and Overseas Citizens Act of 1986.

    And has amended same.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

    Your Committee on the Judiciary has had under consideration

    Eng. Com. Sub. for House Bill No. 4390, Uniform Power of Attorney Act.

    With amendments from the Committee on Interstate Cooperation pending;

    And has also amended same.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

    Your Committee on the Judiciary has had under consideration

    Eng. House Bill No. 4522, Providing additional contempt powers for family court judges.

    And has amended same.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    The Senate proceeded to the sixth order of business.

    Senators Laird, Browning, Green, Miller, Foster, Jenkins, Kirkendoll, Klempa, Stollings, Williams, Unger and Plymale offered the following resolution:

    Senate Concurrent Resolution No. 65--Requesting the Joint Committee on Government and Finance to study access to the Controlled Substance Monitoring Program database maintained by the West Virginia Board of Pharmacy by certified law-enforcement officers, the training and security clearance associated with allowing increased access to the database, the costs associated with increased database accessibility and the admissibility of evidence obtained from the database.

    Whereas, Substance abuse, especially of controlled substances and prescription medication, is a pervasive problem among all sectors of our state's citizens, and results in the diminishment of our state's health, productivity and safety; and

    Whereas, Law-enforcement officials play a vital role in fighting the spread of criminal activity associated with the illegal use and proliferation of controlled substances and prescription medication; and

    Whereas, The Controlled Substance Monitoring Program database is an important tool that is currently being used by certain law- enforcement agencies and other authorized agents to combat illegal prescription drug abuse and proliferation; and

    Whereas, Increasing access to the Controlled Substance Monitoring Program may prove to serve the state's best interests in fighting the controlled substance and prescription medication abuse epidemic; and

    Whereas, If access is expanded, additional training of further individuals qualified to have increased access to the database, including certain sheriffs or deputy sheriffs, may be necessary to ensure that evidence and information are gathered in a proper manner to increase the likelihood of obtaining criminal convictions and to ensure proper safekeeping of the information obtained; and

    Whereas, Increased access to the database may have broader policy implications on the functionality and processes of the Controlled Substance Monitoring System, and a full understanding of the fiscal and managerial requirements of any policy change should be fully reviewed through this study; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study access to the Controlled Substance Monitoring Program database maintained by the West Virginia Board of Pharmacy by certified law-enforcement officers, the training and security clearance associated with allowing increased access to the database, the costs associated with increased database accessibility and the admissibility of evidence obtained from the database; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, 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.

    At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration and referred to the Committee on Health and Human Resources; and then to the Committee on Rules.

    Senators Unger, Stollings, Jenkins and Beach offered the following resolution:

    Senate Concurrent Resolution No. 66--Requesting the Joint Committee on Government and Finance to study the need, benefits and costs of a dyslexia screening and intervention pilot project and a dyslexia teacher training pilot program.

    Whereas, Dyslexia is defined as a specific learning disorder that is neurological in origin, characterized by unexpected difficulties with accurate or fluent word recognition and by poor spelling and decoding abilities not consistent with the intelligence, motivation and sensory capabilities of the person, which difficulties typically result from a deficit in the phonological component of language; and

    Whereas, Dyslexia affects fifteen to twenty percent of Americans; and

    Whereas, Dyslexia is categorized as a specific learning disability by the federal Individuals with Disabilities Education Act and the West Virginia Department of Education’s Policy 2419; and

    Whereas, Students with dyslexia are capable of learning successfully when their needs are appropriately addressed; and

    Whereas, In order to ensure that students with dyslexia achieve academic success to their highest potential, it is critical that they receive services and instruction that are appropriate to their learning needs; and

    Whereas, Students in West Virginia with dyslexia cannot receive adequate services if they are not diagnosed or their teachers are unaware of how to make appropriate accommodations or unwilling to do so; and

    Whereas, When students with dyslexia are not diagnosed or treated, they have a high risk of academic hardship, which can have long-term emotional, social and behavioral consequences; and

    Whereas, Early detection of dyslexia and the treatment thereof through education is crucial to the success of students with dyslexia; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study the need, benefits and costs of a dyslexia screening and intervention pilot project and a dyslexia teacher training pilot program; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, 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.

    At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration and referred to the Committee on Education; and then to the Committee on Rules.

    Senators Unger and Klempa offered the following resolution:

    Senate Concurrent Resolution No. 67--Requesting the Joint Committee on Government and Finance to study general revenue funding of community and technical colleges in this state.

    Whereas, There are ten community and technical colleges throughout this state which are funded from general revenue in the budget bill. Over $71 million is appropriated and expended through Higher Education - West Virginia Council for Community and Technical Education; and

    Whereas, There is a great disparity in the funding levels of the community and technical colleges. The existing policy for disbursing funds to the community and technical colleges has resulted in community and technical colleges with the greatest growth in enrollment receiving less funding; and

    Whereas, An objective measure of the performance of community and technical colleges is the number of degrees earned and the funds expended per student for the degree earned. Such an objective measurement further highlights the inequities of the current funding system for our community and technical colleges; and

    Whereas, There has been no justification presented to the Legislature explaining this disparity; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study general revenue funding of community and technical colleges in this state; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, 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.

    At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration and referred to the Committee on Education; and then to the Committee on Rules.

    Senators Unger, Foster, Stollings, Klempa and Beach offered the following resolution:

    Senate Concurrent Resolution No. 68--Requesting the Joint Committee on Government and Finance to study the benefits and costs of requiring municipal governing bodies and the West Virginia Commissioner of Highways to implement a complete streets policy.

    Whereas, A complete streets policy considers the needs of all transportation users and is implemented by including complete streets features, which ensure the safe usage of roads by all users; and

    Whereas, A complete streets policy is designed to uniquely adapt to and address the needs in the community context where a given transportation project is being considered; and

    Whereas, More than forty percent of pedestrian deaths in 2007 and 2008 occurred where no crosswalk was available, forty-seven percent of older adults reported they could not safely cross their main roads and forty percent said they do not have adequate sidewalks in their neighborhoods, and older pedestrians are disproportionately at risk of pedestrian fatalities; and

    Whereas, A complete streets policy would ensure that persons responsible for road design view all transportation improvements as opportunities to improve safety, access, and mobility for all travelers in West Virginia; and

    Whereas, A complete streets policy can foster a stronger sense of community and help local businesses; and

    Whereas, Nearly one third of Americans do not drive and fifty-five percent would rather drive less and walk more but do not have the opportunity; and

    Whereas, Incomplete streets, designed with only cars and motorists in mind, limit potentially cheaper transportation choices by making walking, bicycling, and taking public transportation inconvenient, unattractive, or too dangerous; and

    Whereas, The West Virginia Physical Activity Plan, of which the West Virginia Municipal League is a cosponsor and which the West Virginia Senate formally supported, recommends as part of multiple sector strategies that a complete streets policy be considered because of the potential health and physical activity benefits; and

    Whereas, Morgantown, West Virginia adopted a complete streets policy in 2007, and, in 2008, earned a “Well City” designation from the Wellness Councils of America and was named West Virginia’s “Best Walking City” and the thirty-fourth best in the nation by Prevention magazine and the American Podiatric Medical Association; and

    Whereas, It is costlier to implement complete streets features through retrofits than original construction; and

    Whereas, Complete streets policies have been adopted in at least sixteen states; and

    Whereas, Several complete streets features are currently considered by the Division of Highways, but such a policy is not codified; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study the benefits and costs of requiring municipal governing bodies and the West Virginia Commissioner of Highways to implement a complete streets policy; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, 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.

    At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration and referred to the Committee on Government Organization; and then to the Committee on Rules.

    Senators Unger and Foster offered the following resolution:

    Senate Concurrent Resolution No. 69--Requesting the Joint Committee on Government and Finance to study the creation of an independent commission on redistricting.

    Whereas, The State of West Virginia realigns its congressional and state legislative districts after each decennial census; and

    Whereas, Redistricting is an inherently political process; and

    Whereas, The welfare of the citizens of the State and their local communities of interest must be placed ahead of any political party or individual; and

    Whereas, An independent commission is a more equitable body to invest the responsibility of redistricting; and

    Whereas, Several states have already given independent commissions the primary responsibility of drawing reasonable and impartial congressional and legislative boundaries in an effort to have on open, democratic and transparent process, encourage citizen participation and avoid partisan gerrymandering; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study the creation of an independent commission on redistricting; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, 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.

    At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration and referred to the Committee on the Judiciary; and then to the Committee on Rules.

    Senators Stollings, Unger, Plymale and Klempa offered the following resolution:

    Senate Concurrent Resolution No. 70--Requesting the Joint Committee on Government and Finance study strategies for ensuring that individuals who are deaf or hard of hearing have access to necessary and appropriate hearing aid devices and accessories.

    Whereas, Hearing loss impacts the most basic of human needs, which is the ability to communicate with other human beings; and

    Whereas, There are currently more than one hundred thousand West Virginians of all ages who suffer from hearing loss, ninety five percent of whom would benefit greatly from the use of hearing aids; and

    Whereas, The cost of one hearing aid ranges from $1,000 to $5,000 and the average cost is $2,500; and

    Whereas, Most people require two hearing aids, resulting in an average cost of $5,000; and

    Whereas, The high cost of hearing aids prohibits many individuals and families from being able to purchase them; and

    Whereas, Inability to afford hearing aids leaves many West Virginians isolated, unable to communicate clearly with their families, experience difficulty with employment and face other problems; and

    Whereas, There exist some programs and resources to assist West Virginians who are unable to afford hearing aids, yet many other individuals and families who are unable to afford hearing aids do not qualify for assistance; and

    Whereas, Most hearing aid assistance plans will assist only families with household income below $40,000 and some require even lower household income levels; and

    Whereas, Several entities in the state serve individuals who are deaf and hard of hearing and would serve as excellent resource to the Legislature in examining the needs of these individuals; and

    Whereas, Such entities include, but are not limited to, West Virginia Centers for Independent Living, the West Virginia Board of Examiners of Speech Language Pathology and Audiology, the West Virginia Board of Hearing Aid Dealer and Fitters, the West Virginia Commission for the Deaf and Hard of Hearing, AARP West Virginia, the West Virginia Speech-Language-Hearing Association, the West Virginia Association for the Deaf, the Division of Rehabilitation Services, the Department of Health and Human Resources, the West Virginia Chapter of the Alexander Graham Bell Association, Lions Clubs and Quota Clubs; and

    Whereas, Citizens who are deaf or hard of hearing will be well served if the Legislature examines the gaps in assistance for individuals requiring hearing aids, reasons for and measures to minimize the gaps, and resources available to alleviate the financial burden of acquiring hearing aids; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study strategies for ensuring that individuals who are deaf or hard of hearing have access to necessary and appropriate hearing aid devices and accessories; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, 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.

    At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration and referred to the Committee on Health and Human Resources; and then to the Committee on Rules.

    Senators Unger, Kessler (Mr. President), Chafin, Jenkins, Prezioso, Klempa and Stollings offered the following resolution:

    Senate Resolution No. 51--Designating March 6, 2012, as “Substance Abuse Prevention, Treatment and Awareness Day.”

    Whereas, Working towards a healthy and productive West Virginian citizenry is of crucial importance; and

    Whereas, West Virginia has one of the highest drug prescription rate and the highest per capita overdose death rate in the nation, with ninety percent of those deaths involving prescription drugs; and

    Whereas, West Virginia faces other pronounced drug problems, such as methamphetamine abuse and manufacturing and marijuana consumption and cultivation; and

    Whereas, Substance abuse costs West Virginia millions of dollars each year, particularly the criminal justice, education and social services systems; and

    Whereas, Substance abuse has a significant, negative impact on the job force because the perception of substance abuse problems dissuades potential employers from locating to West Virginia and current employees with substance abuse problems endanger themselves, their co-workers and their places of employment; and

    Whereas, Persons who abuse substances can be rehabilitated through proper treatment and become healthy, productive citizens; and

    Whereas, Treatment is more effective and less costly than cycling substance abusers through the criminal justice system; and

    Whereas, The costs associated with substance abuse can be avoided with action and education that prevents persons at risk from becoming addicted to substances; and

    Whereas, The West Virginia Association of Alcoholism and Drug Abuse Counselors, Inc. and the dozens of other programs and organizations aimed at preventing, treating and informing about substance abuse are critical to combating the great threat substance abuse poses to the people of West Virginia; therefore, be it

    Resolved by the Senate:

    That the Senate hereby designates March 6, 2012, as “Substance Abuse Prevention, Treatment and Awareness Day;” and, be it

    Further Resolved, That the Senate invites all members of the West Virginia Legislature and all citizens of West Virginia to join in recognizing the value and importance of the agencies and organizations working to end substance abuse in West Virginia; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives at the West Virginia Association of Alcoholism and Drug Abuse Counselors, Inc.

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

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

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

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

    Your Committee on Pensions has had under consideration

    Senate Concurrent Resolution No. 71 (originating in the Committee on Pensions)--Requesting the Joint Committee on Government and Finance to study future legislation relating to establishing an additional tier retirement for Public Employees Retirement System and Teachers Retirement System and changing the employee contribution amount and the benefits in the state retirement systems.

    Whereas, The State of West Virginia values the contributions of its employees and the employees of its political subdivisions; and

    Whereas, The State of West Virginia demonstrates its regard for the contributions of its employees and the employees of its political subdivisions by offering a generous retirement benefit; and

    Whereas, The Legislature finds that the contribution rate for new employees of the state and its political subdivisions should be reviewed for increase; and

    Whereas, The benefits for new employees should be reviewed for consistency; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Joint Committee on Government and Finance to study future legislation relating to establishing an additional tier retirement for Public Employees Retirement System and Teachers Retirement System and changing the employee contribution amount and the benefits in the state retirement systems; and, be it

    Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study establishing a second tier for newly hired employees from the Public Employees Retirement System and Teachers Retirement System, including benefits and contributions; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, on its findings, conclusions and recommendations together with drafts of any legislation necessary to effectuate its recommendations; and, be it

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

    Senate Concurrent Resolution No. 72 (originating in the Committee on Pensions)--Requesting the Joint Committee on Government and Finance to study future legislation relating to the purchase of retroactive service by legislative employees from the Public Employees Retirement System.

    Whereas, There are conflicting restrictions on the purchase of retroactive service by legislative employees from the Public Employees Retirement System; and

    Whereas, These conflicting restrictions are causing a lack of compliance by legislative employees and subsequent employers; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study future legislation relating to the purchase of retroactive service by legislative employees from the Public Employees Retirement System; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

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

    Senate Concurrent Resolution No. 73 (originating in the Committee on Pensions)--Requesting the Joint Committee on Government and Finance to study the provisions relating to military service retirement credits in the Teachers Retirement System, the Public Employees Retirement System, the State Police Retirement System and the Judges Retirement System.

    Whereas, The State of West Virginia values the contributions of its veterans who are employed by the State and its political subdivisions; and

    Whereas, The State of West Virginia demonstrates its regard for its veterans who are employed by the State and its political subdivisions by offering military service credit towards the veteran employee’s retirement benefits without requiring employee contribution; and

    Whereas, The Legislature finds that this military service credit is not consistent among the state retirement plans; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Joint Committee on Government and Finance to study the provisions relating to military service retirement credits in the Teachers Retirement System, the Public Employees Retirement System, the State Police Retirement System and the Judges Retirement System; and, be it

    Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study the provisions of military service credit in all state retirement plans to promote consistency and fairness to the state’s veterans while maintaining the financial solvency of the state’s retirement systems; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

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

    Senate Concurrent Resolution No. 74 (originating in the Committee on Pensions)--Requesting the Joint Committee on Government and Finance to study future legislation relating to the reemployment restrictions after retirement from the Public Employees Retirement System.

    Whereas, There are conflicting restrictions on reemployment for retirants of the Public Employees Retirement System (PERS); and

    Whereas, These conflicting restrictions on retirant reemployment may be causing a lack of compliance by participating public employers; and

    Whereas, The expected number of PERS retirants desiring reemployment opportunities is expected to increase; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study future legislation relating to the reemployment restrictions after retirement from the Public Employees Retirement System; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

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

    And,

    Senate Concurrent Resolution No. 75 (originating in the Committee on Pensions)--Requesting the Joint Committee on Government and Finance to study the provisions relating to municipal policemen’s and firemen’s pension and relief funds to find additional sources of financial support.

    Whereas, The State of West Virginia values the contributions of its firemen and policemen who are employed by its political subdivisions; and

    Whereas, The Legislature finds that the retirement plans for many of the firemen and policemen have serious financial difficulties and that some municipalities are searching for ways to appropriately fund these retirement plans; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Joint Committee on Government and Finance to study the provisions relating to municipal policemen’s and firemen’s pension and relief funds to find additional sources of financial support; and, be it

    Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study the policemen’s and firemen’s retirement plans to create or maintain the financial solvency of the policemen’s and firemen’s pension and relief funds; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

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

    And reports the same back with the recommendation that they each be adopted; but with the further recommendation that they first be referred to the Committee on Rules.

                             Respectfully submitted,

                               Dan Foster,

                                 Chair.

    On motion of Senator Foster, the resolutions (S. C. R. Nos. 71, 72, 73, 74 and 75) contained in the foregoing report from the Committee on Pensions were referred to the Committee on Rules.

    Senator Unger 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. 4119.

    The Senate proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 63, Supporting Federal Pell Grant Program.

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

    Senate Concurrent Resolution No. 64, Requesting Joint Committee on Government and Finance study Natural Resources Police.

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

    House Concurrent Resolution No. 79, The "Jack D. Miller 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. 84, The "First Lieutenant Charles Barrett II 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. Com. Sub. for House Bill No. 2521, Eliminating the requirement of serving domestic violence orders by certified mail.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2521) 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. 3128, Relating to filing a civil petition for expungement of records relating to an arrest.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 3128) 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. 3177, Permitting an owner who sells real property pursuant to a deed of trust to terminate a preexisting tenancy.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 3177) 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. 3177--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §38-1-16, relating to the status and rights of parties under a preexisting tenancy and lease when residential rental property is sold by a trustee pursuant to a deed of trust; declaring the rights of new owner to terminate tenancy with notice; providing a right of existing tenant to terminate tenancy; creating minimum notice requirements; setting requirements for providing notice; declaring that the terms and conditions of the preexisting lease survive the trustee sale; naming certain exceptions; and setting effective date.

    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. 4001, Authorizing boards to establish fees by legislative rule.

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

    On the passage of the bill, the yeas were: Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--30.

    The nays were: Barnes, Hall, Nohe and Sypolt--4.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4001) passed.

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

    Eng. Com. Sub. for House Bill No. 4001--A Bill to amend and reenact §30-1-6 of the Code of West Virginia, 1931, as amended, relating to professional licensing boards; authorizing boards to establish fees by legislative rule notwithstanding specific fees established in code; providing for methods to notify licensees of proposal of fees in legislative rules; clarifying the requirement to redact social security numbers from records released to the public; prohibiting discrimination against an applicant; and establishing a denial of authorization to practice procedure.

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

    Eng. House Bill No. 4002, Relating to annual seminar requirements for professional licensing boards.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4002) passed with its title.

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

    Eng. House Bill No. 4097, Creating a license to practice hair styling.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4097) passed with its title.

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

    Eng. House Bill No. 4119, Providing a definition for an athletic director who is employed by a county board of education.

    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. 4125, Correcting date for schools to send notice to parents alerting them to the existence of the school's crisis response plan.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4125) 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. 4125--A Bill to amend and reenact §18-9F-9 of the Code of West Virginia, 1931, as amended, relating to modifying when the requirement for schools to annually send notices to parents and guardians about the school’s crisis response plan and their ability to review a redacted copy becomes effective.

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

    Eng. House Bill No. 4126, Authorizing legislative rules for the Higher Education Policy Commission and Council for Community and Technical College Education.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4126) 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. 4220, Authorizing the department of commerce 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, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4220) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4220) takes effect from passage.

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

    Eng. Com. Sub. for House Bill No. 4238, Establishing procedures for address confidentiality program participants on the special absentee voting list.

    On third reading, coming up in regular order, with the Judiciary committee amendment pending, and with the right having been granted on yesterday, Monday, March 5, 2012, for other amendments to be received on third reading, was reported by the Clerk.

    The question being on the adoption of the Judiciary committee amendment to the bill (shown in the Senate Journal of yesterday, Monday, March 5, 2012, pages 34 to 39 inclusive), the same was put and prevailed.

    There being no further amendments offered,

    The bill (Eng. Com. Sub. for H. B. No. 4238), as just amended, was then read a third time and put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4238) 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. 4238--A Bill to amend and reenact §3-3-1, §3-3-2 and §3-3-2b of the Code of West Virginia, 1931, as amended, relating to providing absentee ballots to participants of the Address Confidentiality Program; authorizing program participants to vote an absentee ballot by mail; authorizing the placement of program participants on special absentee voting list; describing duties of the office of the Secretary of State and county officials designated to supervise and conduct absentee voting; and providing for the removal of program participants from the special absentee voting list.

    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. 4239, Increasing the membership of the West Virginia Board of Osteopathy.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4239) passed.

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

    Eng. Com. Sub. for House Bill No. 4239--A Bill to amend and reenact §30-14-1, §30-14-2, §30-14-3 and §30-14-12b of the Code of West Virginia, 1931, as amended, relating to the West Virginia Board of Osteopathy; renaming the board to the West Virginia Board of Osteopathic Medicine; providing definitions; increasing board membership; providing board composition; increasing the board membership term length; and adding certain requirements to qualify to serve on the board.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4239) takes effect from passage.

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

    Eng. House Bill No. 4299, Authorizing a county board of education to use the services of a bus operator from another county in certain circumstances.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4299) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4299) takes effect from passage.

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

    Eng. House Bill No. 4320, Relating to the settlement of violations of the Hazardous Waste Management Act by consent agreements.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4320) 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. 4330, Providing that drivers licenses may contain information designating the licensee as a person who is an honorably discharged veteran.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4330) 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. 4351, Relating to mine 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, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4351) 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. 4351--A Bill to amend and reenact §15-5B-3 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §15-5B-6; to amend and reenact §22A-1-4, §22A-1-14 and §22A-1-21 of said code; to amend said code by adding thereto two new sections, designated §22A-1-13a and 22A-1-40; to amend said code by adding thereto a new article, designated §22A-1A-1, §22A-1A-2, §22A-1A-3 and §22A-1A-4; to amend and reenact §22A-2-2, §22A-2-12, §22A-2-16, §22A-2-20, §22A-2-24, §22A-2-43, §22A-2-55 and §22A-2-66 of said code; to amend said code by adding thereto a new section, designated §22A-2-43a; to amend and reenact §22A-6-4 of said code; to amend said code by adding thereto two new sections, designated §22A-6-13 and §22A-6-14; to amend and reenact §22A-7-5 of said code; to amend said code by adding thereto a new section, designated §22A-7-5a; and to amend said code by adding thereto a new article, designated §22A-12-1, all relating to mine safety generally; requiring coal mine operators to provide reports to and notify certain entities in the event of an emergency; establishing a mine safety anonymous tip hotline; exempting information provided to the hotline from the Freedom of Information Act; permitting the Director of the Office of Miners’ Health, Safety and Training to share information regarding certification suspensions or revocations with other states and to promulgate certain legislative rules; requiring a study be conducted regarding mine inspector qualifications, compensation, training and inspections; creating a criminal offense and establishing criminal penalties for providing advance notice of an inspection or an inspector’s presence at a mine; increasing civil and criminal penalties; requiring operator or employer to investigate complaints involving impaired miners; creating criminal offense and penalty for willful violation of mine safety laws, rules or standards causing a fatality; providing confidentiality of certain meetings relating to violations and mining accidents; excepting certain statements from release under freedom of information act; providing conditions relating to statements to director; allowing designation of certain persons by miner family members to attend interviews and hearings in certain circumstances and providing limitations thereto; providing that Director prepare and distribute list containing certain information of persons to assist families following accidents; providing for suspension of mining certificates in certain circumstances; requiring coal mining operators and certain employers to implement substance abuse screening policy and program for certain persons; providing procedures and minimum requirements of substance abuse screening policy and program; requiring substance abuse screening upon preemployment, rehiring or transfer of miner; requiring coal mine operators to provide notification to the Director of the Office of Miners’ Health, Safety and Training of certain information at specified intervals and upon certain events related to substance abuse violations; allowing operator policies to be more restrictive than minimum statutory requirements; requiring substance abuse screening of all persons in safety sensitive positions; requiring immediate suspension of miner certificates as a result of suspensions or revocations for substance abuse in other jurisdictions and reciprocity; providing procedure for board of appeals hearings on certification suspensions and judicial review of board decisions; providing exemptions from and exceptions to the disclosure of substance abuse screening results; proving rule-making on thresholds and other protocols and requirements; providing internal effective dates; revising procedure for approval, review, comment and enforcement of mine ventilation plans; increasing the number of days an apprentice must work within sight and sound of mine foreman or experienced miner; authorizing additional training when certain conduct creating hazardous condition at mine; requiring methane detectors be maintained in accordance with manufacturer specifications; requiring periodic review copies of fire boss books by the mining superintendent or senior person at the mine, and duties thereto; requiring director to proscribe fire boss book; revising and expanding examination and reporting requirements relating to certain inspections; increasing the percentage of rock dust to be maintained in coal mines and providing certain information upon request; prescribing actions required to detect and respond to excess methane gas levels in coal mines; establishing safety levels and testing requirements relating to methane and providing for rules relating thereto and requiring certain action at certain levels; prescribing requirements for persons to operate or repair mining machinery; providing for increased training regarding the use of self-contained self-rescue devices; providing additional notification by coal mine operators in the event of an accident; allowing reduction of civil penalties when mitigating circumstances exist; authorizing board to conduct investigation in accidents resulting in a fatality; requiring study of and report on the safety of working or traveling in bleeder or gob areas of certain coal mines; requiring studies of expanding certification and mandatory substance abuse program and authorizing emergency rule-making by the Board and Director relating thereto; directing additional education for certain miners rights and protections; requiring study of and report on education, training and examination associated with certifying miners; and requiring a study and report on enforcement procedures.

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

    Eng. House Bill No. 4481, Relating to the Comprehensive Behavioral Health 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, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4481) passed.

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

    Eng. House Bill No. 4481--A Bill to repeal §16-42-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §16-42-3 of said code, relating to the Comprehensive Behavioral Health Commission; increasing the membership of the Commission and the membership of the Advisory Board to the Commission; reestablishing the Advisory Board; and repealing the termination date of the commission.

    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. 4630, Modifying the membership of the Braxton County Recreational Development Authority.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4630) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4630) takes effect from passage.

    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.

    Senate Bill No. 677, Expiring funds from DHHR, Medicaid Fraud Control Fund, and making supplementary appropriation to DHHR, Division of Human Services.

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

    Senate Bill No. 678, Making supplementary appropriations from State Fund, General Revenue, to various accounts.

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

    Eng. Com. Sub. for House Bill No. 4088, Repealing the West Virginia telecommunications tax.

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

    Eng. House Bill No. 4103, Consolidating of government services and enforcement of laws pertaining to the motor carrier industry.

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

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

    On page two, section one, line six, after the word “Tax” by striking out the word “Division” and inserting in lieu thereof the word “Department”;

    And,

    On page five, section two, line eight, by striking out the word “Division” and inserting in lieu thereof the word “Department”.

    The bill (Eng. H. B. No. 4103), as amended, was then ordered to third reading.

    Eng. House Bill No. 4251, Relating generally to amendments to the uniform commercial code.

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

    On motion of Senator Palumbo, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:

    On page seventy-three, section five hundred two, line thirty-six, after the word “section” by changing the semicolon to a colon and striking out the word “but:” and inserting in lieu thereof the words “Provided, That”;

    And,

    On page eighty, section five hundred two, line twelve, by striking out the word “it’s”.

    The bill (Eng. H. B. No. 4251), as amended, was then ordered to third reading.

    Eng. Com. Sub. for House Bill No. 4260, Relating to insurance coverage for autism spectrum disorders.

    On second reading, coming up in regular order, was reported by the Clerk.

    At the request of Senator Unger, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.

    Eng. Com. Sub. for House Bill No. 4338, Raising the maximum value amount of an abandoned motor vehicle.

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

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

    On pages eight and nine, lines one hundred one through one hundred twenty-three, by striking out all of subsection (f) and inserting in lieu thereof a new subsection (f), to read as follows:

    (f) For an abandoned motor or junked motor vehicle having a loan value of $2,500 $7,500 or less, as ascertained by values placed upon motor vehicles using a standard industry reference book, a licensed motor vehicle dealer, as defined in section one, article one, chapter seventeen-a of this code, or a motor vehicle repair facility or a towing company registered with the Public Service Commission pursuant to section two-a, article two, chapter twenty-four-a of this code may, if a motor vehicle is abandoned on the property or place of business of the dealer or a motor vehicle repair facility or towing company and is not claimed by the owner or a lienholder after notice within the time set forth in subsection (d) of this section or if the identity of the last registered owner of the abandoned motor vehicle cannot be determined or if the certificate of registration or certificate of title contains no address of the owner or if it is impossible to determine with reasonable certainty the identity and address of all lienholders after publication as set forth in subsection (b) of this section, file an application with the Division of Motor Vehicles for a certificate of title and registration which, upon payment of the appropriate fees, shall be issued. The dealer or motor vehicle repair facility or towing company may then sell the motor vehicle at private sale or public auction.

    The bill (Eng. Com. Sub. for H. B. No. 4338), as amended, was then ordered to third reading.

    Eng. Com. Sub. for House Bill No. 4345, Prohibiting the unauthorized sale of railroad scrap metal.

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

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

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

ARTICLE 2. RAILROAD COMPANIES.

§31-2-17. Selling railroad scrap metal.

    (a) As used in this section:

    (1) “Company” is a railroad carrier as defined in section twenty-eight, article three, chapter sixty-one;

    (2) “Railroad scrap metal” means any materials derived from railroad track, railroad track material, worn or used links, pins, journal bearings, or other worn, used, or detached appendages of railroad equipment or railroad track;

    (3) “Purchaser” means any person in the business of purchasing railroad scrap metal, any salvage yard owner or operator, any public or commercial recycling facility owner or operator and any agent or employee thereof, or other individual or entity who purchase any form of railroad scrap metal;

    (4) “Confusion of goods” means the intended mixture of similar railroad scrap metal done purposely by the purchaser without authorization of right or title to the railroad scrap metal.

    (b) Only a duly authorized individual, agent, officer or employee of a company may sell or dispose of railroad scrap metal owned by the company. Any sale or disposition of railroad scrap metal made by any unauthorized individual is void: Provided, That the purchaser knowingly purchased company railroad scrap metal.

    (c) All sales or disposition of company railroad scrap metal must:

    (1) Be in quantities equal to or greater than one ton;

    (2) Be accompanied by a bill of sale or other written evidence of authorization to sell the railroad scrap metal, a copy of which shall be retained by the purchaser and the duly authorized seller of railroad scrap metal; and,

    (3) Comply with other lawful requirements regarding the sale and purchase of railroad scrap metal.

    (d) If a duly authorized individual sells or disposes of railroad scrap metal in quantities less than one ton, or without delivering a bill of sale or other written evidence of authorization from the company for sale or disposition of railroad scrap metal to the purchaser, the company shall not thereafter be entitled to the benefit of subsections (g) through (i) of this section.

    (e) Before knowingly acquiring railroad scrap metal the purchaser shall attempt to ascertain the lawful ownership thereof, whether by evidence of a bill of sale from the company, or other form of written authorization from the company for sale or disposition of railroad scrap metal to the purchaser.

    (f) In any civil action where the company claims to be the rightful owner of railroad scrap metal in the possession of a purchaser, the company may, in addition to any other relief to which the company may be entitled, seek an immediate order from the court to physically preserve any railroad scrap metal which is the subject of the suit, and any other metals with which they may have been confused, while the suit is pending.

    (g) In a civil action regarding rightful possession and ownership of railroad scrap metal, if the purchaser cannot produce the bill of sale or other written evidence of authorization to sell the railroad scrap metal, the court shall presume that the subject railroad scrap metal was unlawfully taken from the company.

    (h) The purchaser claiming ownership of the railroad scrap metal in controversy may rebut this presumption and prove a lawful right or title to the subject railroad scrap metal, but in the absence of adequate proof, the company shall be held to be the general owner of the subject railroad scrap metal, and shall be entitled to immediate possession of the railroad scrap metal in controversy.

    (i) If the court finds that any portion, or all of the railroad scrap metal in controversy was unlawfully obtained by the purchaser, and mixed or confused with other railroad scrap metal, it shall be deemed a confusion of goods. In the case of a confusion of goods, the purchaser loses any right in all mixed railroad scrap metal unless the railroad scrap metal can be identified and separated among the company and the purchaser.

    (j) In a civil action regarding rightful possession and ownership of railroad scrap metal, if the court finds that the purchaser knowingly purchased company railroad scrap metal and failed to attempt to ascertain that the person selling the railroad scrap metal had a legal right to do so, the court shall award the company costs and attorneys fees related to that action.

    The bill (Eng. Com. Sub. for H. B. No. 4345), as amended, was then ordered to third reading.

    Eng. Com. Sub. for House Bill No. 4398, 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.

    Eng. House Bill No. 4523, Relating to the Bureau for Child Support enforcement and reporting employment and income of an independent contractor.

    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. 4530, Authorizing the Public Service Commission to consider and issue a financing order to certain regulated electric utilities to permit the recovery of expanded net energy costs.

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

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

    On page fourteen, section four-f, line two hundred thirty-three, by striking out the word “resulted” and inserting in lieu thereof the words “could result”;

    And,

    On page fifteen, section four-f, line two hundred forty-five, by striking out the word “cost” and inserting in lieu thereof the word “costs”.

    The bill (Eng. Com. Sub. for H. B. No. 4530), as amended, was then ordered to third reading.

    Eng. House Bill No. 4648, Implementing a domestic violence court pilot project.

    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 48. DOMESTIC RELATIONS.

ARTICLE 27. PREVENTION AND TREATMENT OF DOMESTIC VIOLENCE.

PART 3. PROCEDURE.

§48-27-301. Jurisdiction.

    (a) Circuit courts, family courts and magistrate courts, have concurrent jurisdiction over domestic violence proceedings as provided in this article.

    (b) The Supreme Court of Appeals is authorized to assign an appropriate judicial officer for one pilot domestic violence court in any jurisdiction chosen by the Supreme Court of Appeals. The judicial officer assigned has the authority and jurisdiction to preside over criminal misdemeanor crimes of domestic violence involving family or household members as defined in subdivisions one through six and paragraphs (A), (B) and (H), subdivision seven, section two hundred four of this article, relating to offenses under subsections (b) and (c), section nine, section nine-a, and section twenty-eight, article two, chapter sixty-one of this code, misdemeanor offenses under article three, chapter sixty-one of this code, where the alleged perpetrator and the victim are said family or household members, subdivisions seven and eight, section seven, article seven, chapter sixty-one of this code and civil and criminal domestic violence protective order proceedings as provided in this article. The judicial officer chosen for any pilot domestic violence court may be a current or senior status circuit judge, family court judge, temporary family court judge or magistrate. The Supreme Court of Appeals is requested to maintain statistical data to determine the feasibility and effectiveness of any pilot domestic violence court established by the provisions of this section. The program shall terminate December 31, 2016, and the Supreme Court is requested to provide a report to the President of the Senate and the Speaker of the House of Delegates regarding the program’s efficacy prior to the regular sessions of the Legislature in 2015 and 2016.

CHAPTER 51. COURTS AND THEIR OFFICERS.

ARTICLE 2A. FAMILY COURTS.

§51-2A-2. Family court jurisdiction; exceptions; limitations.

    (a) The family court shall exercise jurisdiction over the following matters:

    (1) All actions for divorce, annulment or separate maintenance brought under the provisions of article three, four or five, chapter forty-eight of this code except as provided in subsections (b) and (c) of this section;

    (2) All actions to obtain orders of child support brought under the provisions of articles eleven, twelve and fourteen, chapter forty-eight of this code;

    (3) All actions to establish paternity brought under the provisions of article twenty-four, chapter forty-eight of this code and any dependent claims related to such actions regarding child support, parenting plans or other allocation of custodial responsibility or decision-making responsibility for a child;

    (4) All actions for grandparent visitation brought under the provisions of article ten, chapter forty-eight of this code;

    (5) All actions for the interstate enforcement of family support brought under article sixteen, chapter forty-eight of this code and for the interstate enforcement of child custody brought under the provisions of article twenty of said chapter;

    (6) All actions for the establishment of a parenting plan or other allocation of custodial responsibility or decision-making responsibility for a child, including actions brought under the Uniform Child Custody Jurisdiction and Enforcement Act, as provided in article twenty, chapter forty-eight of this code;

    (7) All petitions for writs of habeas corpus wherein the issue contested is custodial responsibility for a child;

    (8) All motions for temporary relief affecting parenting plans or other allocation of custodial responsibility or decision-making responsibility for a child, child support, spousal support or domestic violence;

    (9) All motions for modification of an order providing for a parenting plan or other allocation of custodial responsibility or decision-making responsibility for a child or for child support or spousal support;

    (10) All actions brought, including civil contempt proceedings, to enforce an order of spousal or child support or to enforce an order for a parenting plan or other allocation of custodial responsibility or decision-making responsibility for a child;

    (11) All actions brought by an obligor to contest the enforcement of an order of support through the withholding from income of amounts payable as support or to contest an affidavit of accrued support, filed with the circuit clerk, which seeks to collect an arrearage;

    (12) All final hearings in domestic violence proceedings;

    (13) Petitions for a change of name, exercising concurrent jurisdiction with the circuit court;

    (14) All proceedings for payment of attorney fees if the family court judge has jurisdiction of the underlying action;

    (15) All proceedings for property distribution brought under article seven, chapter forty-eight of this code;

    (16) All proceedings to obtain spousal support brought under article eight, chapter forty-eight of this code;

    (17) All proceedings relating to the appointment of guardians or curators of minor children brought pursuant to sections three, four and six, article ten, chapter forty-four of this code, exercising concurrent jurisdiction with the circuit court; and

    (18) All proceedings relating to petitions for sibling visitation.

    (b) If an action for divorce, annulment or separate maintenance does not require the establishment of a parenting plan or other allocation of custodial responsibility or decision-making responsibility for a child and does not require an award or any payment of child support, the circuit court has concurrent jurisdiction with the family court over the action if, at the time of the filing of the action, the parties also file a written property settlement agreement executed by both parties.

    (c) If an action for divorce, annulment or separate maintenance is pending and a petition is filed pursuant to the provisions of article six, chapter forty-nine of this code alleging abuse or neglect of a child by either of the parties to the divorce, annulment or separate maintenance action, the orders of the circuit court in which the abuse or neglect petition is filed shall supercede and take precedence over an order of the family court respecting the allocation of custodial and decision-making responsibility for the child between the parents. If no order for the allocation of custodial and decision-making responsibility for the child between the parents has been entered by the family court in the pending action for divorce, annulment or separate maintenance, the family court shall stay any further proceedings concerning the allocation of custodial and decision-making responsibility for the child between the parents and defer to the orders of the circuit court in the abuse or neglect proceedings.

    (d) If a family court judge is assigned as a judicial officer of a pilot domestic violence court then jurisdiction of all proceedings relating to criminal misdemeanor crimes of domestic violence as referenced in section three hundred one of this article involving a family or household member as referenced in subdivisions one through six and paragraphs (A), (B), and (H), subdivision seven, section two hundred four, article twenty-seven, chapter forty-eight of this code.

    (d) (e) A family court is a court of limited jurisdiction. A family court is a court of record only for the purpose of exercising jurisdiction in the matters for which the jurisdiction of the family court is specifically authorized in this section and in chapter forty-eight of this code. A family court may not exercise the powers given courts of record in section one, article five, chapter fifty-one of this code or exercise any other powers provided for courts of record in this code unless specifically authorized by the Legislature. A family court judge is not a “judge of any court of record” or a “judge of a court of record” as the terms are defined and used in article nine of this chapter.

    The bill (Eng. H. B. No. 4648), as amended, was then ordered to third reading.

    Eng. House Bill No. 4654, Relating to the provision of mailing services by the CPRB to certain retiree organizations.

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

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

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

ARTICLE 10D. CONSOLIDATED PUBLIC RETIREMENT BOARD.

§5-10D-6. Voluntary deductions by the Consolidated Public Retirement Board from monthly benefits to retirees to pay association dues.

    (a) Any recipient of monthly retirement benefits from any public retirement plan in this state may authorize that a deduction from his or her monthly benefits be made for the payment of membership dues or fees to a retiree association. The deductions shall be authorized on a form provided by the Consolidated Public Retirement Board and shall include: (a) (1) The identity and social security number of the retiree; (b) (2) the amount and frequency of the deduction; (c) (3) the identity and address of the association to which the dues or fees shall be paid; and (d) (4) the signature of the retiree.

    (b) Any retiree association authorized by recipients of monthly benefits from any public retirement plan in this state to receive dues or fees from deductions from retirants’ monthly benefits may notify the board of its monthly dues on a form provided by the board: Provided, That no increase in dues or fees will be deducted from any retirant’s monthly benefit until the retirant has completed an authorization form containing the information in subsection (a) and submitted this authorization to the board. The increased monthly retiree association dues or fees will be deducted commencing the month following the receipt of the authorization form to the board.

    (c) Upon execution of the authorization and its receipt by the

Consolidated Public Retirement Board, the deduction shall be made in the manner specified on the form and remitted to the designated association on the tenth day of each month: Provided, That the deduction may not be made more frequently than monthly.

    (d) Deduction authorizations may be revoked at any time at least thirty days prior to the date on which the deduction is regularly made and on a form to be provided by the Consolidated Public Retirement Board.

    (e) Notwithstanding the provisions of section twenty-one, article eight, chapter five-a of this code to the contrary, a retiree association representing only West Virginia public retirees may request the board to mail voluntary membership applications and dues deduction cards to any eligible retirees of any West Virginia public retirement plan administered by the board: Provided, That the retiree association shall pay all costs associated with these mailings, including but not limited to copying, mailing, postage, record-keeping and auditing: Provided, however, That the board may contract with a third-party to provide mailing services that agrees to maintain the confidentiality of the names, addresses and other personally identifiable information of the retirants.

    (f) The board is not liable to any retirant, beneficiary or other annuitant for any action undertaken pursuant to this section. Any retiree association agrees, by requesting the board to deduct dues or fees or to provide mailings for it, to be responsible for any errors or omissions by the board in conducting these activities pursuant to this section.

    (g) If any retiree association fails to timely pay to the board all costs required by this section, the board is authorized to thereafter refuse to provide the services in subsection (e).

    (h) The provisions of this section shall expire July 1, 2022.

    The bill (Eng. H. B. No. 4654), as amended, was then ordered to third reading.

    The Senate proceeded to the tenth order of business.

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

    Eng. Com. Sub. for House Bill No. 4063, Relating to civil service commissions in political subdivisions.

    Eng. Com. Sub. for House Bill No. 4130, Creating the felony criminal offense of sale or purchase of a child.

    Eng. Com. Sub. for House Bill No. 4307, Clarifying that the practice and procedure for domestic violence civil proceedings are governed by court rule.

    Eng. Com. Sub. for House Bill No. 4332, Relating to transfer of service credit from Public Employees Retirement System to Emergency Medical Services Retirement System.

    Eng. Com. Sub. for House Bill No. 4376, Licensing wine sales at certain professional baseball stadiums.

    Eng. House Bill No. 4403, Changing the filing deadline for certified write-in candidates.

    Eng. Com. Sub. for House Bill No. 4489, Strengthening authority of the West Virginia Municipal Pensions Oversight Board.

    And,

    Eng. House Bill No. 4567, Permitting the Harrison county commission to levy a special district tax.

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, 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 passage by that body and requested the concurrence of the Senate in the passage of

    Eng. House Bill No. 4328--A Bill to amend and reenact §20-2-22 of the Code of West Virginia, 1931, as amended, relating to tagging of certain game animals; and removing bobcats from the list of species requiring a field tag.

    Referred to the Committee on Natural Resources.

    The Senate again proceeded to the fourth order of business.

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

    Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 6th day of March, 2012, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:

    (Com. Sub. for S. B. No. 221), Creating Jason Flatt Act of 2012.

    (S. B. No. 224), Renaming Division or Department of Banking as Division of Financial Institutions.

    (Com. Sub. for Com. Sub. for S. B. No. 379), Authorizing Board of Registered Professional Nurses designate certain treatment and recovery programs for licensees.

    (Com. Sub. for Com. Sub. for S. B. No. 564), Creating Aviation Fund and Fleet Management Office Fund.

    (Com. Sub. for H. B. No. 4037), Relating to the professional and occupational licensure and registration of former and current members of the Armed Forces of the United States.

    (Com. Sub. for H. B. No. 4122), Relating to alternative programs for teacher education.

    And,

    (Com. Sub. for H. B. No. 4493), Establishing special memorial days for certain military veterans.

                             Respectfully submitted,

                               Gregory A. Tucker,

                                 Chair, Senate Committee.

                               Meshea L. Poore,

                                 Chair, House Committee.

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

    Your Committee on Health and Human Resources has had under consideration

    Senate Concurrent Resolution No. 70, Requesting Joint Committee on Government and Finance study access to hearing aid devices and accessories.

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

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

    The resolution, under the original double committee reference, was then referred to the Committee on Rules.

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

    Your Committee on the Judiciary has had under consideration

    Eng. Com. Sub. for House Bill No. 3157, Adding an additional family court judge to the twenty-third family court district.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

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

    Your Committee on Finance has had under consideration

    Eng. House Bill No. 4007, Relating to unemployment benefits for certain spouses of military personnel.

    Eng. Com. Sub. for House Bill No. 4070, Changing the basis for paying the county salary supplement equivalent pay rate for division of rehabilitation teachers.

    Eng. House Bill No. 4274, Expanding the authority of the Commissioner of Banking over regulated consumer lender licensees, and providing a penalty for violations.

    And,

    Eng. House Bill No. 4626, Increasing state police principal supervisors to nineteen.

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

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

    Your Committee on Government Organization has had under consideration

    Eng. Com. Sub. for House Bill No. 4049, Requiring the Department of Environmental Protection to maintain an Office of Internal Auditing.

    And has amended same.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    At the request of Senator Snyder, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4049) 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 an amendment from the Committee on Government Organization pending.

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

    Your Committee on the Judiciary has had under consideration

    Eng. Com. Sub. for House Bill No. 4053, Relating to abduction, kidnapping and human trafficking.

    And has amended same.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

    Your Committee on Health and Human Resources has had under consideration

    Eng. Com. Sub. for House Bill No. 4077, Relating to activities that may be performed by a dental hygienist without a prior exam by a dentist.

    And has amended same.

    And,

    Eng. Com. Sub. for House Bill No. 4327, Requiring pulse oximetry testing for newborns.

    And has amended same.

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

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

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

    Your Committee on Education has had under consideration

    Eng. Com. Sub for House Bill No. 4101, Authorizing teacher-in-residence programs for certain prospective teachers in lieu of student teaching.

    And has amended same.

    And,

    Eng. House Bill No. 4655, Relating to school service personnel certification.

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

    Your Committee on the Judiciary has had under consideration

    Eng. Com. Sub. for House Bill No. 4139, Authorizing miscellaneous agencies and boards to promulgate legislative rules.

    And has amended same.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

    Your Committee on the Judiciary has had under consideration

    Eng. Com. Sub. for House Bill No. 4142, Authorizing the Department of Administration to promulgate legislative rules.

    And has amended same.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

    Your Committee on Government Organization has had under consideration

    Eng. Com. Sub. for House Bill No. 4279, Permitting municipalities to stagger the terms of elected officers.

    And has amended same.

    Eng. House Bill No. 4315, Permitting a new class IV town or village to select a form of government.

    And has amended same.

    And,

    Eng. House Bill No. 4634, Removing the requirement for the Legislative Auditor to conduct certain fiscal audits of the Alcohol Beverage Control Commission and the Children's Trust Fund.

    And has amended same.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    At the request of Senator Palumbo, as chair of the Committee on the Judiciary, unanimous consent was granted to dispense with the second committee references of Engrossed Committee Substitute for House Bill No. 4279 and Engrossed House Bill No. 4315 contained in the foregoing report from the Committee on Government Organization.

    At the request of Senator Snyder, unanimous consent being granted, Engrossed House Bill No. 4634 contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary, with amendments from the Committee on Government Organization pending.

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

    Your Committee on Finance has had under consideration

    Eng. Com. Sub. for House Bill No. 4281, Increasing the supplemental pay of members of the West Virginia State Police.

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

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

    Your Committee on the Judiciary has had under consideration

    Eng. Com. Sub. for House Bill No. 4424, Relating to modified mental hygiene procedures.

    And has amended same.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

    Your Committee on Education has had under consideration

    Eng. Com. Sub. for House Bill No. 4433, Modifying the criteria for awarding high school diplomas to certain veterans.

    With an amendment from the Committee on Military pending;

    And has also amended same.

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

                             Respectfully submitted,

                               Robert H. Plymale,

                                 Chair.

    At the request of Senator Plymale, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4433) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time and ordered to second reading.

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

    Your Committee on the Judiciary has had under consideration

    Eng. Com. Sub. for House Bill No. 4438, Provider Sponsored Network Act.

    And has amended same.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

    Your Committee on Economic Development has had under consideration

    Eng. Com. Sub. for House Bill No. 4475, Reducing federal adjusted gross income for recent graduates of higher education institutions.

    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,

                               Richard Browning,

                                 Chair.

    At the request of Senator Browning, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4475) contained in the preceding report from the Committee on Economic Development was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Economic Development pending.

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

    Your Committee on the Judiciary has had under consideration

    Eng. Com. Sub. for House Bill No. 4581, Making grants from state and other funds to provide civil legal services to low income persons.

    And has amended same.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

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

    Your Committee on Military has had under consideration

    Eng. Com. Sub. for House Bill No. 4601, Authorizing the West Virginia National Guard to participate in a federal asset forfeiture or sharing program.

    And has amended same.

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

                             Respectfully submitted,

                               Erik P. Wells,

                                 Chair.

    At the request of Senator Wells, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4601) contained in the preceding report from the Committee on Military was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Military pending.

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

    Your Committee on Health and Human Resources has had under consideration

    Eng. Com. Sub. for House Bill No. 4636, Authorizing a responsible parent pilot project.

    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,

                               Ron Stollings,

                                 Chair.

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

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

    Your Committee on Transportation and Infrastructure has had under consideration

    House Concurrent Resolution No. 49, The "LTC Spencer J. Campbell Memorial Bridge".

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

                             Respectfully submitted,

                               Robert D. Beach,

                                 Chair.

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

    Your Committee on Transportation and Infrastructure has had under consideration

    House Concurrent Resolution No. 75, The "McCellan Highway and Jerry Lee Richards Memorial Highway".

    And has amended same.

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

                             Respectfully submitted,

                               Robert D. Beach,

                                 Chair.

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

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

    Eng. Com. Sub. for House Bill No. 3177, Permitting an owner who sells real property pursuant to a deed of trust to terminate a preexisting tenancy.

    Passed by the Senate in earlier proceedings today,

    The bill still being in the possession of the Senate,

    On motion of Senator Palumbo, the Senate reconsidered its action by which in earlier proceeding today it adopted the Judiciary committee amendment to the title of the bill (shown in the Senate Journal of today, pages 34 and 35).

    The vote thereon having been reconsidered,

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

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

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

    Eng. Com. Sub. for House Bill No. 3177--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §38-1-16, relating to the status and rights of parties under a preexisting tenancy and lease when residential rental property is sold by a trustee pursuant to a deed of trust; declaring the rights of new owner to terminate tenancy with notice; providing a right of existing tenant to terminate tenancy; creating minimum notice requirements; setting requirements for providing notice; declaring that the terms and conditions of certain preexisting leases survive the trustee sale; naming certain exceptions; and setting effective date.

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

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

    The Senate then proceeded to the twelfth order of business.

    Remarks were made by Senator Sypolt.

    Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Wednesday, March 7, 2012, at 11 a.m.

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