WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2014

FIFTY-NINTH DAY

____________

Charleston, W. Va., Friday, March 7, 2014

The Senate met at 11 a.m.

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

Prayer was offered by Pastor Bob McKinney, Retired United Methodist Clergy serving McDowell County, Welch, West Virginia.

Pending the reading of the Journal of Thursday, March 6, 2014,

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

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

The Senate then proceeded to the third order of business.

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

Eng. Com. Sub. for Senate Bill No. 387, Clarifying duly authorized officers have legal custody of their prisoners while in WV.

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

Eng. Senate Bill No. 394, Redesignating Health Sciences Scholarship Program as Health Sciences Service Program.

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

Eng. Senate Bill No. 456, Extending expiration date for health care provider tax on eligible acute care hospitals.

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

Eng. Senate Bill No. 558, Finding and declaring certain claims against state.

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. 600, Relating to municipal ordinance compliance regarding dwellings unfit for habitation and vacant buildings and properties.

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. 602, Requiring health care providers wear ID badges.

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

Com. Sub. for Senate Concurrent Resolution No. 15, Requesting DOH name bridge on Rt. 2, Cabell County, "U. S. Army PFC Homer 'Clyde' Farley and U. S. Army PFC Max O. Farley Memorial Bridge".

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

Com. Sub. for Senate Concurrent Resolution No. 17, Requesting DOH name bridge in Greenbrier County "U. S. Army Sgt. James Lee Holcomb Memorial Bridge".

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

Com. Sub. for Senate Concurrent Resolution No. 19, Requesting DOH name bridge in Lincoln County "U. S. Army Sergeant Paul Norman Chapman Memorial Bridge".

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

Senate Concurrent Resolution No. 20, Recognizing value and importance of state's innovation industry.

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

Senate Concurrent Resolution No. 21, Requesting DOH name bridge in Raleigh County "U. S. Army PFC Shelby Dean Stover Memorial Bridge".

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

Senate Concurrent Resolution No. 27, Urging President and Congress establish provisions to prevent and respond to chemical spills in state and national waters.

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

Com. Sub. for Senate Concurrent Resolution No. 44, Requesting DOH name bridge in Marion County "Sheriff Junior Slaughter Memorial Bridge".

A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the passage as amended, to take effect July 1, 2014, of

Eng. Com. Sub. for House Bill No. 4012, Relating to the Revised Uniform Law on Notarial Acts.

A message from The Clerk of the House of Delegates announced that that body had agreed to the changed effective date to take effect from passage, of

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

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, Sexual assault nurse examination network.

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 three 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 Kirkendoll, Cookman and Carmichael.

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 that that body had agreed to the changed effective date to take effect from passage, of

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

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, of

Eng. House Bill No. 4302, Relating to elections for public school purposes.

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, of

Eng. Com. Sub. for House Bill No. 4392, Regulating persons who perform work on heating, ventilating and cooling systems and fire dampers.

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

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

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

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

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. House Bill No. 4619, Authorizing innovation school districts.

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

Senators Wells, Beach and Jenkins.

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 passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of

Eng. House Bill No. 4621--A Bill expiring funds to the balance of the Department of Administration, Board of Risk and Insurance Management, Patient Injury Compensation Fund, fund 2371, fiscal year 2014, organization 0218, in the amount of $2,000,000 from the Department of Administration, Board of Risk and Insurance Management, Medical Liability Fund, fund 2368, fiscal year 2014, organization 0218 for the fiscal year ending June 30, 2014.

At the request of Senator Unger, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

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

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

The nays were: None.

Absent: None.

The bill was read a second time and ordered to third reading.

Having been engrossed, the bill (Eng. H. B. No. 4621) was then read a third time and put upon its passage.

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

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4621) passed with its title.

Senator Unger moved that the bill take effect from passage.

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

The nays were: None.

Absent: None.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4621) 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 Senate amendments to, and the adoption as amended, of

Com. Sub. for House Concurrent Resolution No. 36, Army Sergeant Billy E. Vinson Memorial Bridge.

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

Com. Sub. for House Concurrent Resolution No. 69, U.S. Army Corporal John L. Gibbs Memorial Bridge

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

Com. Sub. for House Concurrent Resolution No. 70, U. S. Army Sgt. Matthew D. Hunter Memorial Bridge.

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

Com. Sub. for House Concurrent Resolution No. 73, U.S. Army Captain David Van Camp Memorial Bridge.

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

House Concurrent Resolution No. 75, Army SPC 4 Marvin Dewayne Canterbury Memorial Highway.

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

Com. Sub. for House Concurrent Resolution No. 76, Army PFC Richard Lee Lakin Memorial Bridge.

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. 85--Requesting the Joint Committee on Government and Finance to schedule the October, 2014, Legislative Interim Committee meetings in Morgantown.

Referred to the Committee on Rules.

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

House Concurrent Resolution No. 90--Requesting the West Virginia Department of Education and the School Building Authority to build the needed and long overdue athletic facilities at Tug Valley High School.

Referred to the Committee on Education.

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. 94--Designating April 2 as West Virginia Autism Awareness Day.

Referred to the Committee on Government Organization.

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. 96--Requesting the Joint Committee on Government and Finance study policies ensuring that licensed athletic trainers are available during practices and games to all interscholastic student athletes in West Virginia.

Referred to the Committee on Education; and then to the Committee on Rules.

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

House Concurrent Resolution No. 100--Requesting the Joint Committee on Government and Finance study ways to improve the efficiency of and find other cost saving measures within the West Virginia Division of Highways to continue its ability to function at top levels in the face of demanding financial circumstances.

Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Rules.

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

House Concurrent Resolution No. 102--Urging the West Virginia Division of Natural Resources to continue indefinitely its regulatory policy of permitting only bow hunting during designated deer hunting seasons in Logan, McDowell, Mingo and Wyoming counties.

Referred to the Committee on Natural Resources.

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. 106--Requesting the Joint Committee on Government and Finance conduct a study concerning the potential implementation of a Deferred Retirement Option Plan for troopers and employees of the West Virginia State Police.

Referred to the Committee on Pensions; and then to the Committee on Rules.

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

House Concurrent Resolution No. 108--Requesting the Joint Committee on Government and Finance authorize a study on repealing unnecessary or obsolete boards, councils, committees, panels, task forces and commissions.

Referred to the Committee on Government Organization; and then to the Committee on Rules.

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

House Concurrent Resolution No. 109--Requesting the Joint Committee on Government and Finance authorize a study on the State Athletic Commission.

Referred to the Committee on Government Organization; and then to the Committee on Rules.

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

House Concurrent Resolution No. 117--Requesting the Joint Committee on Government and Finance authorize a study on continuing the Office of Emergency Medical Services as an independent office within the Department of Military Affairs and Public Safety.

Referred to the Committee on Government Organization; and then to the Committee on Rules.

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

House Concurrent Resolution No. 118--Requesting the Joint Committee on Government and Finance to study the allocation of behavioral health spending on community-based support services.

Referred to the Committee on Health and Human Resources; and then to the Committee on Rules.

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

House Concurrent Resolution No. 119--Requesting the Joint Committee on Government and Finance to study the authorization of cities and municipalities to provide a private-public financing option for small businesses and commercial property owners in West Virginia to improve energy efficiency and reduce business costs and examine solutions to barriers in energy efficiency upgrades.

Referred to the Committee on Government Organization; and then to the Committee on Rules.

The Senate proceeded to the fourth order of business.

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

Your Committee on Government Organization has had under consideration

House Concurrent Resolution No. 40, Designating "Take Me Home Country Roads" an official state song.

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

Respectfully submitted,

Herb Snyder,

Chair.

At the request of Senator Snyder, unanimous consent being granted, the resolution (H. C. R. No. 40) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration.

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

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

Thereafter, at the request of Senator Sypolt, and by unanimous consent, the remarks by Senator Cole regarding the adoption of House Concurrent Resolution No. 40 were ordered printed in the Appendix to the Journal.

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

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

Senators Stollings, Yost and D. Hall offered the following resolution:

Senate Concurrent Resolution No. 92--Requesting the Joint Committee on Government and Finance instruct the Joint Committee on Health to study the benefits and costs of direct reimbursement rates paid by the Bureau for Medical Services for mental health therapy services that have been provided by Master’s-prepared, independently licensed mental health therapists.

Whereas, Mental health therapy services offered for the prevention, early intervention and treatment of mental health, behavioral health, substance abuse and emotional conditions and disorders are an effective and recognized course of treatment; and

Whereas, It is anticipated that improved access to quality mental health therapy by Master’s-prepared, independently licensed mental health therapists can effectively address, reduce and eliminate many of the most pressing health, social and behavioral problems facing West Virginia; and

Whereas, There are a myriad of conditions and individuals relative to mental and behavioral health which will benefit from Master’s-prepared, independently licensed mental health therapists. These conditions and persons include post-traumatic stress and traumatic brain injury patients, family dysfunction and dissolution, children in the foster care system, juvenile delinquents, substance abuse, truancy, domestic violence and incarcerated individuals; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to instruct the Joint Committee on Health to study the benefits and costs of direct reimbursement rates paid by the Bureau for Medical Services for mental health therapy services that have been provided by Master’s-prepared, independently licensed mental health therapists; and, be it

Further Resolved, That the Joint Committee on Health report to the regular session of the Legislature, 2015, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

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

Which, under the rules, lies over one day.

Senators Stollings and Yost offered the following resolution:

Senate Concurrent Resolution No. 93--Requesting the Joint Committee on Government and Finance study the effects of using tanning beds and their relationship with cancer.

Whereas, The Centers for Disease Control states that the use of indoor tanning has been linked with skin cancers, including melanoma, squamous cell carcinoma and cancers of the eye; and

Whereas, The use of a tanning bed exposes users to both UVA and UVB rays, which damage the skin and may lead to cancer; and

Whereas, Using tanning beds also increases the risk of wrinkles and eye damage and changes skin texture; and

Whereas, Further study is requested to ensure that all who use tanning beds understand the risks when making the decision to tan; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the effects of using tanning beds and their relationship with cancer; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2015, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

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

Which, under the rules, lies over one day.

Senators Boley, Barnes, Blair, Carmichael, Cole, M. Hall, Jenkins, Nohe, Sypolt and Walters offered the following resolution:

Senate Concurrent Resolution No. 94--Requesting the Joint Committee on Government and Finance study the impact of the Common Core State Standards on public education in West Virginia.

Whereas, The West Virginia Legislature has made student achievement in West Virginia public schools a priority and devoted great time and resources to improving student achievement; and

Whereas, Educators throughout West Virginia have expressed concern about the potential impact of the Common Core State Standards on public education in West Virginia; and

Whereas, The West Virginia Legislature and educators throughout the State of West Virginia share the objective of developing and enacting sound educational policies that advance the shared goal of greater student achievement; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the impact of the Common Core State Standards on public education in West Virginia; and, be it

Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study the Common Core State Standards and the appropriate use of the Common Core State Standards by public schools in West Virginia; and, be it

Which, under the rules, lies over one day.

Senators Cann, Boley, Wells, Kessler (Mr. President), Plymale, Stollings, Jenkins and D. Hall offered the following resolution:

Senate Resolution No. 51--Recognizing the Louis A. Johnson VA Medical Center for its commitment to excellence in providing care to our veterans.

Whereas, The Louis A. Johnson VA Medical Center (LAJVAMC), named after Louis A. Johnson, Secretary of Defense for the Truman Administration, is located adjacent to the Veterans Memorial Park and the West Virginia State Nursing Facility in Clarksburg, West Virginia, and was initially dedicated on December 7, 1950, and enhanced with a clinical addition in 1989; and

Whereas, The LAJVAMC is a Level II complexity facility, serving a veteran population of approximately seventy thousand in North Central West Virginia and neighboring counties in Pennsylvania, Ohio and Maryland; and

Whereas, The LAJVAMC provides inpatient services such as acute medicine, surgery, acute psychiatry, Substance Abuse Residential Rehabilitation Treatment Program (SARRTP), PTSD Residential Rehabilitation Program (PRRP), Psychosocial Residential Rehabilitation Treatment Program (PRRTP) and nursing home care; and

Whereas, The LAJVAMC provides outpatient services such as ambulatory surgery, audiology, cardiology, dental, dermatology, diabetes, ENT, gastroenterology, general internal medicine, general surgery, gynecology, hematology/oncology, infectious disease, nephrology, nutrition, occupational therapy, ophthalmology, optometry, pain, physical therapy, podiatry, primary care, prosthetics, behavioral medicine (including substance abuse, telepsychiatry, PTSD, etc.) pulmonology, recreation therapy, rheumatology, social work, speech pathology, urology and vascular surgery; and

Whereas, The LAJVAMC hosts several Programs of Excellence which have received local, state and national recognition including the Community and Rural Healthcare Program, the Women’s Healthcare Program, the Tele-Health Program and the Homeless Commission on Accreditation of Rehabilitative Facilities; and

Whereas, From providing the most advanced medical care to providing valet parking upon arrival, the LAJVAMC provides an standard of care and an attention to detail that is unmatched by most; and

Whereas, The unparalleled dedication and commitment of the staff and management at the LAJVAMC, who strive everyday to give veterans the care and attention they have earned, is what makes this VA one of the best in the United States; therefore, be it

Resolved by the Senate:

That the Senate hereby recognizes the Louis A. Johnson VA Medical Center for its commitment to excellence in providing care to our veterans; and

Further Resolved, That the Senate acknowledges and appreciates the staff and management at the Louis A. Johnson VA Medical Center for their dedicated public service; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Louis A. Johnson VA Medical Center.

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

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

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

Senators Green, D. Hall, Wells, Kessler (Mr. President), Plymale, Stollings, Yost and Jenkins offered the following resolution:

Senate Resolution No. 52--Memorializing the life of Jeffrey S. Taylor, a native of Midway, West Virginia, who gave his life in defense of his country.

Whereas, Jeffrey S. Taylor spent his first eighteen years in Midway, West Virginia, where he graduated from Independence High School in Coal City; and

Whereas, Jeffrey S. Taylor enlisted in the U. S. Navy on June 20, 1994, and completed basic training in Great Lakes, Illinois, in August, 1994. He was also a graduate of Field Medical Service School in Camp Lejeune, North Carolina, and became a Navy SEAL following Underwater Demolition/SEAL Training in Coronado, California; and

Whereas, Jeffrey S. Taylor was also a Basic Airborne and Military Freefall Parachute School graduate, and in addition to SEAL Team Ten, his previous duty stations include the Navy Medical Center, Portsmouth, the 2nd Marine Division, Camp Lejeune, North Carolina, SEAL Team Eight and USS Theodore Roosevelt (CVN 71); and

Whereas, Sadly, Hospital Corpsman First Class Jeffrey S. Taylor died June 28, 2005, while conducting combat operations in Afghanistan. He was killed when the MH-47 Chinook helicopter he was aboard crashed into the rugged mountains of eastern Afghanistan. The helicopter was en route to provide support to troops on the ground when it was shot down by enemy forces. He was assigned to SEAL Team Ten, Virginia Beach; and

Whereas, Hospital Corpsman First Class Jeffrey S. Taylor’s military awards include the Bronze Star with Combat “V” for Valor, Purple Heart, Navy Commendation Medal with Combat “V” for Valor, Navy and Marine Corps Achievement Medal, Combat Action Ribbon, Afghanistan Campaign Medal, posthumously, Presidential Unit Citation, Navy Unit Commendation (2), Meritorious Unit Commendation, Navy “E” Ribbon, Good Conduct Ribbon (4), Navy Fleet Marine Force Medal, Armed Forces Expeditionary Medal, National Defense Service Medal (2), Global War on Terrorism Service Medal and Sea Service Deployment Ribbon (3) as well as numerous other personal and command awards; and

Whereas, Hospital Corpsman First Class Jeffrey S. Taylor left behind a host of family and friends to cherish his memory, including his wife Erin (Banghart) Taylor of Virginia Beach; his mother, Gail Bowman of Beckley, West Virginia; brother, Brandon Eston Cox of Wichita; his stepfather, Jim Bowman; four stepbrothers, James Gregory Bowman, Jay Patrick Bowman, Kelly Dale Bowman and Carl Dayton Bowman, all of Beckley; his father, John Taylor, stepmother, Cheryl Gwinn Taylor, and his half-brothers, Justin Alex Taylor and Josh David Taylor, all of Rainelle, West Virginia; his maternal grandmother, Manda Elizabeth Birchfield; and a paternal grandmother, Lucille Taylor Smith; and

Whereas, It is fitting that today we honor the life of Hospital Corpsman First Class Jeffrey S. Taylor, who made the ultimate sacrifice for his country; therefore, be it

Resolved by the Senate:

That the Senate hereby memorializes the life of Jeffrey S. Taylor, a native of Midway, West Virginia, who gave his life in defense of his country; and, be it

Further Resolved, That the Senate expresses its most sincere condolences to the family of Hospital Corpsman First Class Jeffrey S. Taylor; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the family of Hospital Corpsman First Class Jeffrey S. Taylor.

Which, under the rules, lies over one day.

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

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

Your Committee on Health and Human Resources has had under consideration

Senate Concurrent Resolution No. 95 (originating in the Committee on Health and Human Resources)--Requesting the Legislative Oversight Commission on Health and Human Resources Accountability to study the necessity and improvement of long-term care planning in West Virginia.

Whereas, The baby boomer generation is coming of age to retire and it is important to examine the entire spectrum of long term care which both addresses the current and future plans of West Virginia to care for our senior citizens; and

Whereas, West Virginia seemingly has no long-range plan to deal with this wave of retiring and aging citizens; and

Whereas, The “baby boomer tsunami” is a reality. According to the U. S. Census Bureau, there are more than seventy-seven million boomers in the United States and by 2030, this demographic (born between 1946 and 1964) will represent an estimated twenty percent of the population. This means more than ten thousand baby boomers will turn sixty-five every day for the next sixteen years; and

Whereas, West Virginia’s senior population presents an even greater challenge since West Virginia is second only to Florida in the average age of its population; and

Whereas, This is not only a statewide issue. There are seniors who are awaiting services in certain geographic areas where the availability of services differs simply due to location; and

Whereas, Services provided by county aging programs and their delivery areas are limited by the funding available to meet the needs of the retiring population; and

Whereas, There is a severe need for more resources and placement options for West Virginia’s aging population. Some states have Medicaid paid group homes and/or assisted living facilities that West Virginia does not have. There would be a need for specialized adult family care providers, who would specialize in working with often difficult elderly consumers, which West Virginia cannot currently meet; and

Whereas, Our existing infrastructure is already stretched beyond capacity and an aging population is only going to continue to overload an already overburdened system; and

Whereas, West Virginia needs to explore options and develop a long and short-range plan to address the needs of our aging population by addressing such areas as: Continuum of long-term care service strategies, exploration of strategies being employed by other states, technical assistance from the Center for Medicare and Medicaid Services and other Federal agencies, payment formula and fiscal analysis which impact of aging population, provider availability by region and workforce availability by region; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislative Oversight Commission on Health and Human Resources Accountability is hereby requested to study the necessity and improvement of long-term care planning in West Virginia; and, be it

Further Resolved, That the Legislative Oversight Commission on Health and Human Resources Accountability report to the regular session of the Legislature, 2015, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

And,

Senate Concurrent Resolution No. 96 (originating in the Committee on Health and Human Resources)--Requesting the Joint Committee on Health to conduct a study on the cost of emergency transportation and billing practices of air-ambulance companies operating in West Virginia.

Whereas, Families are occasionally faced with the difficult decision of having to hire an air ambulance to transport their loved ones in cases of severe and immediate medical emergencies; and

Whereas, The emotional toll of dealing with a family member whose medical condition is so intense and extreme can cause people to lose sight of anything except caring for their loved one; and

Whereas, In situations where a need arises that requires a loved one to be transported via helicopter to a health care facility where they can receive needed and often life-saving medical attention, the cost of the transport is not the first consideration when making arrangements for the transport; and

Whereas, Air-transportation vendors who are not participants in an insured plan but who transport a plan member or plan member’s family member often submit requests for payment well beyond what is felt to be reasonable and necessary; and

Whereas, These bills present a burden to families who, upon receipt, attempt to make arrangements to negotiate the rate but find that once the service has been rendered that the air-transportation company is reluctant to negotiate a reduction in the charge; and

Whereas, Striking a balance between a reimbursement rate that families can afford to pay and a reasonable fee for service that provides air-transportation operators a respectable profit is a difficult endeavor; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Health is hereby requested to conduct a study on the cost of emergency transportation and billing practices of air-ambulance companies operating in West Virginia; 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.

Respectfully submitted,

Ron Stollings,

Chair.

At the request of Senator Stollings, unanimous consent being granted, the resolutions (S. C. R. Nos. 95 and 96) contained in the preceding report from the Committee on Health and Human Resources were taken up for immediate consideration.

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

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

Your Committee on Education has had under consideration

Senate Concurrent Resolution No. 97 (originating in the Committee on Education)--Requesting the Joint Committee on Government and Finance study the governance of the West Virginia Secondary School Activities Commission.

Whereas, The West Virginia Secondary School Activities Commission is incorporated, with the consent of the State Board of Education, as a nonprofit, nonstock corporation; and

Whereas, The West Virginia Secondary School Activities Commission is composed of the principals, or their representatives, of those secondary schools whose county boards of education have certified in writing to the State Superintendent of Schools that they have elected to delegate the control, supervision and regulation of their interscholastic athletic events and band activities of the students in the public secondary schools in their respective counties to the commission; and

Whereas, The West Virginia Secondary School Activities Commission was in existence for fifty-one years before the enactment of West Virginia Code §18-2-25, which allows the county boards of education to delegate the control, supervision and regulation of interscholastic athletic events and band activities to the West Virginia Secondary School Activities Commission; and

Whereas, West Virginia Code §18-2-25 has not been amended since 1967; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the governance of the West Virginia Secondary School Activities Commission; and, be it

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

Respectfully submitted,

Robert H. Plymale,

Chair.

At the request of Senator Plymale, unanimous consent being granted, the resolution (S. C. R. No. 97) contained in the preceding report from the Committee on Education was taken up for immediate consideration.

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

The Senate proceeded to the seventh order of business.

Senate Concurrent Resolution No. 85, Requesting Joint Legislative Oversight Commission on State Water Resources study water infrastructure.

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.

Senate Concurrent Resolution No. 86, Requesting School Building Authority waive matching requirements and fund needed improvements for School for Deaf and Blind.

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

Senate Concurrent Resolution No. 87, Requesting Joint Committee on Government and Finance study behavioral health spending on community-based support services.

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

Senate Resolution No. 43, Memorializing life and public service of James Howard "Buck" Harless.

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

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

Thereafter, at the request of Senator Miller, and by unanimous consent, the remarks by Senators Chafin, Plymale, McCabe and Kirkendoll regarding the adoption of Senate Resolution No. 43 were ordered printed in the Appendix to the Journal.

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

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

Com. Sub. for House Concurrent Resolution No. 17, The "Captain Isaac Alt West Virginia Militia Memorial Bridge".

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

The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:

On page two, in the Resolved clause, by striking out the words “Captain Isaac Alt West Virginia Militia” and inserting in lieu thereof the words “West Virginia Militia Captain Isaac Alt”;

On page two, in the first Further Resolved clause, by striking out the words “Captain Isaac Alt West Virginia Militia” and inserting in lieu thereof the words “West Virginia Militia Captain Isaac Alt”;

And,

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

Com. Sub. for House Concurrent Resolution No. 17--Requesting the Division of Highways to name the bridge locally known as the North Mill Creek Bridge on Route 220, Pendleton County, bridge number 36-220-32.32 (36A166), as the “West Virginia Militia Captain Isaac Alt Memorial Bridge”.

The question being on the adoption of the resolution (Com. Sub. for H. C. R. No. 17), as amended, the same was put and prevailed.

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

Com. Sub. for House Concurrent Resolution No. 28, William S Croaff Memorial Bridge.

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

The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:

On page two, in the Resolved clause, before the word “William” by inserting the words “U. S. Army PFC”;

On page two, in the first Further Resolved clause, before the word “William” by inserting the words “U. S. Army PFC”;

And,

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

Com. Sub. for House Concurrent Resolution No. 28--Requesting the Division of Highways to name bridge number 30-49-0.01 (30A056) on Route 49 in Mingo County, the "U. S. Army PFC William S. (Bill) Croaff Memorial Bridge".

The question being on the adoption of the resolution (Com. Sub. for H. C. R. No. 29), as amended, the same was put and prevailed.

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

Com. Sub. for House Concurrent Resolution No. 34, Marine Private Rudy Varney Bridge, Purple Heart Recipient.

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

The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:

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

Whereas, USMC Private Varney served as a Marine in the Vietnam War, receiving a Purple Heart for wounds sustained on April 14, 1968, in the Battle of Khe Sahn; and

Whereas, USMC Private Varney returned to America after the Vietnam War and dedicated his life to serving veterans from Southern West Virginia, establishing and assuming roles of leadership in numerous programs to include the Commander of the local chapter of the Vietnam Veterans of America for over twenty years and has served in leadership positions on numerous other veterans organizations as well; and

Whereas, USMC Private Varney was assigned to the Governor’s Council for Veterans Issues across West Virginia; and

Whereas, USMC Private Varney served as a Veterans driver for years transporting countless veterans to and from appointments at the Veterans Administration Hospitals across the state to ensure all veteran issues were addressed; and

Whereas, USMC Private Varney is solely responsible for the survival and success of the Henlawson Veterans Center, working to establish programs and opportunities that have assisted countless veterans over the past three decades; and

Whereas, USMC Private Varney has served on numerous veteran boards, committees and panels established by past governors, elected officials and key veteran leaders to address veterans issues such as homelessness and the creation of veteran graveyards across Southern West Virginia; and

Whereas, USMC Private Varney has worked closely with the Logan Empowerment, Action and Development Community Organization on events such as Operation Santa and Operation Clean Sweep and the Homeless Count to assist those in need, set an example for others to follow and made Logan a better place to live; and

Whereas, It is fitting that an enduring testament be established to recognize this native son who has so ably served his state and his country; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 23-10-22.06 (23A040) on Route 10 in Logan County, West Virginia, the “USMC Private Rudy Varney Bridge”; and, be it

Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “USMC Private Rudy Varney Bridge”; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and Rudy Varney.;

And,

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

Com. Sub. for House Concurrent Resolution No. 34--Requesting that bridge number 23-10-22.06 (23A040) on Route 10 in Logan County, West Virginia, be named the “USMC Private Rudy Varney Bridge".

The question being on the adoption of the resolution (Com. Sub. for H. C. R. No. 34), as amended, the same was put and prevailed.

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

House Concurrent Resolution No. 49, Army PFC Lilborn Dillon Memorial Road.

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

The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:

On page two, in the Resolved clause, before the word “Army” by inserting “U. S.”;

On page two, in the first Further Resolved clause, before the word “Army” by inserting “U. S.”;

And,

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

House Concurrent Resolution No. 49--Requesting that the 0.2 mile of roadway beginning at the Crawley Creek exit off Route 119/27 at Chapmanville in Logan County, West Virginia, and ending at Route 3 be named the “U. S. Army PFC Lilborn Dillon Memorial Road”.

The question being on the adoption of the resolution (H. C. R. No. 49), as amended, the same was put and prevailed.

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

Com. Sub. for House Concurrent Resolution No. 52, Kennenth A. Chapman Sr. Memorial Bridge.

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

The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:

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

Whereas, Kenneth A. Chapman was born September 17, 1956, a son of the late Clarence and Pearl Chapman; and

Whereas, Kenneth A. Chapman was raised on Maple Fork Road in Raleigh County along with his ten brothers and two sisters; and

Whereas, Kenneth A. Chapman was a third generation coal miner who followed his father and grandfather into the mines; and

Whereas, Kenneth A. Chapman was tragically killed on April 5, 2010, along with 28 other miners in the Upper Big Branch mine explosion; and

Whereas, Kenneth A. Chapman was a devoted family man who always had a smile on his face, and who enjoyed hunting, fishing and working in his garden; and

Whereas, Kenneth A. Chapman was preceded in death by three brothers, Billy, Robert, and Clarence Chapman, and two sisters-in-law, Carol Chapman and Joyce Chapman; and those left to cherish his loving memory include his wife, Laura Chapman; children by his first marriage, Donna Griffith and husband, Matthew, Vicky Williams and husband, Richard, Kenny Chapman, Jr. and wife, Deniese; a son by his second marriage, Michael Austin Chapman; his other children, Jason McMillion, Carol Massey, and Jubal McMillion and wife, Sarah; brothers and sisters, Charles Chapman and wife, Grace, Glen Chapman and wife, Judy, Dennis Chapman and wife, Gaye, Henry Chapman and wife, Theresia, Larry Chapman and wife, Betty, Linda Frye and husband, Ronnie, Breanda Bailey and husband, Glenn, Jimmy Chapman and wife, Brenda, Ronnie Chapman and wife, Lisa; and numerous grandchildren, nieces, nephews and extended family; and

Whereas, Kenneth A. Chapman not only loved his family, he loved his job because it was in his blood and he felt like he was making a contribution to "help keep the lights on" for all of us; and

Whereas, It is only fitting that we name this bridge on Maple Fork Road to honor Kenneth A. Chapman, where he lived all his life and is now buried; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 41-1-24.51 (41A009) on Maple Fork Road where it connects with Cirtsville Road in Raleigh County, the “Kenneth A. Chapman Memorial Bridge”; and, be it

Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “Kenneth A. Chapman Memorial Bridge”; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and to Kenneth A. Chapman's sister, Breanda Chapman Bailey, and family.;

And

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

Com. Sub. for House Concurrent Resolution No. 52--Requesting the Division of Highways to name bridge number 41-1-24.51 (41A009) on Maple Fork Road where it connects with Cirtsville Road in Raleigh County, the "Kenneth A. Chapman Memorial Bridge".

The question being on the adoption of the resolution (Com. Sub. for H. C. R. No. 52), as amended, the same was put and prevailed.

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

House Concurrent Resolution No. 59, Urging the Governor to direct the Bureau of Senior Services to issue a report on the needs for in-home care.

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

The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:

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

Whereas, The rate of disability in West Virginia is the highest in the country; and

Whereas, Almost all older adults and people with disabilities who need assistance with activities of daily living want to remain in their homes and communities; and

Whereas, Providing services and supports to both people with disabilities and people who are aging in their homes and communities is generally much less expensive than nursing home care; and

Whereas, The population of older adults and people with disabilities in West Virginia is over 800,000 and is expected to continue to increase and is projected to increase; and

Whereas, The increasing population of older adults and people with disabilities will demand the availability of more services and supports to enable people to remain in their own homes and communities; and

Whereas, To successfully address the surging population of older adults and people with disabilities who have significant needs for long-term services and supports, the state must develop methods to encourage and support families to assist their disabled relatives and develop ways to recruit and retain a qualified, responsive in-home care workforce; and

Whereas, A comprehensive approach to policy in this area is an urgent need, and must be built on effective partnerships and coordinated to achieve the greatest impact from available resources; and

Whereas, The existing system is over forty years old and cannot be sustained without creative new approaches and solutions to the expanding needs with consideration of limited resources and existing programs; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to conduct a study of the future needs of people with disabilities; and, be it

Further Resolved, That the Joint Committee on Government and Finance shall report to the regular session of the Legislature, 2015, on its findings, conclusions and recommendations together with drafts of any proposed legislation necessary to effectuate such recommendations; and, be it

And,

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

House Concurrent Resolution No. 59--Requesting the Joint Committee on Government and Finance study eldercare and disability care to better meet the needs of West Virginians of all backgrounds.

The question being on the adoption of the resolution (H. C. R. No. 59), as amended, the same was put and prevailed.

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

Com. Sub. for House Concurrent Resolution No. 60, Lester W. 'Cappy' Burnside, Jr. Bridge.

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

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

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

Whereas, Lester W. "Cappy" Burnside, Jr. was born in Clarksburg in January 1934; his parents were the late Lester W. Burnside and Louise Nowery Burnside. He graduated from Greenbrier Military School, Lewisburg, and West Virginia University; and

Whereas, Lester W. "Cappy" Burnside, Jr. served in the U. S. Army and retired as a Captain in the U. S. Army Reserve; and

Whereas, In January 1990, Senator Robert C. Byrd announced that the FBI Identification Division would relocate to West Virginia, in order to implement the Automated Fingerprint Identification System (AFIS), a new computer system to identify fingerprints in a matter of minutes. Just as Cappy Burnside was taking office as President of Harrison 2000, a new economic development initiative, the organization learned that FBI teams would be looking in several counties for a possible site for the facility; and

Whereas, Cappy Burnside then promptly organized an FBI property committee, began discussions with property owners, evaluated utility extensions to each potential site in Harrison County and established personal relationships with FBI officials. Each of these efforts contributed to the final chemistry for a successful project. By late June, FBI officials asked Harrison 2000 to option 1000 acres adjacent to I-79 by August 1 of that year; and

Whereas, For a year and a half, Cappy Burnside put aside many of his duties with his business and most of his time for leisure with his family to concentrate on securing the FBI project for Harrison County. He worked arduously and meticulously during this time to accomplish numerous FBI requirements; and

Whereas, Twenty years after these events, Route 279 (Jerry Dove Exit 124), has opened an entire area for development resulting in Charles Pointe, White Oaks, and United Hospital Center and further economic development and well-being of Harrison County; and

Whereas, Cappy Burnside has participated in many community groups including: Association of Industrial Development: Board of Directors; Clarksburg Industrial Development Corporation: President, 1989-1990; Boy Scouts of America, Central West Virginia Council: Board of Directors; North Bend Rails to Trails Foundation: Advisory Board; American Society of Highway Engineers, Central West Virginia Chapter: President, 1989; Mon Valley Tri-State Network; Clarksburg Planning and Zoning Commission: Member; Salvation Army Advisory Board; Clarksburg Kiwanis Club: President 1969-1970. Until 2006, he was a board member of the Friends of West Virginia Public Radio, having also served as chair in 1995 and then as treasurer; and

Whereas, He was president and treasurer of Consolidated Supply Company until he closed the business in 1992 and, in recent years, he was a consultant to building supply firms specializing in materials for highways and bridges; and

Whereas, Naming a bridge on Route 279 for Cappy Burnside is an appropriate recognition of his contributions to the economic development and well-being of Harrison County; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name the bridge on Route 279 between the FBI CJIS Division and Route 50 crossing Interstate 79, bridge number 17-279-1.66 (17A314), in Harrison County (Jerry Dove Exit 124), the "Lester W. “Cappy” Burnside, Jr. Bridge"; and, be it

Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Lester W. “Cappy” Burnside, Jr. Bridge"; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and Lester W. “Cappy” Burnside, Jr. and his family.

The question being on the adoption of the resolution (Com. Sub. for H. C. R. No. 60), as amended, the same was put and prevailed.

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

Com. Sub. for House Concurrent Resolution No. 64, SSG Earl F Brown Memorial Bridge.

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

The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:

On page two, in the Resolved clause, line eleven, by striking out the words “SSG Earl F. (Fred) Brown” and inserting in lieu thereof the words “U. S. Army SSG Earl F. “Fred” Brown”;

On page two, in the first Further Resolved clause, line fifteen, by striking out the words “SSG Earl F. (Fred) Brown” and inserting in lieu thereof the words “U. S. Army SSG Earl F. “Fred” Brown”;

And,

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

Com. Sub. for House Concurrent Resolution No. 64--Requesting that bridge number 21-33-22.22 near the Weston exit off I-79, and 0.09 miles west of the junction of county 119/21, locally known as Sauls Run W-Beam Bridge, crossing over Stonecoal Creek, Bars numbers 21A094 and 21A153, in Lewis County, West Virginia, be named the “U. S. Army SSG Earl F. “Fred” Brown Memorial Bridge”.

The question being on the adoption of the resolution (Com. Sub. for H. C. R. No. 64), as amended, the same was put and prevailed.

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

Com. Sub. for House Concurrent Resolution No. 65, Army SP4 Harold "Skip" Grouser Memorial Bridge.

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

The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:

On page one, in the fifth Whereas clause, by striking out the word “unknowingly”;

On page two, in the Resolved clause, before the word “Army” by inserting “U. S.”;

On page two, in the first Further Resolved clause, before the word “Army” by inserting “U. S.”;

And,

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

Com. Sub. for House Concurrent Resolution No. 65--Requesting that bridge number 40-25/2-0.13 (40A153) on 40th Street and near 2nd Avenue in Nitro, Putnam County, West Virginia, the "U. S. Army SP4 Harold "Skip" Grouser Memorial Bridge".

The question being on the adoption of the resolution (Com. Sub. for H. C. R. No. 65), as amended, the same was put and prevailed.

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

Com. Sub. for House Concurrent Resolution No. 66, Quentin H. Wickline Memorial Bridge.

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

The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:

On page one, in the fifth Whereas, by striking out “Pt.” and inserting in lieu thereof the word “Point”;

On page two, in the sixth Whereas, by striking out “Pt.” and inserting in lieu thereof the word “Point”;

On page two, in the Resolved clause, by striking out “Pt.” and inserting in lieu thereof the word “Point”;

And,

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

Com. Sub. for House Concurrent Resolution No. 66--Requesting that the Division of Highways name bridge number 27-15-6.53 (27A024), currently known as Old Town Bridge on County Route 15 (Sandhill Rd.) near Point Pleasant, Mason County, West Virginia the "Quentin H. Wickline Memorial Bridge".

The question being on the adoption of the resolution (Com. Sub. for H. C. R. No. 66), as amended, the same was put and prevailed.

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

Com. Sub. for House Concurrent Resolution No. 71, Army Private William C. Bias Memorial Bridge.

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

The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:

On page two, in the second Further Resolved clause, by striking out the words “1880 Tuscarona Road, Niagara Fall, NY 14304” and inserting in lieu thereof the words “Niagara Falls, NY”;

And,

On page two, in the second Further Resolved clause, by striking out the words “701 Garvin Avenue, Apartment 305”.

The question being on the adoption of the resolution (Com. Sub. for H. C. R. No. 71), as amended, the same was put and prevailed.

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

House Concurrent Resolution No. 105, Urging Congress to pass the Safe Freight Act.

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

The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:

On page two, in the fifth Whereas clause, by striking out the word “individual” and inserting in lieu thereof the word “individuals”;

On page two, in the Resolved clause, after the word “have” by inserting the words “a crew of”;

And,

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

Com. Sub. for House Concurrent Resolution No. 105--Urging Congress to pass the Safe Freight Act as contained in H. R. 3040 providing that a freight train or light engine used in connection with the movement of freight have a crew of at least two individuals, one of whom is certified as a locomotive engineer and the other who is certified as a conductor.

The question being on the adoption of the resolution (H. C. R. No. 105), as amended, the same was put and prevailed.

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

The Senate proceeded to the eighth order of business.

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

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

On motion of Senator Palumbo, the Senate reconsidered the vote by which on yesterday, Thursday, March 6, 2014, it adopted Senator Palumbo's amendment to the resolution (shown in the Senate Journal of that day, pages 204 and 205).

The vote thereon having been reconsidered,

The question again being on the adoption of Senator Palumbo's amendment to the bill.

On motion of Senator Palumbo, the following amendment to Senator Palumbo's amendment to the resolution was reported by the Clerk and adopted:

On page two, in the Resolved further clause, by striking out the words "leased or".

The question being on the adoption of Senator Palumbo’s amendment to the resolution, as amended, the same was put and prevailed.

Having been engrossed, the resolution (Eng. H. J. R. No. 108), as amended, was then read a third time and put upon its adoption.

On the adoption of the resolution, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--32.

The nays were: D. Hall--1.

Absent: Green--1.

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

Eng. House Joint Resolution No. 108--Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof, by adding thereto a new section, designated section twelve, relating to exempting certain nonprofit youth organizations which have facilities within this state which cost in excess of $100,000,000 from ad valorem property taxation on property owned by the organization whether or not said property is leased or used to support the organization; conditioning tax exemption on enactment of legislation to which shall include protecting interests of entities in the region where the facility is located; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the resolution (Eng. H. J. R. No. 108) adopted, as follows:

Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:

That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in the year 2014, which proposed amendment is that article X thereof be amended by adding thereto a new section, designated section twelve, to read as follows:

ARTICLE X. TAXATION AND FINANCE.

§12. Nonprofit youth organization revenue exemption.

Notwithstanding any provision of this Constitution to the contrary, real property in this state which is owned by a non-profit organization that has as its primary purpose the development of youth through adventure, educational or recreational activities for young people and others, which property contains facilities built at a cost of not less than $100,000,000 and which property is capable of supporting additional activities within the region and the State of West Virginia is exempt from ad valorem property taxation whether or not such property is used for the nonprofit organization’s primary purpose or to generate revenue for the benefit of the non-profit organization subject to any requirements, limitations and conditions as may be prescribed by general law: Provided, That the tax exemption authorized by the provisions of this section shall not become effective until the Legislature adopts enabling legislation authorizing the exemption’s implementation and concurrently prescribing requirements, limitations and conditions for the use of the tax exempt facility that protect local and regionally located businesses from use of the tax exempt facility in a manner that causes unfair competition and unreasonable loss of revenue to those businesses.

Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such proposed amendment is hereby numbered “Amendment No. 1” and designated as the “Nonprofit Youth Organization Tax Exemption Support Amendment” and the purpose of the proposed amendment is summarized as follows: “To amend the State Constitution to exempt certain nonprofit youth organizations from ad valorem property taxation on property owned by the organization which is used to support the organization.” This tax exemption does not take effect until the Legislature enacts laws that protect local and regional businesses from unfair competition and unreasonable loss of revenue from business competition by the facility utilizing this tax exemption.

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. 2803, Requiring electric utilities to implement integrated resource plans.

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

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

The nays were: None.

Absent: Green--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2803) 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. 3108, Relating to criminal background checks on applicants for employment by nursing homes.

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

The nays were: None.

Absent: Green--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 3108) 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. 3108--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5C-21, relating to prohibiting employment by a nursing home of a person convicted of certain crimes unless a variance has been granted by the secretary; and authorizing the Secretary of the Department of Health and Human Resources to propose legislative rules.

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. 4005, Relating to criminal offenses for child neglect.

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

The nays were: None.

Absent: Green--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4005) 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. 4005--A Bill to amend and reenact §61-8D-1, §61-8D-3, §61-8D-4 and §61-8D-9 of the Code of West Virginia, 1931, as amended, relating to offenses of child abuse and neglect by a parent, guardian or custodian; defining terms and creating exceptions to terms; creating a criminal offense for child abuse by a parent, guardian or custodian which creates a substantial risk of bodily injury; establishing misdemeanor penalties for a first and second offense; providing that those convicted of a first or second offense may be required to undergo certain counseling; making a conviction of a third or subsequent offense a felony and establishing criminal penalties; stating that reasonable discipline of a child is not precluded by the child abuse crimes; making it a felony for a parent, guardian or custodian to grossly neglect a child which creates substantial risk of serious bodily injury or death; creating a criminal offense of child neglect by a parent, guardian or custodian which creates a substantial risk of bodily injury with misdemeanor penalties for first and second offenses and felony penalties for third and subsequent offenses; providing that a parent, guardian or custodian convicted of a misdemeanor is not required to register as a person convicted of child abuse or neglect or suffer other potential collateral consequences; permitting a person convicted of a misdemeanor to also be required to complete certain counseling; providing that a parent, guardian or custodian convicted of a misdemeanor is not required to register as a person convicted of child abuse or neglect and may not, solely because of the conviction, have their custody, visitation or parental rights automatically restricted; and requiring the court to declare a person an abusing parent under article six, chapter forty-nine of this code if they are convicted of a felony offense under this article.

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

Eng. House Bill No. 4006, Relating to the possession and distribution of child pornography.

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

The nays were: None.

Absent: Green--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4006) 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. 4006--A Bill to amend and reenact §61-8C-3 of the Code of West Virginia, 1931, as amended, relating to crimes pertaining to the possession, transmission, transportation, distribution and exhibiting of material depicting minors in sexually explicit conduct; adding the accessing of such materials with intent to view as a defined offense; creating an enhanced penalties for possessing, accessing with intent to view, transporting, receiving or distributing files or materials based on the number of images in a digital, photographic or video format which depict minors engaging in sexually explicit conduct or depict acts of bestiality involving a child; and setting a number of images based on length for video film or similar media.

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. 4039, Authorizing miscellaneous boards and agencies 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, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, D. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--31.

The nays were: Blair and M. Hall--2.

Absent: Green--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4039) passed with its title.

Senator Unger moved that the bill take effect from passage.

On this question, the yeas were: Barnes, Beach, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, D. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--31.

The nays were: Blair and M. Hall--2.

Absent: Green--1.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4039) 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. 4135, Designating the first Thursday in May the West Virginia Day of Prayer.

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

The nays were: None.

Absent: Green--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4135) 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. 4147, Relating to emergency preparedness.

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

The nays were: None.

Absent: Green--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4147) 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. 4147--A Bill to amend and reenact §15-5-1 and §15-5-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §46A-6J-1, §46A-6J-2, §46A-6J-3 and §46A-6J-4 of said code, all relating to emergency preparedness; revising the policy statement for the Division of Homeland Security and Emergency Management; authorizing the Governor or the Legislature to declare a state of preparedness; limiting a state of preparedness to thirty days; identifying conditions that permit a declaration of a state of preparedness; adding the term “state of preparedness” to where “state of emergency” is referred throughout the code; providing that a state of preparedness has the same effect as a state of emergency for the purposes of the Emergency Management Assistance Compact and the Statewide Mutual Aid System; revising the definition of “state of emergency” in the West Virginia Consumer Protection Act; defining “state of preparedness” and “large-scale threat” in the West Virginia Consumer Protection Act; requiring the Governor to specifically list items or services subject to unfair pricing provisions in a proclamation declaring a state of preparedness; requiring notification of a state of preparedness by the Secretary of State; and making other technical and stylistic revisions.

Senator Unger moved that the bill take effect from passage.

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

The nays were: None.

Absent: Green--1.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4147) 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. 4149, Allowing members of the Board of Public Works to be represented by designees and to vote by proxy.

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, Cann, Chafin, Cookman, Edgell, Facemire, Fitzsimmons, D. Hall, Kirkendoll, Laird, McCabe, Miller, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Yost and Kessler (Mr. President)--23.

The nays were: Barnes, Blair, Boley, Carmichael, Cole, M. Hall, Jenkins, Nohe, Sypolt and Walters--10.

Absent: Green--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4149) passed.

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

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

Eng. Com. Sub. for House Bill No. 4156, Electronic Toll Collection Act.

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

On the passage of the bill, the yeas were: Beach, Cann, Carmichael, Cookman, Edgell, Facemire, Fitzsimmons, D. Hall, Kirkendoll, Laird, McCabe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Yost and Kessler (Mr. President)--22.

The nays were: Barnes, Blair, Boley, Chafin, Cole, M. Hall, Jenkins, Miller, Nohe, Sypolt and Walters--11.

Absent: Green--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4156) passed with its title.

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. 4183, Supplementing, amending, decreasing, and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation, Division of Highways.

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

The nays were: None.

Absent: Green--1.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4183) passed with its title.

Senator Unger moved that the bill take effect from passage.

The nays were: None.

Absent: Green--1.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4183) takes effect from passage.

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

Eng. Com. Sub. for House Bill No. 4196, Requiring the Workforce Investment Council to provide information and guidance to local workforce investment boards that would enable them to better educate both women and men about higher paying jobs.

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

The nays were: None.

Absent: Green--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4196) 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. 4208, Banning synthetic hallucinogens.

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

The nays were: None.

Absent: Green--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4208) passed.

At the request of Senator Stollings, as chair of the Committee on Health and Human Resources, and by unanimous consent, the unreported Health and Human Resources committee amendment to the title of the bill was withdrawn.

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

Eng. Com. Sub. for House Bill No. 4208--A Bill to amend and reenact §60A-1-101 of the Code of West Virginia, 1931, as amended; to amend and reenact §60A-2-204; §60A-2-206, §60A-2-208, §60A-2-210 and §60A-2-212 of said code; and to amend and reenact §60A-3-308 of said code, all relating generally to controlled substances; modifying the lists of scheduled controlled drugs; making all substances containing dihydrocodeinone schedule II controlled substances; making tramadol hydrochloride a schedule IV controlled substance; adding certain synthetic drugs to the list of scheduled controlled substances; modifying and including definitions; and modifying manner in which buprenorphine and naloxone may be prescribed.

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. 4217, Relating to Medicaid reports to the Legislature.

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

On motion of Senator Stollings, the Senate reconsidered the vote by which on yesterday, Thursday, March 6, 2014, it adopted the Health and Human Resources committee amendment to the bill, as amended (shown in the Senate Journal of that day, pages 115 to 120, inclusive).

The vote thereon having been reconsidered,

The question again being on the adoption of the Health and Human Resources committee amendment to the bill, as amended.

On motion of Senator Stollings, the following amendments to the Health and Human Resources committee amendment to the bill, as amended, were reported by the Clerk, considered simultaneously, and adopted:

On page four, section twenty-three, subsection (b), by striking out the word “related” and inserting in lieu thereof the word “formal”;

On page four, section twenty-three, subsection (b), by striking out the word “twenty-four” and inserting in lieu thereof the word “seventy-two”;

And,

On page four, section twenty-three, subsection (c), by striking out the word “twenty-four” and inserting in lieu thereof the word “seventy-two”.

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

Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 4217), as amended, was then read a third time and put upon its passage.

The nays were: None.

Absent: Green--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4217) passed with its title.

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. 4242, Increasing gross weight limitations on certain roads in Brooke County.

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

Pending discussion,

The question being "Shall Engrossed Committee Substitute for House Bill No. 4242 pass?"

The nays were: None.

Absent: Green--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4242) passed with its title.

Senator Unger moved that the bill take effect from passage.

The nays were: None.

Absent: Green--1.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4242) takes effect from passage.

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

Eng. Com. Sub. for House Bill No. 4245, Relating to anticipated retirement dates of certain health care professionals.

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

The nays were: None.

Absent: Green--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4245) 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. 4254, Providing that certain state employees may be granted a leave of absence with pay during a declared state of emergency.

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

The nays were: None.

Absent: Green--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4254) passed with its title.

Senator Unger moved that the bill take effect from passage.

The nays were: None.

Absent: Green--1.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4254) takes effect from passage.

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

On motion of Senator Unger, the Senate recessed until 1:45 p.m. today.

Upon expiration of the recess, the Senate reconvened and resumed business under the eighth order, the next bill coming up in numerical sequence being.

Eng. House Bill No. 4256, Amending the annual salary schedule for members of the state police.

On third reading, coming up in regular order, with the right having been granted on Wednesday, March 5, 2014, for amendments to be received on third reading, was reported by the Clerk.

On motions of Senators Prezioso and Unger, the following amendment to the bill was reported by the Clerk and adopted:

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

ARTICLE 2. WEST VIRGINIA STATE POLICE.

§15-2-5. Career progression system; salaries; exclusion from wages and hour law, with supplemental payment; bond; leave time for members called to duty in guard or reserves.

(a) The superintendent shall establish within the West Virginia State Police a system to provide for: The promotion of members to the supervisory ranks of sergeant, first sergeant, second lieutenant and first lieutenant; the classification of nonsupervisory members within the field operations force to the ranks of trooper, senior trooper, trooper first class or corporal; the classification of members assigned to the forensic laboratory as criminalist I-VIII; and the temporary reclassification of members assigned to administrative duties as administrative support specialist I-VIII.

(b) The superintendent may propose legislative rules for promulgation in accordance with article three, chapter twenty-nine-a of this code for the purpose of ensuring consistency, predictability and independent review of any system developed under the provisions of this section.

(c) The superintendent shall provide to each member a written manual governing any system established under the provisions of this section and specific procedures shall be identified for the evaluation and testing of members for promotion or reclassification and the subsequent placement of any members on a promotional eligibility or reclassification recommendation list.

(d) Beginning on July 1, 2008, through June 30, 2011, members shall receive annual salaries as follows:

ANNUAL SALARY SCHEDULE (BASE PAY)

SUPERVISORY AND NONSUPERVISORY RANKS

Cadet During Training. . . . . . . . . .$ 2,752.00 Mo. $ 33,024

Cadet Trooper After Training. . . . . . 3,357.33 Mo. 40,288

Trooper Second Year. . . . . . . . . . . . . . . . . . . 41,296

Trooper Third Year. . . . . . . . . . .. . . . . . . . . 41,679

Senior Trooper. . . . . . . . . . . . . . . . . . . . . . 42,078

Trooper First Class. . . . . . . . . . . . . . . . . . . 42,684

Corporal. . . . . . . . . . . . . . . .. . . . . . . . . 43,290

Sergeant. . . . . . . . . . . . . . . .. . . . . . . . . 47,591

First Sergeant. . . . . . . . . . . . . . . . . . . . . . 49,742

Second Lieutenant. . . . . . . . . . . .. . . . . . . . . 51,892

First Lieutenant. . . . . . . . . . . . . . . . . . . . . 54,043

Captain. . . . . . . . . . . . . . . . .. . . . . . . . . 56,194

Major. . . . . . . . . . . . . . . . . .. . . . . . . . . 58,344

Lieutenant Colonel. . . . . . . . . . .. . . . . . . . . 60,495

ANNUAL SALARY SCHEDULE (BASE PAY)

ADMINISTRATION SUPPORT SPECIALIST CLASSIFICATION

I. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 41,679

II . . . . . . . . . . . . . . . . . . . . . . . . . . . .42,078

III. . . . . . . . . . . . . . . . . . . . . . . . . . . .42,684

IV . . . . . . . . . . . . . . . . . . . . . . . . . . . .43,290

V. . . . . . . . . . . . . . . . . . . . . . . . . . . . .47,591

VI . . . . . . . . . . . . . . . . . . . . . . . . . . . .49,742

VII. . . . . . . . . . . . . . . . . . . . . . . . . . . .51,892

VIII . . . . . . . . . . . . . . . . . . . . . . . . . . .54,043

ANNUAL SALARY SCHEDULE (BASE PAY)

CRIMINALIST CLASSIFICATION