Senate Daily Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2014

FORTY-SECOND DAY

____________

Charleston, W. Va., Tuesday, February 18, 2014

The Senate met at 11 a.m.

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

Prayer was offered by Pastor Eric Mounts, Senior Pastor, Bible Center Church, Charleston, West Virginia.

Pending the reading of the Journal of Monday, February 17, 2014,

On motion of Senator Stollings, 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 Clerk presented a communication from the Office of Tax Appeals, submitting its annual report as required by chapter eleven, article ten-a, section seven of the code of West Virginia.

Which communication and report were received and filed with the Clerk.

The Senate proceeded to the third order of business.

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

Eng. Com. Sub. for House Bill No. 2165--A Bill to amend and reenact §16-5-29 of the Code of West Virginia, 1931, as amended, relating to death certificates of military veterans; providing that the State Registrar shall issue up to two certified copies of a death certificate of an eligible veteran at no charge.

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

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

Eng. Com. Sub. for House Bill No. 2895--A Bill to amend and reenact §7-3-2a of the Code of West Virginia, 1931, as amended, relating to the display of POW/MIA flags on county courthouses and other government buildings.

Referred to the Committee on Government Organization.

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

Eng. Com. Sub. for House Bill No. 4149--A Bill to amend and reenact §5-4-1 of the Code of West Virginia, 1931, as amended, all relating to the Board of Public Works; providing for board members to be represented by designees; providing that designees may only vote on certain matters; and providing that no more than three designees may vote at a meeting.

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

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

Eng. Com. Sub. for House Bill No. 4151--A Bill to repeal §30-1-6a and §30-1-6b of the Code of West Virginia, 1931, as amended; and to further amend said code by adding thereto a new article, designated §30-1B-1, §30-1B-2, §30-1B-3, §30-1B-4, §30-1B-5, §30-1B-6, §30-1B-7, §30-1B-8 and §30-1B-9, all relating to professional licensing requirements for certain military members and their spouses; making legislative findings; requiring certain boards to consider military education, training and experience upon application for licensure, certification or registration; providing for licensure renewal during active duty and for six months thereafter for service members and their spouses without meeting requirements of continuing education in certain circumstances and without payment of fees; requiring licensees, certificate holders and registrants to submit waiver requests to the boards; providing for expedited temporary licenses for spouses of active duty service members in certain circumstances; providing for waiver of temporary license application fees in certain circumstances; providing boards with rule-making authority; requiring boards to collect certain data on applications for licensure; requiring boards to report data on waivers and temporary licenses in their annual reports; applicability; and providing for liberal construction of article.

Referred to the Committee on Government Organization.

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

Eng. Com. Sub. for House Bill No. 4268--A Bill to repeal §9A-1-13, §9A-1-14 and §9A-1-15 of the Code of West Virginia, 1931, as amended; and to amend and reenact §9A-1-2, §9A-1-4, §9A-1-5, §9A-1-6, §9A-1-8, §9A-1-9, §9A-1-10, §9A-1-11 and §9A-1-12 of said code, all relating to the Department of Veterans’ Assistance; removing outdated language; providing additional powers to the Secretary of Department of Veteran’s Assistance; modifying the duties of the Veterans’ Council; and authorizing the Secretary to award grants to provide transportation for veterans.

Referred to the Committee on Government Organization.

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

Eng. Com. Sub. for House Bill No. 4309--A Bill to amend and reenact §61-6-19 of the Code of West Virginia, 1931, as amended, relating to permitting a person to keep a firearm in his or her motor vehicle upon the grounds of the State Capitol Complex if the vehicle is locked and the firearm is out of normal view.

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

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

Eng. Com. Sub. for House Bill No. 4347--A Bill to amend and reenact §38-2-21 and §38-2-34 of the Code of West Virginia, 1931, as amended, relating to creating an affirmative defense to an action to enforce a lien.

Referred to the Committee on the Judiciary.

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

Eng. Com. Sub. for House Bill No. 4349--A Bill to amend and reenact §5-10-27 of the Code of West Virginia,1931, as amended; to amend and reenact §7-14D-20 and §7-14D-21 of said code; to amend and reenact §8-22A-22 and §8-22A-23 of said code; to amend and reenact §15-2-33 of said code; to amend and reenact §15-2A-12 of said code; and to amend and reenact §16-5V-25 and §16-5V-26 of said code, all relating to retirement burial and scholarship benefits awarded on behalf of deceased uniformed service officers as it relates to the distribution of marital property under a Qualified Domestic Relations Order.

Referred to the Committee on the Judiciary.

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

Eng. House Bill No. 4453--A Bill to amend and reenact §48-13-302 of the Code of West Virginia, 1931, as amended; to amend and reenact §48-18-126 of said code, all relating to the calculation of child support obligations and the review and adjustment of child support orders.

Referred to the Committee on the Judiciary.

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

Eng. House Bill No. 4454--A Bill to amend and reenact §60-7-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60-8-34 of said code, all relating to the sale of alcoholic beverages by private licensees; prohibiting the sale of nonintoxicating beer, wine and alcoholic liquors by licensed private clubs between two a.m. and ten thirty a.m. on Sundays and between two a.m. and seven a.m. on any weekday or Saturday; authorizing licensed private clubs to sell nonintoxicating beer, wine and alcoholic liquors between the hours of ten thirty a.m. and one p.m. on Sundays; authorizing a licensed private bed and breakfast, private wine restaurant or private wine spa to sell wine for consumption on the licensed premises between the hours of ten thirty a.m. and one p.m. on Sundays.

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

The Senate proceeded to the fourth order of business.

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

Your Committee on the Judiciary has had under consideration

Com. Sub. for Senate Bill No. 252 (originating in the Committee on Education), Allowing certain expelled students to return to school through Juvenile Drug Court.

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

Com. Sub. for Com. Sub. for Senate Bill No. 252 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §18A-5-1a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18A-5-1d, all relating to allowing the county board of education and certain other individuals to refer an expelled pupil to a Juvenile Drug Court; allowing the Juvenile Drug Court judge to determine if the pupil is an appropriate candidate for Juvenile Drug Court; granting the Juvenile Drug Court the same jurisdiction over the pupil as it has over others participating in Juvenile Drug Court; providing that a pupil who successfully completes or is certified as making satisfactory progress toward successful completion of Juvenile Drug Court shall return to school by a lessening of the period of expulsion; and providing exception when a pupil brings a firearm to or possesses a firearm in a school.

With the recommendation that the committee substitute for committee substitute do pass.

Respectfully submitted,

Corey Palumbo,

Chair.

Senator Tucker, from the Committee on Banking and Insurance, submitted the following report, which was received:

Your Committee on Banking and Insurance has had under consideration

Senate Bill No. 255, Increasing fire and casualty insurance policies surcharge to benefit fire departments.

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

Com. Sub. for Senate Bill No. 255 (originating in the Committee on Banking and Insurance)--A Bill to amend and reenact §33-3-33 of the Code of West Virginia, 1931, as amended, relating to increasing a surcharge on fire and casualty insurance policies to one percent to benefit volunteer and part-volunteer fire departments.

With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.

Respectfully submitted,

Gregory A. Tucker,

Chair.

The bill (Com. Sub. for S. B. No. 255), under the original double committee reference, was then referred to the Committee on Finance.

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

Your Committee on Finance has had under consideration

Com. Sub. for Senate Bill No. 414 (originating in the Committee on the Judiciary), Redirecting nonprobate appraisement filings.

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

Com. Sub. for Com. Sub. for Senate Bill No. 414 (originating in the Committee on Finance)--A Bill to amend and reenact §11-11-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §44-1-14 of said code, all relating to eliminating the filing of a nonprobate inventory form with the Tax Commissioner for decedents dying on and after July 1, 2014; providing for the filing of the nonprobate inventory form with the clerk of the county commission or fiduciary supervisor only; providing criminal penalties for failure to comply; and specifying effective dates.

With the recommendation that the committee substitute for committee substitute do pass.

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

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

Your Committee on Finance has had under consideration

Com. Sub. for Senate Bill No. 461, Creating Future Fund.

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

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

Senator Miller, from the Committee on Agriculture and Rural Development, submitted the following report, which was received:

Your Committee on Agriculture and Rural Development has had under consideration

Senate Bill No. 495, Increasing collections into Land Division special revenue account.

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

Com. Sub. for Senate Bill No. 495 (originating in the Committee on Agriculture and Rural Development)--A Bill to amend and reenact §19-12A-6a of the Code of West Virginia, 1931, as amended, relating to increasing the annual cap for collections into the Land Division special revenue account of the Department of Agriculture to $3 million; increasing the aggregate cap to $5 million; and depositing excess into the General Revenue Fund.

With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.

Respectfully submitted,

Ronald F. Miller,

Chair.

The bill (Com. Sub. for S. B. No. 495), under the original double committee reference, was then referred to the Committee on Finance.

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

Your Committee on the Judiciary has had under consideration

Senate Bill No. 507, Relating to Board of Barbers and Cosmetologists.

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

Com. Sub. for Senate Bill No. 507 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §30-27-4 and §30-27-6 of the Code of West Virginia, 1931, as amended, all relating to the Board of Barbers and Cosmetologists; changing board membership; requiring the board to offer examinations in other languages if available and upon request; and removing outdated language.

With the recommendation that the committee substitute do pass.

Respectfully submitted,

Corey Palumbo,

Chair.

Senator Miller, from the Committee on Agriculture and Rural Development, submitted the following report, which was received:

Your Committee on Agriculture and Rural Development has had under consideration

Senate Bill No. 533, Updating commercial feed laws; setting fees by rule.

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

Respectfully submitted,

Ronald F. Miller,

Chair.

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

Senator Kirkendoll, from the Committee on Interstate Cooperation, submitted the following report, which was received:

Your Committee on Interstate Cooperation has had under consideration

Senate Bill No. 544, Allowing sharing of juvenile records under certain circumstances with reciprocal states.

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

Com. Sub. for Senate Bill No. 544 (originating in the Committee on Interstate Cooperation)--A Bill to amend and reenact §49-7-1 of the Code of West Virginia, 1931, as amended, relating to allowing the Division of Juvenile Services to share juvenile records under certain circumstances with another state if that state has a reciprocal agreement with this state; specifying the circumstances when information may be shared; authorizing the Division of Juvenile Services to enter into agreements with other states; and authorizing rule-making authority.

With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.

Respectfully submitted,

Art Kirkendoll,

Chair.

The bill (Com. Sub. for S. B. No. 544), under the original double committee reference, was then referred to the Committee on the Judiciary.

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

Your Committee on the Judiciary has had under consideration

Senate Bill No. 583, Permitting emergency rule-making authority to implement Spay Neuter Assistance Program.

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

Respectfully submitted,

Corey Palumbo,

Chair.

Senator Tucker, from the Committee on Banking and Insurance, submitted the following report, which was received:

Your Committee on Banking and Insurance has had under consideration

Senate Bill No. 596, Modifying statute of limitations on demand note collections.

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

Respectfully submitted,

Gregory A. Tucker,

Chair.

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

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

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

Senate Bill No. 603, Requiring automatic de-energization of mine extraction apparatus when certain methane concentration exists.

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

Com. Sub. for Senate Bill No. 603 (originating in the Committee on Energy, Industry and Mining)--A Bill to amend and reenact §22A-2-43 of the Code of West Virginia, 1931, as amended, relating to testing for the presence of methane in underground mines; clarifying when handheld testing devices shall be used; requiring automatic de-energization of an extraction apparatus where a machine-mounted methane monitor indicates a methane concentration of one and five-tenths percent; and removing the requirement that the Board of Coal Mine Health and Safety promulgate a legislative rule defining the term “sustained period”.

With the recommendation that the committee substitute do pass.

Respectfully submitted,

Douglas E. Facemire,

Chair.

Senator Tucker, from the Committee on Banking and Insurance, submitted the following report, which was received:

Your Committee on Banking and Insurance has had under consideration

Senate Bill No. 621, Authorizing insurers offer flood insurance.

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

Com. Sub. for Senate Bill No. 621 (originating in the Committee on Banking and Insurance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-49-1, §33-49-2, §33-49-3, §33-49-4, §33-49-5, §33-49-6, §33-49-7, §33-49-8, §33-49-9 and §33-49-10, all relating to authorizing insurers to offer flood insurance in this state; providing legislative findings; defining terms; establishing minimum coverage requirements for these policies; providing coverage limitations that an insurer may include in these policies; requiring that certain limitations be noted on the policy declarations or face page; providing the Insurance Commissioner with authority for ratemaking and legislative and emergency rule-making authority; requiring the insurer to provide notice that flood insurance is available from the National Flood Insurance Program; allowing an insurer to export a contract or endorsement of a certain amount to a surplus lines insurer without meeting certain requirements; providing prior notice requirements for cancellation or nonrenewal of a policy; requiring the insurer to notify the commissioner before writing flood insurance and to file a plan of operation with the commissioner; providing that any conflict with other provisions of the West Virginia insurance code are superseded by this article; and requiring the Insurance Commissioner to provide certification that a condition qualifies for flood insurance or disaster assistance.

With the recommendation that the committee substitute do pass.

Respectfully submitted,

Gregory A. Tucker,

Chair.

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

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

Senate Bill No. 623, Requiring notification of certain substance abuse screening of mine personnel.

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

Respectfully submitted,

Douglas E. Facemire,

Chair.

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

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

Your Committee on Transportation and Infrastructure has had under consideration

Senate Concurrent Resolution No. 32, Requesting DOH name bridge in Calhoun County "U. S. Army Sergeant Robert Odell Orders Memorial Bridge".

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

Respectfully submitted,

Robert D. Beach,

Chair.

At the request of Senator Beach, unanimous consent being granted, the resolution (S. C. R. No. 32) contained in the preceding report from the Committee on Transportation and Infrastructure 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.

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

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

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

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

Respectfully submitted,

Douglas E. Facemire,

Chair.

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

The bill (Eng. Com. Sub. for H. B. No. 2954), under the original triple committee reference, was then referred to the Committee on Finance.

The Senate proceeded to the sixth order of business.

Senators Stollings, Kirkendoll, Unger, Plymale and Jenkins offered the following resolution:

Senate Concurrent Resolution No. 39--Requesting the Division of Highways to name the stretch of road beginning at U. S. Route 119 at Julian, Boone County, going one mile, one-half mile on each side of the exit to Julian, the “Army Sgt. Andy Messer Memorial Highway”.

Whereas, Mark Andrew “Andy” Messer was born on January 4, 1965, in Charleston, Kanawha County, to Mark Andrew “Andy” Messer. He passed away at his home in Julian, Boone County, on March 18, 2013. After graduating from Scott High School, where he played football, Andy enrolled in the Army. He served in the military for more than ten years, including a life-altering, front-line tour in the Middle East during Desert Storm. Andy was a member of the 5th Special Forces Group and the 101st Airborne (Green Berets). He was a highly decorated combat veteran. He was stationed at Fort Leonardwood in Missouri, Fort Lewis in Washington and Fort Campbell in Kentucky. He fought in Honduras, Iraq, Iran, Kuwait and Saudi Arabia. He trained with the Egyptian Special Forces. He received the Army Service Ribbon, Army Lapel Button, Sharpshooter Qualification Badge (M16 Rifle), Driver’s Badge, Army Good Conduct Medal, Army Achievement Medal, NCO Professional Development Ribbon, National Defense Service Medal, Driver Mechanic Badge, Mechanic Badge, Southwest Asia Service Medal and Saudi Arabia/Kuwait Liberation Medal. Andy returned home to Boone County after he received a medical discharge because of injuries sustained during Desert Storm, including post-traumatic stress disorder. He was a VFW member; and

Whereas, Mark Andrew “Andy” Messer is survived by his sons, Elijah Messer, of Sharples, Justin Green, of Killeen, Texas, and Gage and Dane Messer, both of Madison; his grandchildren, Kadence and Gunnar Green, of Killeen, Texas; his daughter-in-law, Nelle Green, of Killeen, Texas; his father, Mark Andrew “Andy” Messer, of Haddalton; his brothers, David and Jacob Messer, both of Haddalton; his sisters-in-law, Tonya and Amanda Messer, both of Haddalton; and many aunts, uncles, cousins, nephews, nieces and friends. Andy was preceded in death by his grandparents, Carl and Lorraine Messer and William “Squirrelly” and Letha Fankhauser; and

Whereas, The sacrifices Mark Andrew “Andy” Messer made for his country and the contributions he made to his state and community are representative of the highest levels of honor and courage and should not go unnoticed. Naming that stretch of road beginning at U. S. Route 119 at Julian, Boone County, going one mile, one-half mile on each side of the exit to Julian, the “Army Sgt. Andy Messer Memorial Highway” is an appropriate recognition of his sacrifice for state and country; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name the stretch of road beginning at U. S. Route 119 at Julian, Boone County, going one mile, one-half mile on each side of the exit to Julian, the “Army Sgt. Andy Messer Memorial Highway”; and, be it

Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the one-mile stretch of road beginning at U. S. Route 119 at Julian, Boone County, going one mile, one-half mile on each side of the exit to Julian, the “Army Sgt. Andy Messer Memorial Highway”; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of Army Sgt. Andy Messer.

Which, under the rules, lies over one day.

Senators Stollings, Kirkendoll, Unger, Plymale and Jenkins offered the following resolution:

Senate Concurrent Resolution No. 40--Requesting the Division of Highways to name County Route 13/03, known as Joe’s Creek Road, in Sumerco, Lincoln County, as the “Army PFC John E. Runyan Memorial Road”.

Whereas, Army PFC John E. Runyan was born in Sumerco, Lincoln County, on August 22, 1922; and

Whereas, Army PFC John E. Runyan was drafted into the Army on December 1, 1942, and was assigned to the 99th Division, 22nd Infantry, Company 1; and

Whereas, Army PFC John E. Runyan was killed in action in France on June 25, 1944, after a cargo truck he was in struck a German landmine; and

Whereas, Army PFC John E. Runyan was finally laid to rest on November 20, 1948, at Midkiff Cemetery in Lincoln County; and

Whereas, It is fitting to honor Army PFC John E. Runyan’s life and service by naming County Route 13/03 after him; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name County Route 13/03, known as Joe’s Creek Road, in Sumerco, Lincoln County, as the “Army PFC John E. Runyan Memorial Road”; and, be it

Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the road as the “Army PFC John E. Runyan Memorial Road”; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation, the Commissioner of Highways and the family of the late Army PFC John E. Runyan.

Which, under the rules, lies over one day.

Senators Chafin, Stollings, Jenkins, D. Hall and Cole offered the following resolution:

Senate Concurrent Resolution No. 41--Requesting the Division of Highways to name the stretch of West Virginia Route 83 between its intersection with West Virginia Route 16 at Yukon, McDowell County, and its intersection with County Road 83/03 in Bartley, McDowell County, as the “Army MSG Joe C. Alderman Memorial Road”.

Whereas, MSG Alderman was born in Bartley, McDowell County, on September 11, 1940; and

Whereas, MSG Alderman enlisted in the Army in 1958 following his graduation from Big Creek High School; and

Whereas, MSG Alderman began his career with the Army Special Forces in 1962; and

Whereas, During his time in the Special Forces, MSG Alderman spent seven years on special detachments in Vietnam; and

Whereas, MSG Alderman’s awards and honors include the Silver Star, Legion of Merit, Soldier’s Medal, six Bronze Stars, the Meritorious Service Medal, five Air Medals, the Joint Service Medal, six Army Commendation Medals and three Purple Hearts. Other awards from his time in Vietnam include the Special Service Medal for Heroism, the Cross of Gallantry with a Silver Star, two Bronze Stars and the Armed Forces Honor Medal; and

Whereas, MSG Alderman retired in November, 1980, and his career achievements were marked with his induction into the Ranger Hall of Fame in 1998; and

Whereas, It is fitting to honor MSG Alderman’s life and service by naming the stretch of West Virginia Route 83 after him; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name the stretch of West Virginia Route 83 between its intersection with West Virginia Route 16 at Yukon, McDowell County, and its intersection with County Road 83/03 in Bartley, McDowell County, as the “Army MSG Joe C. Alderman Memorial Road”; and, be it

Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the road as the “Army MSG Joe C. Alderman Memorial Road”; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of Transportation, the Commissioner of Highways and MSG Alderman’s surviving relatives.

Which, under the rules, lies over one day.

Senators McCabe, Wells, Palumbo, Walters, Kessler (Mr. President), Barnes, Beach, Cann, Carmichael, Chafin, Cookman, Edgell, Green, M. Hall, Plymale, Sypolt, Unger, Williams, Snyder, Stollings, Fitzsimmons, Yost, Jenkins, Cole, D. Hall and Prezioso offered the following resolution:

Senate Resolution No. 32--Designating February 18, 2014, as West Virginia State University Day.

Whereas, West Virginia State University was founded under the provisions of the Second Morrill Act of 1890 as the West Virginia Colored Institute, one of seventeen land-grant institutions authorized by Congress and designated by the states; and

Whereas, In 1927, under the leadership of President John W. Davis, through the expansion of academic programs and the construction of new buildings the institution was accredited by the North Central Association and holds the longest continuous accreditation of any college or university in West Virginia; and

Whereas, In 1929, the institution became known as West Virginia State College and over the next decades West Virginia State College was recognized as one of the leading public institutions of higher education for African-Americans; and

Whereas, In 1954, the United States Supreme Court made its historic decision outlawing school segregation, and West Virginia State College rapidly transitioned to an integrated institution. The university’s student population is one of the most diverse in the state and an accurate reflection of America today; and

Whereas, In 2004, the West Virginia Legislature approved the transition to university status; and

Whereas, West Virginia State University now offers eighty-one academic program options, leading to twenty-one baccalaureate and four master’s degrees; and

Whereas, West Virginia State University is actively working with other state institutions of higher education to create additional pathways for degree-seeking students; and

Whereas, As one of only two land-grant institutions in the state, West Virginia State University’s Extension Service serves twenty-nine counties daily. These services aid approximately fifteen thousand people throughout the year, including ten thousand children through summer food programs; and

Whereas, As a regional research institution, West Virginia State University contributes significantly to state economic development efforts in the areas of biotechnology, plant, microbial and animal research; and

Whereas, With every dollar the state invests in West Virginia State University, the university generates nearly $16 spent in the West Virginia economy, resulting in an estimated economic output of $254 million per year; therefore, be it

Resolved by the Senate:

That the Senate hereby designates February 18, 2014, as West Virginia State University Day; and, be it

Further Resolved, That the Senate hereby recognizes West Virginia State University for its tremendous contributions to the State of West Virginia; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Dr. Brian O. Hemphill, President of West Virginia State University.

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

Thereafter, at the request of Senator Walters, and by unanimous consent, the remarks by Senator Wells regarding the adoption of Senate Resolution No. 32 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 sixth order.

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

Senate Resolution No. 33--Recognizing the Linsly School on the occasion of its two hundredth anniversary.

Whereas, The Linsly School, founded as the Lancastrian Academy in 1814, predates the State of West Virginia; and

Whereas, The Linsly School was the first preparatory school established west of the Alleghanies in Wheeling, West Virginia; and

Whereas, The educational institution opened its doors as a coeducational institution until it became an all-boys institution at the beginning of the Civil War, returning to a coeducational facility in 1988; and

Whereas, The first Capitol of West Virginia occupied the Linsly School building from West Virginia’s admission to the Union in 1863 until the Capitol was moved to Charleston in 1870; and

Whereas, The Linsly School continues to dedicate itself to youths’ academic and character development; and

Whereas, The Linsly motto, “Forward and no retreat!”, embodies the character and history of the school; and

Whereas, The school motto so profoundly resonates West Virginia’s character and history; therefore, be it

Resolved by the Senate:

That the Senate hereby recognizes the Linsly School on the occasion of its two hundredth anniversary; and, be it

Further Resolved, That the Senate invites all members of the West Virginia Legislature and all citizens of West Virginia to join in recognizing the significance of the Linsly School in their contributions to the rich culture of West Virginia; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Linsly School.

At the request of Senator Walters, 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 Wells, and by unanimous consent, the remarks by Senators Fitzsimmons and Walters regarding the adoption of Senate Resolution No. 33 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 seventh order of business.

Senate Concurrent Resolution No. 36, Requesting DOH name portion of Rt. 25 in Kanawha County "Army Sgt. James Lawrence Taylor Memorial Road".

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

Senate Concurrent Resolution No. 37, Requesting DOH name road in Logan County "Lance Corporal Larry G. Williamson Memorial Highway".

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

Senate Concurrent Resolution No. 38, Requesting Joint Committee on Government and Finance study development of comprehensive early childhood program.

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.

The Senate proceeded to the eighth order of business.

Eng. Com. Sub. for Com. Sub. for Senate Bill No. 6, Regulating sale of drug products used in manufacture of methamphetamine.

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

At the request of Senator Palumbo, unanimous consent was granted to offer amendments to the bill on third reading.

Thereupon, on motion of Senator Palumbo, the following amendments to the bill were reported by the Clerk and adopted:

On page twenty-five, section, after line ninety-seven, by inserting a new section, designated section four-a, to read as follows:

§60A-10-4a. Expungement of first offense possession of ephedrine, pseudoephedrine or phenylpropanolamine.

(a) Whenever any person who has not previously been convicted of a violation of chapter sixty-a of this code or a violation of the provisions of this article or under any statute of the United States or any state relating to controlled substances or methamphetamine precursors is charged with possession of ephedrine, pseudoephedrine or phenylpropanolamine in violation of subdivision (1), subsection (a), section four of this article, he or she may move the court to defer further proceedings and to be placed on probation under such terms and conditions as the court deems appropriate. Should the court find that the person possessed three and six-tenths grams of ephedrine, pseudoephedrine or phenylpropanolamine or less which had been lawfully purchased in the jurisdiction of sale and that the person possessed the ephedrine, pseudoephedrine or phenylpropanolamine with the intent that it be used in the manner and form intended by the manufacturer, the court shall defer further proceedings and place the person on probation.

(b) Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him or her. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities or sentencing enhancements imposed by law upon conviction of a crime. The effect of the dismissal and discharge shall be to restore the person in contemplation of law to the status he or she occupied prior to arrest. No person as to whom a dismissal and discharge have been effected shall be thereafter held to be guilty of perjury, false swearing or otherwise giving a false statement by reason of his or her failure to disclose or acknowledge his or her arrest or trial in response to any inquiry made of him or her for any purpose. There may be only one discharge and dismissal under this section with respect to any person.

(c) After a period of not less than six months, which shall begin to run immediately upon the expiration of a term of probation imposed upon any person under this chapter, the person may apply to the court for an order to expunge from all official records all recordations of his or her arrest, trial and conviction, pursuant to this section. If the court determines after a hearing that the person during the period of his or her probation and during the period of time prior to his or her application to the court under this section has not been guilty of any serious or repeated violation of the conditions of his or her probation, it shall order the expungement.;

And,

By striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:

That §60A-10-8 of the Code of West Virginia, 1931, as amended, be repealed; that §60A-2-210 and §60A-2-212 of said code be amended and reenacted; that §60A-10-2, §60A-10-3, §60A-10-4, §60A-10-5 and §60A-10-7 of said code be amended and reenacted; and that said code be amended by adding thereto a new section, designated §60A-10-4a, all to read as follows:.

The bill, as just amended, was again ordered to engrossment.

Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 6 was then read a third time and put upon its passage.

Pending discussion,

The question being “Shall Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 6 pass?”

On the passage of the bill, the yeas were: Beach, Cann, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--25.

The nays were: Barnes, Blair, Boley, Carmichael, Chafin, Cole, M. Hall, Nohe and Sypolt--9.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 6) passed.

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

Eng. Com. Sub. for Com. Sub. for Senate Bill No. 6--A Bill to repeal §60A-10-8 of the Code of West Virginia, 1931, as amended; to amend and reenact §60A-2-210 and §60A-2-212 of said code; to amend and reenact §60A-10-2, §60A-10-3, §60A-10-4, §60A-10-5 and §60A-10-7 of said code; and to amend said code by adding thereto a new section, designated §60A-10-4a, all relating to the Methamphetamine Lab Eradication Act and the prevention of the production of methamphetamine generally; requiring certain drug products containing ephedrine, pseudoephedrine or phenylpropanolamine be obtained by prescription only; moving said drug products from Schedule V to Schedule IV; distinguishing between schedule classifications; providing an exception for drug products that are extraction or conversion resistant; making legislative findings; defining terms; prohibiting pharmacies from selling certain drugs that can be used in the production of methamphetamine without a prescription; creating criminal offenses related to methamphetamine precursors and establishing penalties therefor; creating an expungement process for certain persons charged with possession of ephedrine, pseudoephedrine or phenylpropanolamine without a prescription; permitting the sale of certain drugs without a prescription where the Board of Pharmacy determines that the drugs are not feasible for being used for the manufacture of methamphetamine; reducing the maximum amounts persons are permitted to purchase of certain drugs that cannot feasibly be converted into methamphetamine; limiting authority of the Board of Pharmacy as to storage, recordkeeping and security requirements for wholesalers; adjusting the requirements of the Multi-State Real-Time Tracking System; removing certain outdated language; and providing rule-making authority to the Board of Pharmacy to implement emergency and legislative rules, which will provide procedures as to which products may be sold over the counter and which require a prescription and other modifications necessary to implement the Methamphetamine Lab Eradication Act.

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 M. Hall, and by unanimous consent, the remarks by Senators Barnes and Sypolt regarding the passage of Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 6 were ordered printed in the Appendix to the Journal.

Eng. Com. Sub. for Com. Sub. for Senate Bill No. 15, Removing certain billing limitations for HIV or STD testing by public health agencies.

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

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

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 15) passed with its title.

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

Eng. Senate Bill No. 100, Authorizing operation of low-speed vehicles on certain municipal roads.

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

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 100) 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 Senate Bill No. 155, Authorizing DHHR promulgate legislative rules.

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

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 155) passed with its title.

Senator Unger moved that the bill take effect from passage.

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

The nays were: None.

Absent: None.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 155) takes effect from passage.

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

Eng. Senate Bill No. 331, Requiring certain accelerated payment of consumers sales and service and use tax and employee withholding taxes.

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

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 331) passed with its title.

Senator Unger moved that the bill take effect from passage.

The nays were: None.

Absent: None.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 331) 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 Senate Bill No. 416, Relating to tentative appraisals of natural resources property.

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

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 416) passed with its title.

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

The Senate proceeded to the ninth order of business.

Com. Sub. for Senate Bill No. 167, Authorizing Department of Revenue promulgate legislative rules.

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

Com. Sub. for Senate Bill No. 315, Clarifying use of certain funds under Military Authority Act.

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

Senate Bill No. 328, Terminating Strategic Research and Development Tax Credit.

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

Com. Sub. for Senate Bill No. 376, Requiring certain construction workers complete OSHA safety program.

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

Com. Sub. for Senate Bill No. 427, Relating to motor vehicle insurance.

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

Senate Bill No. 457, Requiring programs for temporarily detained inmates in regional jails.

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

Senate Bill No. 480, Expanding period during which certain motor vehicle liens are valid.

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

Com. Sub. for Senate Bill No. 540, Requiring SSAC promulgate rules allowing college preparatory team recognition.

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

At the request of Senator Plymale, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.

Pending announcement of meetings of standing and select committees of the Senate,

On motion of Senator Unger, the Senate recessed until 5 p.m. today.

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

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

Your Committee on Government Organization has had under consideration

Senate Bill No. 214, Creating Citizens Elected County Officials Compensation Commission.

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

Respectfully submitted,

Herb Snyder,

Chair.

At the request of Senator Snyder, unanimous consent being granted, the bill (S. B. No. 214) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary.

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

Your Committee on Finance has had under consideration

Com. Sub. for Senate Bill No. 318, Setting fees for manufacture, distribution, dispensing and research of controlled substances.

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

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

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

Your Committee on Health and Human Resources has had under consideration

Senate Bill No. 366, Transferring CHIP from Department of Administration to DHHR.

And,

Senate Bill No. 419, Creating Overdose Prevention Act.

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

Respectfully submitted,

Ron Stollings,

Chair.

At the request of Senator Stollings, unanimous consent being granted, the bills (S. B. Nos. 366 and 419) contained in the preceding report from the Committee on Health and Human Resources were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were then referred to the Committee on the Judiciary.

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

Your Committee on the Judiciary has had under consideration

Com. Sub. for Senate Bill No. 383, Permitting certain residential real estate owners limited exemptions from licensing requirements.

And,

Senate Bill No. 485, Exempting DOH from certain permitting requirements of Natural Stream Preservation Act.

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

Respectfully submitted,

Corey Palumbo,

Chair.

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

Your Committee on Transportation and Infrastructure has had under consideration

Senate Bill No. 424, Regulating unlicensed off-road motorcycles within Hatfield-McCoy Regional Recreation Area.

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

Com. Sub. for Senate Bill No. 424 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §17F-1-3 of the Code of West Virginia, 1931, as amended, relating to authorization and regulation of unlicensed off-road motorcycles upon public streets, roads and highways by municipalities and counties within the Hatfield-McCoy recreation area.

With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Government Organization.

Respectfully submitted,

Robert D. Beach,

Chair.

At the request of Senator Beach, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 424) contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Government Organization.

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

Your Committee on Finance has had under consideration

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

And has amended same.

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

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

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

Your Committee on Government Organization has had under consideration

Senate Bill No. 468, Providing for Veterans Medal and Service Cross.

With an amendment from the Committee on Military pending;

And reports the same back with the recommendation that it do pass as amended by the Committee on Military to which the bill was first referred.

Respectfully submitted,

Herb Snyder,

Chair.

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

Your Committee on Transportation and Infrastructure has had under consideration

Senate Bill No. 476, Providing standards for conversion and retrofits of alternative-fuel motor vehicles.

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

Respectfully submitted,

Robert D. Beach,

Chair.

At the request of Senator Beach, unanimous consent being granted, the bill (S. B. No. 476) contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary.

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

Your Committee on Education has had under consideration

Senate Bill No. 477, Providing teachers determine use of time during planning period.

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

Com. Sub. for Senate Bill No. 477 (originating in the Committee on Education)--A Bill to amend and reenact §18A-4-14 of the Code of West Virginia, 1931, as amended, relating to daily planning periods for certain school employees; providing that teachers determine the use of time of a planning period; prohibiting administrators from compelling a teacher to attend any work-related event during a planning period except for occasional specified instances; defining “meeting”; and setting forth when a planning period begins.

With the recommendation that the committee substitute do pass.

Respectfully submitted,

Robert H. Plymale,

Chair.

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

Your Committee on Government Organization has had under consideration

Senate Bill No. 487, Authorizing municipal sales tax.

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

Com. Sub. for Senate Bill No. 487 (originating in the Committee on Government Organization)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-13-5b, relating to municipal sales tax; authorizing municipalities to enact a municipal sales tax at a rate of one percent or less; requiring reduction or elimination of municipal business and occupation tax with limitations; requiring services of State Tax Commissioner to administer tax; providing rule-making authority for the Tax Commissioner to administer municipal sales tax and charge a fee; requiring a public hearing before enacting a municipal sales tax; and requiring a municipal sales tax be read at least two times prior to enactment.

With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.

Respectfully submitted,

Herb Snyder,

Chair.

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

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

Your Committee on Military has had under consideration

Senate Bill No. 556, Providing complimentary certified veterans' death certificates under certain circumstances.

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

Com. Sub. for Senate Bill No. 556 (originating in the Committee on Military)--A Bill to amend and reenact §59-1-10 of the Code of West Virginia, 1931, as amended, relating to death certificates of military veterans; providing for the issuance, without charge in certain instances, of up to two certified copies of a veteran’s death certificate by the clerk of the county commission if requested within thirty days of the death of the veteran; providing no fee may be charged if the death certificate is needed to obtain state or federal benefits; and defining “veteran”.

With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.

Respectfully submitted,

Erik P. Wells,

Chair.

At the request of Senator Wells, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 556) contained in the preceding report from the Committee on Military was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.

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

Your Committee on Finance has had under consideration

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

And has amended same.

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

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

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

Your Committee on Government Organization has had under consideration

Senate Bill No. 559, Eliminating annual report late fees charged by Secretary of State.

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

Respectfully submitted,

Herb Snyder,

Chair.

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

Your Committee on the Judiciary has had under consideration

Senate Bill No. 585, Removing unconstitutional language regarding access to rail lines.

Senate Bill No. 586, Removing unconstitutional language regarding jurors and verdicts permitted in certain civil litigation.

And,

Senate Bill No. 601, Removing unconstitutional language regarding relief in circuit court against erroneous assessments.

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

Respectfully submitted,

Corey Palumbo,

Chair.

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

Your Committee on Health and Human Resources has had under consideration

Senate Bill No. 599, Providing exemption from skilled nursing bed moratorium for geriatric psychological beds.

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

Com. Sub. for Senate Bill No. 599 (originating in the Committee on Health and Human Resources)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2D-5d, relating to creating an exemption from the moratorium on skilled nursing beds for speciality skilled nursing beds; defining terms; and setting forth limitations.

With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.

Respectfully submitted,

Ron Stollings,

Chair.

At the request of Senator Palumbo, as chair of the Committee on the Judiciary, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Health and Human Resources.

At the request of Senator Stollings, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 599) was taken up for immediate consideration, read a first time and ordered to second reading.

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

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

Your Committee on Government Organization has had under consideration

Senate Bill No. 600, Relating to municipal ordinance compliance regarding dwellings unfit for habitation and vacant buildings and properties.

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

Com. Sub. for Senate Bill No. 600 (originating in the Committee on Government Organization)--A Bill to amend and reenact §8-12-16, §8-12-16a and §8-12-16c of the Code of West Virginia, 1931, as amended, all relating to the registration, maintenance and regulation of dwellings unfit for human habitation and vacant buildings and properties by municipal governments; defining terms; clarifying the parties responsible for compliance with municipal ordinances regarding these dwellings, buildings and properties; and authorizing municipalities to enact maintenance of vacant buildings and properties ordinances.

With the recommendation that the committee substitute do pass.

Respectfully submitted,

Herb Snyder,

Chair.

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

Your Committee on Health and Human Resources has had under consideration

Senate Bill No. No. 619, Exempting certain critical access hospitals from certificate of need requirement.

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

Com. Sub. for Senate Bill No. 619 (originating in the Committee on Health and Human Resources)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2D-5e, relating to creating an exemption to the certificate of need process for certain critical access hospitals in certain situations.

With the recommendation that the committee substitute do pass.

Respectfully submitted,

Ron Stollings,

Chair.

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

Your Committee on Transportation and Infrastructure has had under consideration

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

And reports back a committee substitute for same as follows:

Com. Sub. for Senate Concurrent Resolution No. 21 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways name bridge number 41-1-13.03, located on Route 1 over Clear Creek at the mouth of Toney’s Fork Road adjacent to the Presbyterian Church in Raleigh County, known as Artie Bridge Number 2, the "U. S. Army PFC Shelby Dean Stover Memorial Bridge".

Whereas, Shelby Dean Stover was born on July 15, 1948, in Ameagle, West Virginia; and

Whereas, Shelby Dean Stover served West Virginia and his country as an infantryman in the U. S. Army; and

Whereas, Shelby Dean Stover was killed in Vietnam by enemy forces on September 23, 1969, the only member of his community to die in action; and

Whereas, Shelby Dean Stover represented the best of his community, being a friend to others, a good athlete and most of all willing to serve his country without hesitation; and

Whereas, It is fitting to honor Shelby Dean Stover for his commitment, dedication and service to his country and to his state, having given the ultimate sacrifice; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 41-1-13.03, located on Route 1 over Clear Creek at the mouth of Toney’s Fork Road adjacent to the Presbyterian Church in Raleigh County, known as Artie Bridge Number 2, the "U. S. Army PFC Shelby Dean Stover Memorial Bridge"; and, be it

Further Resolved, That 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 “U. S. Army PFC Shelby Dean Stover Memorial Bridge”; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation, Dennis Williams and the family of U. S. Army Private First Class Shelby Dean Stover.

Senate Concurrent Resolution No. 23, Requesting DOH name bridge in Boone County the "U. S. Marine PFC Marshall Lee King Memorial Bridge".

And reports back a committee substitute for same as follows:

Com. Sub. for Senate Concurrent Resolution No. 23 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name bridge number 3-17-8.80, locally known as the Low Gap Bridge, crossing the Spruce Fork of the Little Coal River on Route 17 in Low Gap, Boone County, the “USMC PFC Marshall Lee King Memorial Bridge”.

Whereas, PFC King was born on July 5, 1924, in Coalwood, McDowell County, and grew up in Low Gap, Boone County; and

Whereas, PFC King served in the U. S. Marine Corps and was killed in action on May 19, 1945, on the Ryukyu Islands of Okinawa; and

Whereas, During his time serving our nation, PFC King was awarded the Purple Heart, the Asiatic-Pacific Campaign Medal and World War II Victory Medal; and

Whereas, It is fitting and proper that PFC King be remembered and acknowledged for his courageous action and dedicated service to his country; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 3-17-8.80, locally known as the Low Gap Bridge, crossing the Spruce Fork of the Little Coal River on Route 17 in Low Gap, Boone County, the “USMC PFC Marshall Lee King Memorial 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 proclaiming it the “USMC PFC Marshall Lee King Memorial Bridge”; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways and to the surviving family of PFC Marshall Lee King.

Senate Concurrent Resolution No. 25, Requesting DOH name portion of State Rt. 37 "Army Spec. 4th Class Darrell W. Sanders Memorial Highway".

And reports back a committee substitute for same as follows:

Com. Sub. for Senate Concurrent Resolution No. 25 (originating in the Committee on Transportation and Infrastructure)--Requesting that the portion of State Route 37 from the Town of Wayne to the Lincoln County line be named the “U. S. Army SP4 Darrell W. Sanders Memorial Highway”.

Whereas, Darrell W. Sanders, born on October 6, 1945, was the son of Lakie Epling Sanders and Early Sanders; and

Whereas, Darrell W. Sanders was a resident of East Lynn, Wayne County, West Virginia, and was a graduate of Wayne High School; and

Whereas, Darrell W. Sanders had eight brothers and sisters; and

Whereas, Darrell W. Sanders was drafted into the United States Army soon after graduating from Wayne High School and, following training, was deployed to South Vietnam; and

Whereas, Specialist Fourth Class Darrell W. Sanders was an infantryman in Company C, Second Battalion, Seventh Cavalry Regiment; and

Whereas, Specialist Fourth Class Darrell W. Sanders participated in the Battle of La Drang Valley, South Vietnam, a five-day battle which was the first major battle of the Vietnam War between regular forces of the United States and regular forces of the Peoples’ Army of North Vietnam; and

Whereas, The Battle of La Drang Valley was fought between November 11 and November 18, 1965; and

Whereas, After two days and nights of heavy fighting on November 14 to November 16, the initial Vietnamese assault was repulsed, but during a surprise followup attack on November 17 the enemy forces overran Specialist Fourth Class Darrell W. Sanders’ unit in what was the deadliest ambush of a United States unit during the course of the entire war; and

Whereas, Specialist Fourth Class Darrell W. Sanders was killed in the battle on November 17, 1965; and

Whereas, Specialist Fourth Class Darrell W. Sanders’ name appears on the Vietnam War Memorial, Panel 03E Line 091; and

Whereas, It is fitting that an appropriate memorial recognizing this soldier’s service and sacrifice be established in the area where he lived; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name the portion of State Route 37 from the Town of Wayne to the Lincoln County line the “U. S. Army SP4 Darrell W. Sanders Memorial Highway”; and, be it

Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the designated highway containing bold and prominent letters proclaiming that portion of State Route 37 the “U. S. Army SP4 Darrell W. Sanders Memorial Highway”; and, be it

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

And,

Senate Concurrent Resolution No. 28, Requesting DOH name road in Logan County the "Joshua Walls Memorial Highway".

And reports back a committee substitute for same as follows:

Com. Sub. for Senate Concurrent Resolution No. 28 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name the stretch of road on CR 10/17, approximately at mile post 1.22 as measured on Google Earth from the intersection of CR 10/17 and CR 710/6, a distance of 0.68 miles beyond the indicated point in Lyburn, Logan County, the “Joshua Walls Memorial Highway”.

Whereas, Joshua Walls was born October 16, 1987, to Terry (deceased) and Diana Walls. He had three sisters: Shawn Walls, Sandy Walls and Terri Walls, all deceased; and

Whereas, Joshua Walls died on January 18, 2012. Josh was a graduate of Man High School, class of 2005, attended Lyburn Freewill Baptist Church and was loved; and

Whereas, Josh, his father and his sister Terri all passed away from the same disease, dyskeratosis congenita. It was believed that Josh would not live past the age of eighteen, but he lived to be twenty-four years of age and rarely complained about his illness; and

Whereas, It is only fitting that we honor Joshua Walls and provide awareness of the disease that took his life, for his dedicated and selfless contributions to his community and Logan County in the face of this debilitating disease; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name the stretch of road on CR 10/17, approximately at mile post 1.22 as measured on Google Earth from the intersection of CR 10/17 and CR 710/6, a distance of 0.68 miles beyond the indicated point in Lyburn, Logan County, the “Joshua Walls Memorial Highway”; and, be it

Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the stretch of road as the “Joshua Walls Memorial Highway”; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the surviving relatives of Joshua Walls.

With the recommendation that the four committee substitutes be adopted.

Respectfully submitted,

Robert D. Beach,

Chair.

At the request of Senator Beach, unanimous consent being granted, the resolutions (Com. Sub. for S. C. R. Nos. 21, 23, 25 and 28) contained in the preceding report from the Committee on Transporation and Infrastructure were taken up for immediate consideration and considered simultaneously.

The question being on the adoption of the resolutions, 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.

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

Your Committee on Transportation and Infrastructure has had under consideration

Senate Concurrent Resolution No. 22, Requesting DOH name I-81 overpass "Deputy John L. Burkett III Memorial Overpass".

Senate Concurrent Resolution No. 26, Requesting DOH rename County Rt. 35/3 in Wayne County "Stonewall Veterans Memorial Highway".

Com. Sub. for House Concurrent Resolution No. 10, The "Veterans Memorial Bridge".

Com. Sub. for House Concurrent Resolution No. 13, The "Thomas H. Stafford Memorial Bridge".

Com. Sub. for House Concurrent Resolution No. 54, Chief Denzil O. Lockard Memorial Bridge.

And,

Com. Sub. for House Concurrent Resolution No. 55, Alex Angelino Memorial Bridge.

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

Respectfully submitted,

Robert D. Beach,

Chair.

At the request of Senator Beach, unanimous consent being granted, the resolutions (S. C. R. No. 22, S. C. R. No. 26, Com. Sub. for H. C. R. No. 10, Com. Sub. for H. C. R. No. 13, Com. Sub. for H. C. R. No. 54 and Com. Sub. for H. C. R. No. 55) contained in the preceding report from the Committee on Transportation and Infrastructure were taken up for immediate consideration and considered simultaneously.

The question being on the adoption of the resolutions, 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.

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. 31, Recognizing National Radio Astronomy Observatory's Center for STEM Education.

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

Respectfully submitted,

Robert H. Plymale,

Chair.

Senator Miller, from the Committee on Agriculture and Rural Development, submitted the following report, which was received:

Your Committee on Agriculture and Rural Development has had under consideration

Senate Concurrent Resolution No. 42 (originating in the Committee on Agriculture and Rural Development)--Requesting the Joint Committee on Government and Finance conduct a study of topics related to permit requirements for farmers market vendors, including the suitability of the permits, licenses and certifications required to vend at a farmers market, as well as the appropriateness of the fees scale for the permits and their transferability across county lines.

Whereas, The Legislature recognizes a rising and existing consumer-driven market interested in purchasing locally grown food, which keeps food dollars circulating in the state’s economy; and

Whereas, Farmers markets are critical incubators for small farm and food businesses because they offer an accessible, entry-level market for reaching consumers directly; and

Whereas, The number of farmers markets and the variety of products sold at farmers markets in West Virginia has increased significantly in the past ten years; and

Whereas, One study by the West Virginia Farmers Market Association found that the state’s roughly ninety farmers markets contributed over $4 million to the state’s economy in just a six-month period, from July to December, 2012; and

Whereas, One study by the West Virginia Food and Farm Coalition finds that increasing West Virginia farm production to meet the state’s in-season demand for fresh fruit and vegetables would create over one thousand seven hundred jobs and add over $120 million to the state’s economy; and

Whereas, A 2013 study by the West Virginia Food and Farm Coalition and the West Virginia Farmers Market Association finds that permit fees and requirements for farmers market vendors can vary widely from county to county, and sometimes from one regulatory official to the other. A survey conducted as part of this study found forty-three percent of vendors reporting significant variation in requirements from county to county; and

Whereas, Current food establishment permit categories are not designed for farmers markets and their vendors, but rather for restaurants, grocery stores or concessioners; and

Whereas, A 2012 study by the West Virginia Farmers Market Association finds that farmers market vendors average just $152 in sales on any given market day; and

Whereas, Permits required for farmers market vendors are currently not recognized across county lines, putting additional regulatory and fiscal burdens on vendors selling in more than one county; and

Whereas, The Legislature has found that encouraging locally grown and raised food is important to protect the health and welfare of the citizens of West Virginia; and

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

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study permit requirements for farmers market vendors, including the suitability of the permits, licenses and certifications required to vend at a farmers market, as well as the appropriateness of the fees scale for permits and their transferability across county lines; 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.

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,

Ronald F. Miller,

Chair.

At the request of Senator Miller, unanimous consent being granted, the resolution (S. C. R. No. 42) contained in the preceding report from the Committee on Agriculture and Rural Development was taken up for immediate consideration.

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

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

Your Committee on Transportation and Infrastructure has had under consideration

House Concurrent Resolution No. 14, The "Army Specialist Fifth Class Elton Dale Workman Memorial Bridge".

And has amended same.

Com. Sub. for House Concurrent Resolution No. 19, The "Army Specialist 4 William Lewis Reger Memorial Bridge".

And has amended same.

Com. Sub. for House Concurrent Resolution No. 23, Army Sgt. Walter William Smith Memorial Bridge.

And has amended same.

Com. Sub. for House Concurrent Resolution No. 27, The Audra Park Bridge in Memory of Army Sergeant John A. Charnoplosky.

And has amended same.

Com. Sub. for House Concurrent Resolution No. 35, The Arden Bridge in Memory of Abbie Gall.

And has amended same.

And,

Com. Sub. for House Concurrent Resolution No. 37, Army Sergeant Charles Leo Dulaney Memorial Bridge.

And has amended same.

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

Respectfully submitted,

Robert D. Beach,

Chair.

The Senate proceeded to the thirteenth order of business.

At the request of Senator Kirkendoll, the name of Senator Kirkendoll was removed as a sponsor of Senate Bill No. 474 (Allowing disposal of drill cuttings from well sites in commercial solid waste facilities).

Pending announcement of a meeting of the Committee on Rules,

On motion of Senator Unger, the Senate adjourned until tomorrow, Wednesday, February 19, 2014, at 11 a.m.

____________

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