Senate Daily Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2014

FORTY-FIFTH DAY

____________

Charleston, W. Va., Friday, February 21, 2014

The Senate met at 11 a.m.

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

Prayer was offered by Bishop Sam Calloway, Jr., Spirit & Truth Ministries, Oak Hill, West Virginia.

Pending the reading of the Journal of Thursday, February 20, 2014,

On motion of Senator Unger, 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. Senate Bill No. 402, Permitting recovery of service charge and fees charged to Tax Commissioner by financial institutions.

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. 4257--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-5-19b, relating to providing criminal penalties for the dissemination of false information through automated telephone calls during a declared state of emergency; establishing criminal liability for a principal or employer who directs an agent or employee; establishing that a violation with the intent to sell a product or service is an unfair method of competition and unfair or deceptive act or practice under the consumer credit and protection act; and providing an exception to the pre-suit notice and cure requirement for an alleged unfair method of competition and unfair or deceptive act or practice.

Referred to the Committee on the Judiciary.

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. 4259--A Bill to extend the time for the city council of the city of Sistersville, Tyler County, to meet as a levying body for the purpose of presenting to the voters of the city an election to supplement current funds for the operation of parks, the library, fire department and streets and for the purpose of paying all costs incurred in the laying of this additional levy from between the seventh and twenty-eighth days of March and the third Tuesday in April until May 31, 2014.

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. 4350--A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-1G-10, relating to providing for the awarding of a West Virginia veterans service decoration, and a West Virginia Service Cross and ribbon to certain qualifying West Virginia veterans; and providing rulemaking authority.

At the request of Senator Unger, and by unanimous consent, the message was taken up for immediate consideration and reference of the bill to a committee dispensed with.

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. 4363--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §27-1A-12, relating to creating an informal dispute resolution process available to behavioral health providers licensed by the Department of Health and Human Resources for orders or citations of deficient practice; and providing that the informal dispute resolution process does not affect the ability of a licensee to seek administrative and judicial review of an order or citation of deficient practice.

Referred to the Committee on Health and Human Resources; 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. 4425--A Bill to amend and reenact §15-2-7 of the Code of West Virginia, 1931, as amended, relating to giving the Superintendent of the West Virginia State Police authority to employ legal counsel and legal support staff when necessary.

Referred to the Committee on Finance.

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. 4431--A Bill to amend and reenact §20-2-37 of the Code of West Virginia, 1931, as amended, relating to clarifying that persons who possess firearms, hunting dogs or other indicia of hunting or taking wildlife in or near fields, woods or streams do not necessarily need to have a hunting license; and requiring the totality of the circumstances be considered before it can be concluded that a person has been hunting, fishing, trapping or taking wildlife.

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. 4455--A Bill to amend and reenact §60-4-3a and §60-4-3b of the Code of West Virginia, 1931, as amended, relating to the sale of alcohol by licensed manufacturers; authorizing distilleries and mini-distilleries to make retail sales of alcoholic liquors manufactured by the distillery or mini-distillery for consumption off the premises on Sundays; authorizing earlier retail sales by licensed wineries and farm wineries on Sundays; pertaining to the time of allowed retail sales by licensed manufacturers on Sundays; pertaining to the times complimentary samples may be offered on premises of licensed manufacturer on Sundays; and authorizing mini-distilleries which manufacture less than fifty thousand gallons of alcoholic liquor per year to seek and hold a separate license to operate a private club on the premises of the mini-distillery.

Referred to the Committee on the Judiciary.

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. 11--Requesting that the bridge to be constructed on State Route 33 in Pendleton County, West Virginia, that has been designated as bridge number 36-33-5.93, to be named the “Pendleton County Union Veterans Memorial Bridge”.

Referred to the Committee on Transportation and Infrastructure.

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

House Concurrent Resolution No. 12--Requesting that the portion of U.S. Route 220 from the city limits sign of Franklin to Virginia border in Pendleton County, West Virginia, be named the “Pendleton County Confederate Veterans Memorial Highway”.

Referred to the Committee on Transportation and Infrastructure.

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, with its Senate amended title, of

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

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 “Captain Isaac Alt West Virginia Militia Memorial Bridge”.

Referred to the Committee on Transportation and Infrastructure.

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

Com. Sub. for House Concurrent Resolution No. 18--Requesting the Division of Highways to name the bridge on Route 33, crossing the South Branch Potomac River east of Franklin, Pendleton County, bridge number 36-33-33.85 (36A165), as the “Dr. H. Luke Eye Bridge”.

Referred to the Committee on Transportation and Infrastructure.

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, with its Senate amended title, of

Com. Sub. for House Concurrent Resolution No. 19, The "Army Specialist 4 William Lewis Reger 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, with its Senate amended title, of

Com. Sub. for House Concurrent Resolution No. 23, Army Sgt. Walter William Smith 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, with its Senate amended title, of

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

Com. Sub. for House Concurrent Resolution No. 45--Requesting the Division of Highways to name bridge number 22-3-7.00 (22A001) on Route 3 which crosses the Mud River and is located 0.11 miles east of County Route 1 in Hamlin, Lincoln County, the “U.S. Army SFC Bob L. VandeLinde Bridge”.

Referred to the Committee on Transportation and Infrastructure.

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

Com. Sub. for House Concurrent Resolution No. 53--Requesting the bridge at the intersection of County Route 18, known as North Fork Road, and County Route 18/2, known as Ellis Fork Road, in Boone County, West Virginia, (latitude, longitude: 38.00947, -81.95537) be named the “Julian, Earl and Edward Hill Brothers Memorial Bridge”.

Referred to the Committee on Transportation and Infrastructure.

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

Com. Sub. for House Concurrent Resolution No. 56--Requesting the Division of Highways to name bridge number 48-18-20.53 (48A087), and known locally as the Jackson Bridge on West Virginia Route 18 north of Middlebourne, Tyler County, as the “Army SSG Jesse Adam Ault Memorial Bridge”.

Referred to the Committee on Transportation and Infrastructure.

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

Com. Sub. for House Concurrent Resolution No. 72--Requesting that bridge number 50-52-29.04 (50A153) on Tolsia highway in Wayne County, West Virginia, be named the “Roy Elmer 'Doc' Moon Bridge”.

Referred to the Committee on Transportation and Infrastructure.

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

House Concurrent Resolution No. 75--Requesting the Division of Highways to name U.S. Route 119 from Clendenin, Kanawha County, to the Kanawha - Roane County line, the “Army SPC 4 Marvin Dewayne Canterbury Memorial Highway”.

Referred to the Committee on Transportation and Infrastructure.

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

Com. Sub. for House Concurrent Resolution No. 76--Requesting that bridge number 50-37-3.29 (50A069) over Big Hurricane Creek in Wayne County be named the “Army PFC Richard Lee Lakin Memorial Bridge”.

Referred to the Committee on Transportation and Infrastructure.

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

House Concurrent Resolution No. 83--Requesting Congress erect a national monument to motherhood, with a special emphasis placed on those mothers whose children have served in the armed forces of the United States and especially those mothers whose children have given their lives in service to their country, to be located in West Virginia.

Referred to the Committee on Government Organization.

Executive Communications

Senator Kessler (Mr. President) laid before the Senate the following communication from His Excellency, the Governor:

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

February 19, 2014

The Honorable Jeffrey V. Kessler

President, West Virginia Senate

The Honorable Timothy Miley

Speaker, West Virginia House of Delegates

State Capitol

Charleston, West Virginia

Dear President Kessler and Speaker Miley:

After the submission of my recommended FY 2015 Executive Budget on January 8, 2014, there have been a few areas that require adjustments and, therefore, I would like to provide you with additional recommended revisions to the TITLE II – APPROPRIATIONS:Section 1. Appropriations from general revenue.

Executive

Governor’s Office, Fund 0101, Fiscal Year 2015, Org 0100

(To move funding for GOHELP to DHHR.)

● Decrease “GOHELP” Appropriation 11600 by $250,651.

Governor’s Office-Civil Contingent Fund, Fund 0105, Fiscal Year 2015, Org 0100

(To add funding for WVTAP home water testing project.)

● Add “Civil Contingent Fund - Total (R)” Appropriation 11400 for $762,300.

Department of Administration

Division of General Services, Fund 0230, Fiscal Year 2015, Org 0211

(To clarify that funds can be used for all state-owned buildings.)

● Add the language, “The above appropriation to Capital Outlay, Repairs and Equipment (appropriation 58900) shall be expended for capital improvements, maintenance, repairs and equipment for state-owned buildings.”

Department of Commerce

Division of Forestry, Fund 0250, Fiscal Year 2015, Org 0305

(To correct a drafting error and move funding to DHHR for Pill Mill Investigators.)

● Decrease “Equipment” Appropriation 07000 by $500,000.

Department of Education

State Board of Education-State Department of Education, Fund 0313, Fiscal Year 2015, Org 0402

(To fully fund the Teachers’ Retirement Savings Realized according to the final actuarial calculations.)

● Add “Teachers’ Retirement Savings Realized” Appropriation 09500 for $304,000.

● Add the language, “The above appropriation for Teachers’ Retirement Savings Realized (fund 0313, appropriation 09500) shall be transferred to the Employee Pension and Health Care Benefit Fund (fund 2044).”

State Department of Education-State Aid to Schools, Fund 0317, Fiscal Year 2015, Org 0402

(To adjust School Aid Formula based on latest estimates.)

● Increase “Other Current Expenses” Appropriation 02200 by $2,854,055.

● Decrease “Service Personnel” Appropriation 15200 by $1,516,996.

● Decrease “Fixed Charges” Appropriation 15300 by $64,131.

● Decrease “Professional Student Support Services” Appropriation 65500 by $743,125.

● Decrease “Improved Instructional Program” Appropriation 05600 by $2,449,728.

● Increase “21st Century Strategic Technology Learning Growth” Appropriation 93600 by $1,034,059.

● Decrease “Less Local Share” line by $6,101,195 from ($443,503,272) to ($437,402,077).

● Increase “Teachers’ Retirement System” Appropriation 01900 by $55,531.

● Decrease “Retirement Systems - Unfunded Liability” Appropriation 77500 by $9,836,000.

State Board of Education-Division of Education Performance Audits, Fund 0573, Fiscal Year 2015, Org 0402

(To provide for additional staff to perform audits.)

● Increase “Personal Services and Employee Benefits” Appropriation 00100 by $600,000.

Department of Education and the Arts

Educational Broadcast Authority, Fund 0300, Fiscal Year 2015, Org 0439

(To maintain FY 2014 funding for Personal Services.)

● Increase “Personal Services and Employee Benefits” Appropriation 00100 by $392,803.

● Decrease “Current Expenses” Appropriation 13000 by $392,803.

Department of Health and Human Resources

Department of Health and Human Resources-Office of the Secretary, Fund 0400, Fiscal Year 2015, Org 0501

(To move funding for GOHELP from the Governor’s Office.)

● Add “GOHELP” Appropriation 11600 for $250,651.

Division of Human Services, Fund 0403, Fiscal Year 2015, Org 0511

(To correct drafting error and move Pill Mill Investigators from Division of Forestry, to increase funds for Medicaid due to revised state match requirement for FY 2015, based on latest information, and to replace some of the reduction in the adjusted FY 2014 surplus supplemental appropriation bill.)

● Increase “Personal Services and Employee Benefits” Appropriation 00100 by $500,000.

● Increase “Medical Services” Appropriation 18900 by $5,719,408.

Department of Military Affairs and Public Safety

Department of Military Affairs and Public Safety-Office of the Secretary, Fund 0430, Fiscal Year 2015, Org 0601

(To provide additional funding for WV Fire and EMS Survivor Benefit and the Law-Enforcement, Safety and Emergency Workers Funeral Expense Payment Fund.)

● Increase “Directed Transfer” Appropriation 70000 by $7,000.

● Increase “WV Fire and EMS Survivor Benefit” Appropriation 93900 by $100,000.

West Virginia State Police, Fund 0453, Fiscal Year 2015, Org 0612

(To adjust the Trooper Retirement Fund contribution according to the final actuarial calculations.)

● Decrease “Trooper Retirement Fund” Appropriation 60500 by $145,302.

● Decrease “Retirement Systems - Unfunded Liability” Appropriation 77500 by $2,203,000.

Department of Transportation

Division of Public Transit, Fund 0510, Fiscal Year 2015, Org 0805

(To add reappropriation language for projects expected to not be completed by June 30, 2014.)

● Add “(R)” next to the appropriation for “Equipment” Appropriation 07000 and “Other Assets” Appropriation 69000.

● Amend the language following fund 0510 to read as follows:

“Any unexpended balances remaining in the appropriations for Unclassified-Total (fund 0510, appropriation 09600), Current Expenses (fund 0510, appropriation 13000), Equipment (fund 0510, appropriation 07000), Buildings (fund 0510, appropriation 25800), and Other Assets (fund 0510, appropriation 69000) at the close of the fiscal year 2014 are hereby reappropriated for expenditure during the fiscal year 2015.”

Department of Veterans’ Assistance

Department of Veterans’ Assistance, Fund 0456, Fiscal Year 2015, Org 0613

(To adjust funding between appropriations.)

● Increase “Personal Services and Employee Benefits” Appropriation 00100 by $250,000.

● Decrease “Veterans’ Nursing Home” Appropriation 28600 by $250,000.

Section 3. Appropriations from other funds.

Department of Administration

Department of Administration-Office of the Secretary-Employee Pension and Health Care Benefit Fund, Fund 2044, Fiscal Year 2015, Org 0201

(To allow for the full transfer of the Teachers’ Retirement Savings Realized.)

● Increase “Current Expenses” Appropriation 13000 by $304,000.

Department of Commerce

Division of Forestry-Timbering Operation Enforcement Fund, Fund 3082, Fiscal Year 2015, Org 0305

(To move positions from General Revenue due to budget reduction.)

● Increase “Personal Services and Employee Benefits” Appropriation 00100 by $120,000.

Department of Military Affairs and Public Safety

Department of Military Affairs and Public Safety-Office of the Secretary-Law-Enforcement, Safety and Emergency Worker Funeral Expense Payment Fund, Fund 6003, Fiscal Year 2015, Org 0601

(To allow for payment of funeral expenses.)

● Increase “Current Expenses” Appropriation 13000 by $7,000.

Higher Education Policy Commission

Tuition Fee Revenue Bond Construction Fund, Fund 4906, Fiscal Year 2015, Org 0442

(To correct a drafting error in the language.)

● Amend the reappropriation language following fund 4906 to read as follows:

“Any unexpended balance remaining in the appropriation for Capital Outlay (fund 4906, appropriation 51100) at the close of the fiscal year 2014 is hereby reappropriated for expenditure during the fiscal year 2015.”

Miscellaneous Boards and Commissions

WV Board of Examiners for Registered Professional Nurses, Fund 8520, Fiscal Year 2015, Org 0907

(To increase spending authority to continue funding for two positions.)

● Increase “Personal Services and Employee Benefits” Appropriation 00100 by $155,009.

● Increase “Current Expenses” Appropriation 13000 by $6,500.

● Increase “Equipment” Appropriation 07000 by $5,000.

● Increase “Other Assets” Appropriation 69000 by $2,000.

Section 6. Appropriations of federal funds.

Department of Education and the Arts

Educational Broadcasting Authority, Fund 8721, Fiscal Year 2015, Org 0439

(To increase federal spending authority for a U.S. Department of Agriculture grant to update the Charleston Studio.)

● Increase “Equipment” Appropriation 07000 by $250,000.

Department of Veterans’ Assistance

Department of Veterans’ Assistance, Fund 8830, Fiscal Year 2015, Org 0613

(To continue federal spending authority from FY 2014 supplemental appropriation.)

● Increase “Personal Services and Employee Benefits” by $2,000,000.

Department of Veterans’ Assistance-Veterans’ Home, Fund 8728, Fiscal Year 2015, Org 0618

(To increase federal spending authority for facility improvements.)

● Increase “Personal Services and Employee Benefits” Appropriation 00100 by $150,000.

● Increase “Current Expenses” Appropriation 13000 by $28,000.

● Increase “Repairs and Alterations” Appropriation 06400 by $120,000.

● Increase “Equipment” Appropriation 07000 by $98,000.

● Increase “Buildings” Appropriation 25800 by $20,000.

Section 8. Awards for claims against the state.

Please amend the language to read as follows:

“There are hereby appropriated for fiscal year 2015, from the fund as designated, in the amounts as specified, general revenue funds in the amount of $2,920,734, special revenue funds in the amount of $351,398, and state road funds in the amount of $611,755 for payment of claims against the state.”

Thank you for your time and consideration of this matter. Your cooperation is always appreciated. Should you have any questions or require additional information, please call me at any time.

Sincerely,

Earl Ray Tomblin,

Governor.

Which communication was received and referred to the Committee on Finance.

Senator Kessler (Mr. President) then laid before the Senate the following communication from His Excellency, the Governor:

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

February 19, 2014

The Honorable Jeffrey V. Kessler

President, West Virginia Senate

The Honorable Timothy Miley

Speaker, West Virginia House of Delegates

State Capitol

Charleston, West Virginia

Dear President Kessler and Speaker Miley:

After the submission of my recommended FY 2014 General Revenue Unappropriated Surplus Balance Supplemental Bill (SB 344/HB 4179) on January 14, 2014, there have been a few areas that require adjustments and, therefore, I would like to provide you with additional recommended revisions to the FY 2014 Surplus Supplemental Bill.

As the current fiscal year has progressed, the revenue collections are running behind the estimates for the first seven months of the year. The estimated year-end revenue deficit is now projected to be higher than the previous estimated deficit of $60 million.

The attached revision to this FY 2014 Surplus Supplemental Bill reduces $43 million of expirations and also reduces the recommended appropriation to Medicaid by $43 million. These changes, combined with my recommended adjustments to the FY 2014 General Revenue Supplemental Bill (SB 345/HB 4180) and the FY 2015 Budget Bill, will help to balance the current and upcoming fiscal years.

Thank you for your time and consideration of this matter. Your cooperation is always appreciated. Should you have any questions or require additional information, please call me at any time.

Sincerely,

Earl Ray Tomblin,

Governor.

Which communication was received and referred to the Committee on Finance.

Senator Kessler (Mr. President) next laid before the Senate the following communication from His Excellency, the Governor:

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

February 19, 2014

The Honorable Jeffrey V. Kessler

President, West Virginia Senate

The Honorable Timothy Miley

Speaker, West Virginia House of Delegates

State Capitol

Charleston, West Virginia

Dear President Kessler and Speaker Miley:

After the submission of my recommended FY 2014 General Revenue Unappropriated Balance Supplemental Bill (SB 345/HB 4180) on January 14, 2014, there have been a few areas that require adjustments and, therefore, I would like to provide you with additional recommended revisions to the FY 2014 Supplemental Bill.

The attached revisions to this FY 2014 Supplemental Bill increase the expirations to the FY 2014 General Revenue Unappropriated Balance by $43 million. This change, combined with my recommended adjustments to the FY 2014 General Revenue Surplus Supplemental Bill (SB 344/HB 4179) and the FY 2015 Budget Bill, will help to balance the current and upcoming fiscal years.

Thank you for your time and consideration of this matter. Your cooperation is always appreciated. Should you have any questions or require additional information, please call me at any time.

Sincerely,

Earl Ray Tomblin,

Governor.

Which communication was received and referred to the Committee on Finance.

The Senate proceeded to the fourth order of business.

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

Your Committee on Finance has had under consideration

Com. Sub. for Senate Joint Resolution No. 10, Proposing constitutional amendment designated Right of People to Hunt, Fish, Harvest Game in WV Amendment.

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

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

At the request of Senator Prezioso, unanimous consent being granted, the resolution (Com. Sub. for S. J. R. No. 10) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.

On motion of Senator Prezioso, the resolution was rereferred 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 Joint Resolution No. 12, Proposing constitutional amendment designated Claiming WV Water Resources for Use and Benefit of its Citizens Amendment.

Now on second reading, having been read a first time and referred to the Committee on Finance on February 19, 2014;

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

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. 379 (originating in the Committee on Government Organization), Reclassifying counties.

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

Com. Sub. for Com. Sub. for Senate Bill No. 379 (originating in the Committee on Finance)--A Bill to amend and reenact §7-7-3, §7-7-4 and §7-7-6b of the Code of West Virginia, 1931, as amended, all relating to counties; reclassifying counties from ten classes to five classes; authorizing an increase in the salaries of county commissioners and elected county officials; clarifying that the salary increases for county commissioners and elected county officials take effect with the new term of office; providing that the State Auditor shall not be held liable for relying upon information and data provided by a county commission in certifying a county’s annual budget; and clarifying assessors’ additional compensation classifications.

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

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 379) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.

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. 391 (originating in the Committee on Education), Providing salary increase for teachers and school service personnel.

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

Com. Sub. for Com. Sub. for Senate Bill No. 391 (originating in the Committee on Finance)--A Bill to amend and reenact §18A-4-2 and §18A-4-8a of the Code of West Virginia, 1931, as amended, all relating to teacher and school service personnel salary increases; establishing a salary goal for certain teachers; adjusting effective dates; and revising state minimum salary schedules for teachers and school service personnel.

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

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 391) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.

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. 432, Relating to calculating local share.

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

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 432) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.

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. 439, Permitting Ohio County Commission levy special district excise tax for Fort Henry.

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

Com. Sub. for Senate Bill No. 439 (originating in the Committee on Finance)--A Bill to amend and reenact §7-22-9 and §7-22-15 of the Code of West Virginia, 1931, as amended, all relating to permitting the Ohio county commission to levy a special district excise tax; increasing the Fort Henry economic opportunity development project district from three hundred to five hundred contiguous acres of land; specifying that the Fort Henry Economic Opportunity Development District shall not be abolished until the year 2044, unless sooner abolished by the county commission after notice of public hearing; specifying that any district for which legislative authorization of the county commission to levy special district excise taxes was enacted after December 31, 2013, shall cease to exist and be abolished by operation of law on December 31 of the thirtieth calendar year subsequent to the year of enactment of such legislative authorization to levy special district excise taxes in the district; specifying that any district for which legislative authorization of the county commission to levy special district excise taxes was enacted prior to December 31, 2013, shall cease to exist and be abolished by operation of law on December 31 of the thirtieth calendar year subsequent to the initial year of enactment of such legislative authorization to levy special district excise taxes in the district, if an amendment to the district boundary, size or acreage is authorized, or other amendment relating to the district is authorized, after December 31, 2013; specifying that special district excise tax may not be levied, imposed or collected in or from an abolished district or from or on any business located therein or on any transaction occurring therein after the cessation and abolishment of the district; specifying that nothing in this code shall not be interpreted to abrogate or hinder the authority of the Tax Commissioner to collect, receive, process or administer any special district excise tax accrued, due or payable for any tax period prior to the cessation and abolishment of the district, or to audit and issue assessments of tax, interest, additions to tax and penalties for the collection, remittance and enforcement thereof; specifying that upon cessation and abolishment of a district, the consumers sales and service tax and use tax and municipal consumers sales and service tax and use tax, if applicable, shall be imposed, collected, levied and remitted, as provided by law for sales and uses in the previously authorized district; and providing definitions.

With the recommendation that the committee substitute do pass.

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 439) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.

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

Com. Sub. for Senate Bill No. 628, Creating Healthy Children and Healthy Communities Act.

Now on second reading, having been read a first time and referred to the Committee on Health and Human Resources on February 19, 2014;

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

Respectfully submitted,

Ron Stollings,

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. 631 (originating in the Committee on Government Organization)--A Bill to extend the time for the city council of the Town of Fayetteville, Fayette County, to meet as a levying body for the purpose of presenting to the voters of the city an election to supplement current funds for the laying, repair and maintenance of the streets and sidewalks, and for the purpose of paying all costs incurred in the laying of this additional levy from between March 7 and March 28 and the third Tuesday in April until May 31, 2014.

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

Respectfully submitted,

Herb Snyder,

Chair.

At the request of Senator Snyder, unanimous consent being granted, the bill (S. B. No. 631) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time and ordered to second reading.

The Senate proceeded to the sixth order of business.

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

Senate Concurrent Resolution No. 45--Requesting the Division of Highways to name a section of West Virginia Route 3 near Chapmanville, Logan County, West Virginia, lying between County Route 3/1 and County Route 3/16, consisting of approximately 1.2 miles and locally known as Smoke House Fork Crawley Creek Road, the “Army Colonel Anna M. Butcher Road”.

Whereas, Anna M. Butcher was born in Shively, West Virginia, attended Chapmanville High School from 1940 to 1942 and graduated from Logan General Hospital School of Nursing in 1946; and

Whereas, Anna M. Butcher, the daughter of Mr. and Mrs. T. E. Butcher, grew up with four sisters and three brothers; and

Whereas, Anna M. Butcher entered the United States Army Nurse Corps in November of 1951, and completed basic training at Fort Meade, Maryland, in December of 1951; and

Whereas, First Lieutenant Anna M. Butcher was assigned as a staff nurse to Fort Belvoir, Virginia, in December, 1951; and

Whereas, Anna M. Butcher enjoyed a long and distinguished career in the Army Nurse Corps, reaching the rank of Colonel before retiring; and

Whereas, Col. Anna M. Butcher completed assignments with increasing responsibilities as staff nurse, head nurse or chief nurse at U. S. Army medical facilities in Korea, Vietnam, Germany and Japan, as well as at home in Kentucky, Alabama, Virginia and Washington, D. C.; and

Whereas, Army Col. Anna M. Butcher’s last assignment before retiring was as Chief of the Department of Nursing at the U. S. Army Hospital in Fort Polk, Louisiana; and

Whereas, Col. Anna M. Butcher was awarded a Bronze Star, Army Commendation Medal with two oak leaf clusters and a Meritorious Service Medal; and

Whereas, Following her military career, Col. Anna M. Butcher returned home to her native Logan County where she cared for family and friends and continues to live and serve her community; and

Whereas, It is the wish of the Legislature to commemorate the service Col. Butcher offered to her country and to the many sick and injured members of the military; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name a section of West Virginia Route 3 near Chapmanville, Logan County, West Virginia, lying between County Route 3/1 and County Route 3/16, consisting of approximately 1.2 miles and locally known as Smoke House Fork Crawley Creek Road, the “Army Colonel Anna M. Butcher Road”; and, be it

Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the roadway containing bold and prominent letters proclaiming the road to be the “Army Colonel Anna M. Butcher Road”; 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.

Which, under the rules, lies over one day.

Senators D. Hall, Stollings, Plymale, Tucker, Jenkins and Green offered the following resolution:

Senate Concurrent Resolution No. 46--Requesting that the Division of Highways renovate Toney’s Fork Road to use as a state road providing an alternate route to the City of Beckley.

Whereas, State Route 3 is the only major road leading to the City of Beckley for communities west of Beckley, such as Whitesville, Naoma and Clear Creek; and

Whereas, When Route 3 is closed due to emergencies, there is no quick path to the City of Beckley; and

Whereas, Toney’s Fork Road on the border of Fayette County and Raleigh County is a coal-mining road that is in a perfect position to provide an alternate route to Beckley via Interstate 77; and

Whereas, Toney’s Fork Road is an old road that requires renovation to be used safely for heavy traffic; and

Whereas, The City of Beckley is an important metro area for many citizens in southern West Virginia; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to renovate Toney’s Fork Road to use as a state road providing an alternate route to the City of Beckley; and, be it

Further Resolved, That this new state road should be used for travel in the place of Route 3 if the latter cannot be used; and, be it

Further Resolved, That in conjunction with Route 1, people can travel to Beckley without using Route 3 at all by using this proposed road.

Which, under the rules, lies over one day.

Senators Laird, Stollings, Plymale and Jenkins offered the following resolution:

Senate Concurrent Resolution No. 47--Requesting the Division of Highways to rename the road from the entrance of the Summit Betchel Family National Scout Reserve to Route 61, known as Mill Road or Garden Ground Mountain Road, as “Jack Furst Drive” to match the name of the road through the Summit Betchel Family National Scout Reserve.

Whereas, Mr. Furst developed an interest in the Cub Scout and Boy Scout programs during his youth and, as an adult, became an Eagle Scout; and

Whereas, Mr. Furst serves as an officer and executive board member of Circle Ten Council of the Boy Scouts of America in Dallas, Texas; as an executive board member of Longhorn Council of the Boy Scouts of America in Fort Worth, Texas; and as an officer and executive board member of the National Council of the Boy Scouts of America; and

Whereas, Mr. Furst is the head volunteer that oversees all of the national council’s high adventure programs that serve over fifty thousand scouts and scouters a year; and

Whereas, Mr. Furst serves as a team leader for developing and programming the Summit Betchel Family National Scout Reserve near Mount Hope, West Virginia, the home of the National Scout Jamboree; and

Whereas, As an adult, Mr. Furst’s scouting activity honors include the Silver Beaver Award, the Silver Antelope Award, the Silver Buffalo Award and The Order of the Arrow’s Vigil Honor Award; and

Whereas, In 2007, Mr. Furst had the privilege to serve as head of the United States Contingent at the World Jamboree in Chelmsford, England, where four thousand five hundred scouts and scouters from America attended. He is 21st Century Wood Badge trained, has staffed several Wood Badge courses held at Philmont and the Florida Sea Base and has been a course director; and

Whereas, Mr. Furst is a distinguished private equity investor. He manages his own capital, making investments in real estate, oil and gas, fixed income securities and public and private equities. He has over twenty-five years of private investment experience, completing over $50 billion in transactions which resulted in attractive returns for investors; and

Whereas, Mr. Furst was a founding partner in HM Capital Partners, established in 1989, specializing in private investments of companies primarily serving the energy, financial services, food, manufacturing and media sectors of the economy. Prior to founding HM Capital, Mr. Furst was a partner at Hicks & Haas Incorporated, a private investment firm from 1987 to 1989. From 1984 to 1986, he was a merger and acquisition/corporate finance specialist for The First Boston Corporation in New York. Before joining First Boston, Mr. Furst was a financial consultant at Price Waterhouse in Phoenix, Arizona; and

Whereas, Mr. Furst received his B. S. degree with honors from the College of Business Administration at Arizona State University and his M. B. A. degree with honors from the Graduate School of Business at the University of Texas at Austin; and

Whereas, Mr. Furst serves as a member of the University of Texas at Austin McComb’s School of Business Advisory Council and is a founding Advisory Council member of the MBA Investment Fund. Mr. Furst is also an Adjunct Professor at the University of North Texas, the “Harvard of the Southwest”, where he teaches finance and investments; and

Whereas, Mr. Furst is a founding family and board member of Cross Timbers Community Church in Argyle, Texas; is an advisory board member of Christian Community Action in Lewisville, Texas; and serves as a trustee and board member of the National Safety Council in Chicago; and

Whereas, Mr. Furst is a 1998 Henry Crown Fellow, a fellowship of leaders that is administered by the Aspen Institute. He was inducted into W. P. Carey School of Business Hall of Fame at Arizona State University in 1999. In 2003, Mr. Furst received the Outstanding Young Texas Ex Award and in 2008 he received the W. P. Carey School of Business Distinguished Alumni Achievement Award. Mr. Furst also serves on the boards of directors of several companies; and

Whereas, Mr. Furst and his wife Debra have two children, Jackson and Jordan, and they reside at their ranch in Argyle, Texas; and

Whereas, It is fitting to commend Jack D. Furst’s long-term passion, commitment and dedication to the Boy Scouts program and the Summit Betchel Family National Scout Reserve near Mount Hope, West Virginia; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to rename the road from the entrance of the Summit Betchel Family National Scout Reserve to Route 61, known as Mill Road or Garden Ground Mountain Road, as “Jack Furst Drive” to match the name of the road through the Summit Betchel Family National Scout Reserve; and, be it

Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs at both ends of the road identifying it as “Jack Furst Drive”; 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, the Boy Scouts of America and Jack D. Furst.

Which, under the rules, lies over one day.

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

Senate Concurrent Resolution No. 48--Requesting the Division of Highways to name a one-mile section of Buffalo Creek Road, beginning at the intersection of Route 10 and extending through the Town of Man, West Virginia, and which is also known as Main Street, the “U. S. Army SP4 Terry Robert Albright Memorial Road”.

Whereas, Terry Robert Albright was born on February 1, 1950, the son of Robert and Sylvia Bailey Albright; and

Whereas, Terry Robert Albright attended public schools in Logan County and graduated from Man High School in 1968; and

Whereas, Terry Robert Albright entered the Army on September 17, 1969, and was deployed to Vietnam on April 4, 1970; and

Whereas, Specialist 4th Class Terry Robert Albright was serving with the 3rd Squadron, 4th Cavalry Regiment, B Troop when he was killed in Vietnam on October 11, 1970; and

Whereas, Specialist 4th Class Terry Robert Albright's military awards include the Vietnam Gallantry Cross Unit Citation, Order of the Spur, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal and expert badge with rifle and automatic rifle medallions; and

Whereas, Specialist 4th Class Terry Robert Albright's name appears on the Vietnam War Memorial, Panel 07W Line 125; and

Whereas, Terry Robert Albright is survived by a brother, Kerry Albright, who lived through the infamous Buffalo Creek Flood in 1972 as an infant and became known as the “miracle baby of Buffalo Creek”; and

Whereas, Terry Robert Albright's mother, Sylvia, and brother, Steven, were among the one hundred twenty-five people who perished in the Buffalo Creek Flood, and his father, Robert, passed away in 2000; and

Whereas, It is only fitting that an appropriate memorial recognizing Specialist 4th Class Terry Robert Albright'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 a one-mile section of Buffalo Creek Road, beginning at the intersection of Route 10 and extending through the Town of Man, West Virginia, and which is also known as Main Street, the “U. S. Army SP4 Terry Robert Albright Memorial Road”; 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 section of Buffalo Creek Road the “U. S. Army SP4 Terry Robert Albright 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 Commissioner of the Division of Highways and to Terry Robert Albright’s brother, Kerry Albright, and his cousin, Kathy Yeager.

Which, under the rules, lies over one day.

Senators Plymale, Wells, Kessler (Mr. President), Stollings, Williams, Tucker, Snyder, Cole, Jenkins, D. Hall, Green, McCabe and Prezioso offered the following resolution:

Senate Resolution No. 36--Designating Friday, February 21, 2014, as Higher Education Day at the Legislature.

Whereas, The foundation of any society’s success is the degree to which its citizens are educated; and

Whereas, The citizens of West Virginia are committed to supporting higher education; and

Whereas, West Virginia’s colleges and universities increase the knowledge base of West Virginia’s students, as well as those from other states; and

Whereas, West Virginia’s education system will help students achieve their education goals and meet the workforce needs of West Virginia and the United States; and

Whereas, Not only does the education system contribute to the economic vitality of the state, but it enriches the culture and life of all communities and regions within the state and outside its boundaries; and

Whereas, West Virginia’s colleges and universities advance the development of technology, partner in business and industry, conduct groundbreaking research and improve lives through advanced health care; and

Whereas, Through the services of outstanding faculty, staff, administration and executive leadership, West Virginia’s colleges and universities have developed student-centered programs and curriculums; therefore, be it

Resolved by the Senate:

That the Senate hereby designates Friday, February 21, 2014, as Higher Education Day at the Legislature; and, be it

Further Resolved, That the Senate recognizes the commitment to excellence that the leaders of our colleges and universities have demonstrated; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials representing Higher Education Day at the Legislature.

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

Thereafter, at the request of Senator Unger, and by unanimous consent, the remarks by Senator Plymale regarding the adoption of Senate Resolution No. 36 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, at the request of Senator Unger, and by unanimous consent, 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. 49 (originating in the Committee on Health and Human Resources)--Requesting the Joint Committee on Government and Finance authorize the Legislative Oversight Commission on Health and Human Resources Accountability to study the responsibilities for the protection and care of children as well as implementing a standardized comprehensive universal assessment tool that assesses the needs and strengths of children as well as their caregivers as the accepted system for outcomes evaluation in the State of West Virginia.

Whereas, Children are some of the most vulnerable citizens and are the future generations of West Virginians and they deserve the best care the state can provide; and

Whereas, The Department of Health and Human Resources would benefit from adopting a comprehensive universal assessment tool that would be used for total clinical outcomes management providing greater care of children in the foster care system; and

Whereas, The National Governor’s Association selected West Virginia as one of the seven states to participate in the Three Branch Institute on Child Social and Emotional Well-Being; and

Whereas, One of the expected outcomes of the Three Branch Institute is an assessment tool with the goal of creating a more comprehensive approach to providing child welfare services in West Virginia; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Joint Committee on Government and Finance authorize the Legislative Oversight Commission on Health and Human Resources Accountability to study the responsibilities for the protection and care of children as well as implementing a standardized comprehensive universal assessment tool that assesses the needs and strengths of children as well as their caregivers as the accepted system for outcomes evaluation in the State of West Virginia; and, be it

Further Resolved, That the Legislative Oversight Commission on Health and Human Resources Accountability is requested to study responsibilities for the protection and care of children as well as implementing a standardized comprehensive universal assessment tool; and, be it

Further Resolved, That the Legislative Oversight Commission on Health and Human Resources Accountability is requested to assess the findings of the Three Branch Institute and to study these recommendations with a goal toward creating a universal comprehensive assessment tool for child welfare; 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

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

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

Respectfully submitted,

Ron Stollings,

Chair.

At the request of Senator Stollings, unanimous consent being granted, the resolution (S. C. R. No. 49) contained in the preceding report from the Committee on Health and Human Resources was taken up for immediate consideration.

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

The Senate proceeded to the eighth order of business.

Eng. Com. Sub. for Com. Sub. for Senate Bill No. 252, Allowing certain expelled students to return to school through Juvenile Drug Court.

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. 252) 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. 318, Setting fees for manufacture, distribution, dispensing and research of controlled substances.

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. 318) 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. 383, Permitting certain residential real estate owners limited exemptions from licensing requirements.

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. 383) passed with its title.

Senator Unger moved that the bill take effect July 1, 2014.

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. 383) takes effect July 1, 2014.

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

Eng. Com. Sub. for Com. Sub. for Senate Bill No. 414, Redirecting nonprobate appraisement filings.

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 Com. Sub. for S. B. No. 414) passed with its title.

Senator Unger moved that the bill take effect July 1, 2014.

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 Com. Sub. for S. B. No. 414) takes effect July 1, 2014.

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. 424, Regulating unlicensed off-road motorcycles within Hatfield-McCoy Regional Recreation Area.

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. 424) 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. 456, Extending expiration date for health care provider tax on eligible acute care hospitals.

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. 456) 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. 456) 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. 461, Creating Future Fund.

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. 461) 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. 468, Providing for Veterans Medal and Service Cross.

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

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

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

On third reading, coming up in regular order, with the right having been granted on yesterday, Thursday, February 20, 2014, for amendments to be received on third reading, was reported by the Clerk.

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

On page three, section fourteen, line thirty, following the word “conferences.” by inserting the following: This does not prohibit any teacher from conducting a meeting, as prescribed, at his or her discretion.

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

Engrossed Committee Substitute for Senate Bill No. 477 was then 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. 477) 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. 485, Exempting DOH from certain permitting requirements of Natural Stream Preservation Act.

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. 485) 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. 487, Authorizing municipal sales tax.

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 Senate Bill No. 487 pass?”

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. 487) 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. 507, Relating to Board of Barbers and Cosmetologists.

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. 507) passed with its title.

Senator Unger moved that the bill take effect July 1, 2014.

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. 507) takes effect July 1, 2014.

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

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

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. 558) 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. 558) 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. 559, Eliminating annual report late fees charged by Secretary of State.

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. 559) passed with its title.

Senator Unger moved that the bill take effect July 1, 2014.

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. 559) takes effect July 1, 2014.

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

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

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. 583) 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. 583) 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. 585, Removing unconstitutional language regarding access to rail lines.

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. 585) 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. 586, Removing unconstitutional language regarding jurors and verdicts permitted in certain civil litigation.

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. 586) 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. 600, Relating to municipal ordinance compliance regarding dwellings unfit for habitation and vacant buildings and properties.

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. 600) 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. 601, Removing unconstitutional language regarding relief in circuit court against erroneous assessments.

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. 601) 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. 603, Relating to testing for presence of methane in underground mines.

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. 603) 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. 619, Exempting certain critical access hospitals from certificate of need requirement.

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. 619) 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. 621, Authorizing insurers offer flood insurance.

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. 621) 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 Com. Sub. for Senate Bill No. 30, Exempting autocycles from license examination and safety equipment requirements.

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

Com. Sub. for Com. Sub. for Senate Bill No. 95, Creating felony offense for DUI causing serious bodily injury.

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. 140, Authorizing Department of Commerce 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. 181, Authorizing Department of Administration 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. 253, Clarifying code for Community-Based Pilot Demonstration Project to Improve Outcomes for At-Risk Youth.

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

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

On page two, section two, lines twelve through fourteen, by striking out the words “Executive Director or the Chancellor of the Community and Technical College System” and inserting in lieu thereof the words “Chancellor for Community and Technical College Education”;

On page two, section two, lines eighteen and nineteen, by striking out the words “of the Higher Education Policy Commission” and inserting in lieu thereof the words “for Higher Education”;

And,

On page three, section four, lines eight and nine, by striking out the words “of the Higher Education Policy Commission, Chancellor of the Community and Technical College System” and inserting in lieu thereof the words “for Higher Education, the Chancellor for Community and Technical College Education”.

The bill (Com. Sub. for S. B. No. 253), as amended, was then ordered to engrossment and third reading.

Com. Sub. for Com. Sub. for Senate Bill No. 317, Relating to municipal firearm laws.

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

On motion of Senator Sypolt, the following amendment to the bill was reported by the Clerk:

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

That §8-1-5a of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §8-12-5a of said code be amended and reenacted, all to read as follows:

ARTICLE 1. PURPOSE AND SHORT TITLE; DEFINITIONS; GENERAL PROVISIONS; CONSTRUCTION.

§8-1-5a. Municipal Home Rule Pilot Program.

(a) Legislative findings. -- The Legislature finds and declares that:

(1) The initial Municipal Home Rule Pilot Program brought innovative results, including novel municipal ideas that became municipal ordinances which later resulted in new statewide statutes;

(2) The initial Municipal Home Rule Pilot Program also brought novel municipal ideas that resulted in court challenges against some of the participating municipalities;

(3) The Municipal Home Rule Board was an essential part of the initial Municipal Home Rule Pilot Program but it lacked some needed powers and duties;

(4) Municipalities still face challenges delivering services required by federal and state law or demanded by their constituents;

(5) Municipalities are sometimes restrained by state statutes, policies and rules that challenge their ability to carry out their duties and responsibilities in a cost-effective, efficient and timely manner;

(6) Continuing the Municipal Home Rule Pilot Program is in the public interest; and

(7) Increasing the powers and duties of the Municipal Home Rule Board will enhance the Municipal Home Rule Pilot Program.

(b) Continuance of pilot program. -- The Municipal Home Rule Pilot Program is continued until July 1, 2019. The ordinances enacted by the four participating municipalities pursuant to the initial Municipal Home Rule Pilot Program are hereby authorized and may remain in effect until the ordinances are repealed, but are null and void if amended and such amendment is not approved by the Municipal Home Rule Board: Provided, That any ordinance enacting a municipal occupation tax is hereby null and void.

(1) Commencing July 1, 2013, twenty Class I, Class II, Class III and/or Class IV municipalities that are current in payment of all state fees may participate in the Municipal Home Rule Pilot Program pursuant to the provisions of this section.

(2) The four municipalities participating in the pilot program on July 1, 2012, are hereby authorized to continue in the pilot program and may amend current written plans and/or submit new written plans in accordance with the provisions of this section.

(3) If any of the four municipalities participating in the pilot program on July 1, 2012, do not want to participate in the pilot program, then on or before June 1, 2014, the municipality must submit a written letter to the board indicating the municipality’s intent not to participate and the board may choose another municipality to fill the vacancy: Provided, That if a municipality chooses not to participate further in the pilot program, its ordinances enacted pursuant to the Municipal Home Rule Pilot Program are hereby authorized and may remain in effect until the ordinances are repealed, but are null and void if amended: Provided, however, That any ordinance enacting a municipal occupation tax is null and void.

(d) Municipal Home Rule Board. -- The Municipal Home Rule Board is hereby continued. The board members serving on the board on July 1, 2012, may continue to serve, except that the chair of the Senate Committee on Government Organization and the chair of the House Committee on Government Organization shall be ex officio nonvoting members. Effective July 1, 2013, the Municipal Home Rule Board shall consist of the following five voting members:

(1) The Governor, or a designee, who shall serve as chair;

(2) The Executive Director of the West Virginia Development Office or a designee;

(3) One member representing the Business and Industry Council, appointed by the Governor with the advice and consent of the Senate;

(4) One member representing the largest labor organization in the state, appointed by the Governor with the advice and consent of the Senate; and

(5) One member representing the West Virginia Chapter of American Institute of Certified Planners, appointed by the Governor with the advice and consent of the Senate.

(e) Board's powers and duties. -- The Municipal Home Rule Board has the following powers and duties:

(1) Review, evaluate, make recommendations and approve or reject, by a majority vote of the board, each aspect of the written plan submitted by a municipality;

(2) By a majority vote of the board, select, based on the municipality's written plan, new Class I, Class II, Class III and/or Class IV municipalities to participate in the Municipal Home Rule Pilot Program;

(3) Review, evaluate, make recommendations and approve or reject, by a majority vote of the board, the amendments to the written plans submitted by municipalities;

(4) Approve or reject, by a majority vote of the board, each ordinance submitted by a participating municipality pursuant to its written plan or its amendments to the written plan;

(5) Consult with any agency affected by the written plans or the amendments to the written plans; and

(6) Perform any other powers or duties necessary to effectuate the provisions of this section.

(f) Written plan. -- On or before June 1, 2014, a Class I, Class II, Class III or Class IV municipality desiring to participate in the Municipal Home Rule Pilot Program shall submit a written plan to the board stating in detail the following:

(1) The specific laws, acts, resolutions, policies, rules or regulations which prevent the municipality from carrying out its duties in the most cost-efficient, effective and timely manner;

(2) The problems created by the laws, acts, resolutions, policies, rules or regulations;

(3) The proposed solutions to the problems, including all proposed changes to ordinances, acts, resolutions, rules and regulations: Provided, That the specific municipal ordinance instituting the solution does not have to be included in the written plan; and

(4) A written opinion, by an attorney licensed to practice in West Virginia, stating that the proposed written plan does not violate the provisions of this section.

(g) Public hearing on written plan. -- Prior to submitting its written plan to the board, the municipality shall:

(1) Hold a public hearing on the written plan;

(2) Provide notice at least thirty days prior to the public hearing by a Class II legal advertisement;

(3) Make a copy of the written plan available for public inspection at least thirty days prior to the public hearing; and

(4) After the public hearing, adopt an ordinance authorizing the municipality to submit a written plan to the Municipal Home Rule Board after the proposed ordinance has been read two times.

(h) Selection of municipalities. -- On or after June 1, 2014, by a majority vote, the Municipal Home Rule Board may select from the municipalities that submitted written plans and were approved by the board by majority vote, new Class I, Class II, Class III and/or Class IV municipalities to participate in the Municipal Home Rule Pilot Program.

(i) Ordinance, act, resolution, rule or regulation. -- After being selected to participate in the Municipal Home Rule Pilot Program and prior to enacting an ordinance, act, resolution, rule or regulation based on the written plan, the municipality shall:

(1) Hold a public hearing on the proposed ordinance, act, resolution, rule or regulation;

(2) Provide notice at least thirty days prior to the public hearing by a Class II legal advertisement;

(3) Make a copy of the proposed ordinance, act, resolution, rule or regulation available for public inspection at least thirty days prior to the public hearing;

(4) After the public hearing, submit the comments, either in audio or written form, to the Municipal Home Rule Board;

(5) Obtain approval, from the Municipal Home Rule Board by a majority vote, for the proposed ordinance, act, resolution, rule or regulation; and

(6) After obtaining approval from the Municipal Home Rule Board, read the proposed ordinance, act, resolution, rule or regulation at least two times.

(j) Powers and duties of Municipalities. -- The municipalities participating in the Municipal Home Rule Pilot Program have the authority to pass an ordinance, act, resolution, rule or regulation, under the provisions of this section, that is not contrary to:

(1) Environmental law;

(2) Bidding on government construction and other contracts;

(3) The Freedom of Information Act;

(4) The Open Governmental Proceedings Act;

(5) Wages for construction of public improvements;

(6) The provisions of this section; and

(7) The municipality's written plan.

(k) Prohibited acts. -- The municipalities participating in the Municipal Home Rule Pilot Program do not have the authority to pass an ordinance, act, resolution, rule or regulation, under the provisions of this section, pertaining to:

(1) The Constitutions of the United States or West Virginia;

(2) Federal law or crimes and punishment;

(3) Chapters sixty-a, sixty-one and sixty-two of this code or state crimes and punishment;

(4) Pensions or retirement plans;

(5) Annexation;

(6) Taxation: Provided, That a participating municipality may enact a municipal sales tax up to one percent if it reduces or eliminates its municipal business and occupation tax: Provided, however, That if a municipality subsequently reinstates or raises the municipal business and occupation tax it previously reduced or eliminated under the Municipal Home Rule Pilot Program, it shall eliminate the municipal sales tax enacted under the Municipal Home Rule Pilot Program: Provided further, That any municipality that imposes a municipal sales tax pursuant to this section shall use the services of the Tax Commissioner to administer, enforce and collect the tax in the same manner as the state consumers sales and service tax and use tax under the provisions of articles fifteen, fifteen-a and fifteen-b, chapter eleven of this code and all applicable provisions of the streamlined sales and use tax agreement: And provided further, That such tax will not apply to the sale of motor fuel or motor vehicles;

(7) Tax increment financing;

(8) Extraction of natural resources;

(9) Persons or property outside the boundaries of the municipality: Provided, That this prohibition under the Municipal Home Rule Pilot Program does not affect a municipality’s powers outside its boundary lines under other sections of this chapter, other chapters of this code or court decisions;

(10) Marriage and divorce laws;

(11) Restricting the carrying sale or carry of a firearm, as that term is defined in section two, article seven, chapter sixty-one of this code: Provided, That, notwithstanding the provisions of subsection (p) of this section, municipalities may regulate the carrying of a firearm in municipal buildings dedicated to government operations, other than parking buildings or garages: Provided, however, That on other municipal property, municipalities may regulate only those persons not licensed to carry a concealed firearm; and

(12) An occupation tax, fee or assessment payable by a non-resident of a municipality.

(l) Amendments to written plans. -- A municipality selected to participate in the Municipal Home Rule Pilot Program may amend its written plan at any time.

(m) Reporting requirements. -- Commencing December 1, 2015, and each year thereafter, each participating municipality shall give a progress report to the Municipal Home Rule Board and commencing January 1, 2016, and each year thereafter, the Municipal Home Rule Board shall give a summary report of all the participating municipalities to the Joint Committee on Government and Finance.

(n) Performance Evaluation and Review Division review. --Before January 1, 2019, the Performance Evaluation and Review Division of the Legislative Auditor’s office shall conduct a performance review on the pilot program and the participating municipalities. The review shall include the following:

(1) An evaluation of the effectiveness of expanded home rule on the participating municipalities;

(2) A recommendation as to whether the expanded home rule should be continued, reduced, expanded or terminated;

(3) A recommendation as to whether any legislation is necessary; and

(4) Any other issues considered relevant.

(o) Termination of the pilot program. -- The Municipal Home Rule Pilot Program terminates on July 1, 2019. No ordinance, act, resolution, rule or regulation may be enacted by a participating municipality after July 1, 2019, pursuant to the provisions of this section. An ordinance, act, resolution, rule or regulation enacted by a participating municipality under the provisions of this section during the period of the Municipal Home Rule Pilot Program shall continue in full force and effect until repealed, but is null and void if it is amended and such amendment is not approved by the Municipal Home Rule Board.

(p) Additional requirements for participation. --

(1) The Class I, Class II, Class III and/or Class IV municipalities that wish to participate in the Municipal Home Rule Pilot Program, pursuant to the provisions of this section, must agree to the requirements set forth in this subsection concerning regulation of firearms, ammunition and firearm accessories: Provided, That if the four municipalities participating in the pilot program on July 1, 2012, wish to continue in the pilot program then those municipalities must also agree to comply with the requirements of this subsection.

(2) Definitions. --

As used in this subsection:

(A) “Ammunition” means fixed cartridge ammunition, shotgun shells, the individual components of fixed cartridge ammunition and shotgun shells, projectiles for muzzle-loading firearms and any propellant used in firearms or ammunition.

(B) “Firearm accessory” means a device specifically designed or adapted to enable the wearing or carrying about one’s person, or the storage or mounting in or on a conveyance, of a firearm, or an attachment or device specifically designed or adapted to be inserted into or affixed onto a firearm to enable, alter or improve the functioning or capabilities of the firearm.

(3) General rule. --

(A) Notwithstanding any other provision of this code to the contrary, except as otherwise provided in this section, municipalities participating in the Municipal Home Rule Pilot Program, pursuant to this section, shall not restrict in any manner the right of any person to purchase, possess, transfer, own, carry, transport, sell or store any revolver, pistol, rifle or shotgun, or any other firearm, or any ammunition or ammunition components to be used therewith, or the keeping of gunpowder so as to directly or indirectly prohibit the ownership of the ammunition, or, to restrict in any manner the right of any person to purchase, possess, transfer, own, carry, transport, sell or store any other firearm accessory or accoutrement, under any order, ordinance or rule promulgated or enforced by the municipality. This subsection may not be construed to prevent any law enforcement official with appropriate authority from enforcing any statute enacted by the state.

(B) The authority of a municipality to regulate firearms, ammunition or firearm accessories may not be inferred from its proprietary authority, home rule status or any other inherent or general power.

(C) Any existing or future orders, ordinances or rules promulgated or enforced in violation of this subsection are null and void.

(4) Applicability and effective dates. --

Ninety days after a new municipality has been selected by the Board to participate in the pilot program, or a previously participating municipality has chosen to continue to participate in the pilot program, any municipal gun ordinances previously authorized by the provisions of section five-a, article twelve of this chapter shall no longer be of any force or effect for any municipality participating in this program to the extent they are in conflict with the provisions of this subsection: Provided, That no provision in this subsection may be construed to limit the authority of a municipality to restrict the commercial use of real estate in designated areas through planning or zoning ordinances.ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED RELATIONS OF MUNICIPALITIES, GOVERNING BODIES AND MUNICIPAL OFFICERS AND EMPLOYEES; SUITS AGAINST MUNICIPALITIES.

§8-12-5a. Limitations upon municipalities' power to restrict the purchase, possession, transfer, ownership, carrying, transport, sale and storage of certain weapons and ammunition.

(a) The provisions of section five of this article notwithstanding, neither a municipality nor the governing body of any municipality may limit the right of any person to purchase, possess, transfer, own, carry, transport, sell or store any revolver, pistol, rifle or shotgun or any ammunition or ammunition components to be used therewith nor to so regulate the keeping of gunpowder so as to directly or indirectly prohibit the ownership of the ammunition.

Nothing herein shall in any way (b) This section does not:

(1) Impair the authority of any municipality, or the governing body thereof, to enact any ordinance or resolution respecting the power to arrest, convict and punish any individual under the provisions of subdivision (16), section five of this article or from enforcing any such ordinance or resolution; Provided, That any municipal ordinance in place as of the effective date of this section shall be excepted from the provisions of this section: Provided, however, That no provision in this section may be construed to or

(2) Limit the authority of a municipality to restrict the commercial use of real estate in designated areas through planning or zoning ordinances.

At the request of Senator Sypolt, unanimous consent being granted, Senator Sypolt’s amendment to the bill (Com. Sub. for Com. Sub. for S. B. No. 317) was withdrawn.

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

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

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

Senate Bill No. 375, Excluding certain personal property from TIF assessment.

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

Senate Bill No. 407, Providing renewal of lapsed managing general insurance agent licenses.

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

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

Com. Sub. for Com. Sub. for Senate Bill No. 425, Relating to licensure, supervision and regulation of physician assistants.

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. 430, Relating to receipting of state moneys.

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

Com. Sub. for Com. Sub. for Senate Bill No. 431, Relating to issuance and renewal of certain driver's licenses and federal ID cards.

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

Senate Bill No. 437, Requiring mortgage brokers file certain reports with Division of Financial Institutions.

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

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

Com. Sub. for Senate Bill No. 469, Creating Veterans and Warriors to Agriculture Program.

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

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

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

Senate Bill No. 493, Excluding suspension days in determining student truancy.

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. 535, Clarifying definition of "ginseng".

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

Senate Bill No. 547, Clarifying municipalities can increase and decrease voting wards and/or council members.

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. 552, Increasing penalty related to transporting illegal controlled substances into state.

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. 553, Relating to deadlines for independent candidates to file for municipal elections.

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

Senate Bill No. 572, Relating to financing statements covering as-extracted collateral or timber to be cut.

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. 584, Relating to expiration and renewal of Board of Registration for Professional Engineers' certificates.

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

Senate Bill No. 593, Authorizing issuance of limited lines travel insurance producer license.

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. 623, Requiring notification of certain substance abuse screening of mine personnel.

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

Eng. House Bill No. 4359, Relating to licensure of managing general agents of insurers.

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

Eng. House Bill No. 4372, Permitting the Commissioner of Financial Institutions to require the filing of certain reports, data or information directly with the Division of Financial Institutions.

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

The Senate proceeded to the tenth order of business.

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

Senate Bill No. 202, Creating Benefit Corporation Act.

Com. Sub. for Senate Bill No. 254, Regulating equine boarding facilities.

Com. Sub. for Com. Sub. for Senate Bill No. 378, Relating to special speed limitations as to waste service vehicles.

Com. Sub. for Senate Bill No. 409, Relating to education reform.

Com. Sub. for Senate Bill No. 419, Creating Overdose Prevention Act.

Com. Sub. for Senate Bill No. 455, Creating Move to Improve Act.

Com. Sub. for Com. Sub. for Senate Bill No. 499, Making Prudent Investor Act primary standard of care for Investment Management Board.

Com. Sub. for Senate Bill No. 504, Authorizing Auditor establish Debt Resolution Services Division.

Com. Sub. for Com. Sub. for Senate Bill No. 523, Providing for additional state veterans skilled nursing facility in Beckley.

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

Senate Bill No. 541, Ensuring tenants with right to sublet have remedies for wrongful occupation of residential rental property.

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

Com. Sub. for Senate Bill No. 570, Exempting certain foreign corporations, companies and partnerships from SOS certificate of authority requirement.

Com. Sub. for Senate Bill No. 574, Clarifying mobile home permanently attached to real estate is not personal property under certain conditions.

Com. Sub. for Senate Bill No. 579, Creating Land Trust Authorization Act.

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

Com. Sub. for Senate Bill No. 602, Requiring health care providers wear ID badges.

And,

Senate Bill No. 616, Allowing receipt of gifts, donations and contributions by Division of Energy.

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

Pending announcement of meetings of standing committees of the Senate,

On motion of Senator Unger, the Senate adjourned until Monday, February 24, 2014, at 11 a.m.

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