Senate Daily Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2014

FORTY-NINTH DAY

____________

Charleston, W. Va., Tuesday, February 25, 2014

The Senate met at 11 a.m.

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

Prayer was offered by Dr. Mervin Smith, District Superintendent of the West Virginia South District Church of the Nazarene, Charleston, West Virginia.

The Tiger Music Orff Ensemble from New Haven Elementary School, New Haven, West Virginia, then proceeded in the playing of “Palm Valley Rondo” and “Firework”.

Pending the reading of the Journal of Monday, February 24, 2014,

On motion of Senator Walters, 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 adoption of

Com. Sub. for Senate Concurrent Resolution No. 2, Requesting DOH name bridge in Harrison County "U. S. Navy Petty Officer First Class Kevin S. Rux Memorial Bridge”.

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

Com. Sub. for Senate Concurrent Resolution No. 3, Requesting DOH name bridge in Gypsy, Harrison County, "U. S. Navy Seaman First Class Sam Lopez Bridge”.

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

Senate Concurrent Resolution No. 4, Requesting DOH name new bridge crossing West Fork of Monongahela River at Shinnston "Veterans Memorial Bridge”.

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

Senate Concurrent Resolution No. 5, Requesting DOH name bridge in Kanawha County "Army PFC William Floyd Harrison Memorial Bridge”.

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

Com. Sub. for Senate Concurrent Resolution No. 8, Requesting DOH name bridge in West Milford, Harrison County, "USMC Cpl. Gene William Somers, Jr., Memorial Bridge”.

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

Com. Sub. for Senate Concurrent Resolution No. 9, Requesting DOH name portion of U. S. Rt. 522 "Trooper First Class Thomas Dean Hercules and Trooper Charles Henry Johnson Memorial Highway.

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

Com. Sub. for Senate Concurrent Resolution No. 10, Requesting DOH name bridge in Switzer, Logan County, "U. S. Army Cpl. James Melvin 'Pete' Spradlin Memorial Bridge”.

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

Com. Sub. for Senate Concurrent Resolution No. 11, Requesting DOH name bridge in Logan "U. S. Army Major Thomas McElwain Memorial Bridge”.

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. 3011--A Bill to amend and reenact §19-12E-5 and §19-12E-9 of the Code of West Virginia, 1931, as amended, relating to removing the provision that requires an applicant to meet federal requirements concerning the production, distribution and sale of industrial hemp prior to being licensed to grow hemp for industrial purposes in the state or as part of a complete defense to a prosecution for the possession or cultivation of marijuana.

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 July 1, 2014, and requested the concurrence of the Senate in the passage of

Eng. Com. Sub. for House Bill No. 4137--A Bill to amend and reenact §18-20-5 of the Code of West Virginia, 1931, as amended, relating to the reimbursement to county boards of education for costs of serving high cost/high acuity special needs students; eliminating the requirement for annual reporting on rules, policies, standards and federal laws for serving the needs of exceptional children; defining terms; and requiring the state superintendent to develop a method of funds disbursement.

Referred to the Committee on Finance.

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

Eng. Com. Sub. for House Bill No. 4290--A Bill to amend and reenact §32A-2-1, §32A-2-3, §32A-2-4, §32A-2-5, §32A-2-8, §32A-2-10, §32A-2-11, §32A-2-13, §32A-2-18, §32A-2-19, §32A-2-22 and §32A-2-27 of the Code of West Virginia, 1931, as amended, relating to licensing and regulation of those engaged in the business of currency exchange, transmission or transport; providing definitions; providing exemptions; clarifying the form of application for license, renewal or required reports; providing that license fees are based upon volume of business; providing minimum surety requirements for licensees; clarifying examination costs; authorizing civil penalties; providing for cease and desist orders; clarifying duties and requirements of delegates designated by a licensee.

Referred to the Committee on Banking and Insurance; and then to the Committee on Government Organization.

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

Eng. Com. Sub. for House Bill No. 4304--A Bill to amend and reenact §17C-7-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17C-11-5 and §17C-11-7 of said code, all relating to use of a bicycle on a roadway; overtaking a bicycle on a roadway; providing exceptions to the requirement bicycles ride as close as practicable to the edge of the roadway; and allowing a person to operate a bicycle without a bell or other device capable of giving an audible signal.

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. 4373--A Bill to repeal §18-6-9 and §18-6-10 of the Code of West Virginia, 1931, as amended, to amend and reenact §18-6-1, §18-6-2, §18-6-4, §18-6-5 and §18-6-8 of said code, all relating to driver education programs; repealing requirements on the State Department of Education and county superintendents related to instruction and licensing of commercial driver education schools; removing the requirement that schools provide course availability to out-of-school youths and adults; allowing summer school offerings in driver education; prohibiting charges to students for the course; authorizing permitted instructors under certain circumstances; and allowing successful completion of the course in commercial driving school or class accepted by the state board to meet purposes of article,

Referred to the Committee on Education; and then 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. Com. Sub. for House Bill No. 4392--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-16-1, §21-16-2, §21-16-3, §21-16-4, §21-16-5, §21-16-6, §21-16-7, §21-16-8, §21-16-9, §21-16-10 and §21-16-11; to amend and reenact §29-3-12b of said code; and by adding thereto a new article, designated §29-3E-1, §29-3E-2, §29-3E-3, §29-3E-4, §29-3E-5, §29-3E-6, §29-3E-7, §29-3E-8 and §29-3E-9, all relating to regulating persons who perform work on heating, ventilating and cooling systems and dampers; requiring persons who perform work on heating, ventilating and cooling systems to be licensed by the Commissioner of Labor; requiring persons who perform work on dampers to be licensed by the State Fire Marshal; providing for exemptions from licensure; authorizing the commissioner to promulgate legislative rules; authorizing the State Fire Marshal to promulgate legislative rules; authorizing enforcement procedures; authorizing interagency agreements; authorizing the issuance, renewal, denial, suspension and revocation of licenses; providing for criminal penalties; providing that no political subdivision of the state may mandate additional licensing requirements; and providing for the disposition of fees.

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. 4393--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-34-1, §19-34-2, §19-34-3, §19-34-4, §19-34-5, §19-34-6, §19-34-7, §19-34-8 and §19-34-9, all relating to the regulation of dangerous wild animals; creating the Dangerous Wild Animals Act; setting forth findings and purpose; defining terms; creating the Dangerous Wild Animal Board; setting forth the duties of the board; requiring the board to create a list of dangerous wild animals by rule; permitting the board to issue a permit for a dangerous wild animal legally possessed prior to the effective date of the rules; prohibiting the possession of a dangerous wild animal thereafter; setting forth permit requirements; providing for confiscation and disposition of animals; permitting the suspension and revocation of permits; providing exemptions; providing rule-making authority; and establishing criminal and civil penalties.

Referred to the Committee on Agriculture and Rural Development; 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. 4410--A Bill to amend and reenact §19-2C-1, §19-2C-3, §19-2C-5, §19-2C-5a, §19-2C-6, §19-2C-6b, §19-2C-8 and §19-2C-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §19-2C-9a, all relating to auctioneers and apprentice auctioneers, generally; redefining auctioneer exceptions; adding definitions; amending license renewal for expired licenses; allowing certain fees to be set by legislative rule; increasing length of record retention; clarifying qualifying test scores; restricting length of apprenticeship; adding duties of sponsoring auctioneer; increasing criminal penalties; requiring contracts to have certain provisions; and requiring escrow accounts.

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. House Bill No. 4460--A Bill to amend and reenact §8-15-26 of the Code of West Virginia, 1931, as amended, relating to violating provisions of the civil service law for paid fire departments; and increasing criminal penalties.

Referred to the Committee on the Judiciary.

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

Eng. House Bill No. 4488--A Bill to amend and reenact §19-4-6 of the Code of West Virginia, 1931, as amended, relating to eliminating the requirement for notarization of the articles of incorporation for cooperative associations.

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. 4490--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-3-1a; to amend and reenact §5-3-2, §5-3-3, §5-3-4 and §5-3-5 of said code, all Attorney General Ethics and Accountability Act; defining conflict of interest for the Attorney General; mandating the effect of a disqualification of an assistant or special assistant Attorney General; authorizing the appointment of a special assistant Attorney General in the event of a conflict of interest; legislative abrogation of common law powers; authority of Attorney General to act a counsel for state; describing the duties and powers of the Attorney General; authorizing the Attorney General to enter into contracts for legal services; requiring particular provisions for contracts for legal services; requiring a biannual report to the Governor of the activities of the Attorney General; describing the contents of the biannual report; establishing the Attorney General’s Litigation; requiring the deposit of fees, expenses and costs; requiring the deposit of the proceeds of causes to be deposited in the general revenue with specific exceptions; certification of Attorney General’s expenses; necessity of appropriation by the Legislature; management of the special revenue account; and requiring detailed records of expenditures and disbursements.

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. 4503--A Bill finding and declaring certain claims against the state and its agencies to be moral obligations of the state; and directing the Auditor to issue warrants for the payment thereof.

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. 4504--A Bill to amend and reenact §49-7-1 of the Code of West Virginia, 1931, as amended, relating to providing for sharing juvenile records in certain circumstances with another state; authorizing the Division of Juvenile Services to enter into reciprocal agreements with other states; specifying the information which may be shared; authorizing rule-making authority in certain instances in the Division of Juvenile Services; and providing limitations on this process.

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

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. 4529--A Bill to amend and reenact §60-8-2 and §60-8-16 of the Code of West Virginia, 1931, as amended, all relating to the sale of wine generally; expanding the definition of “person” for purposes of holding a distributor license; allowing trusts, limited liability companies and associations to hold a distributor’s license; and requiring certain disclosures by applicants that are trusts, limited liability companies or associations.

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. 4560--A Bill to amend and reenact §16-29-1 and §16-29-2 of the Code of West Virginia, 1931, as amended, all relating to reimbursement for copies of medical records; copies of medical records in electronic format; and limiting the reimbursement fee for electronic records.

Referred to the Committee on the Judiciary.

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

Eng. House Bill No. 4618--A Bill to amend and reenact §18-2E-10 of the Code of West Virginia, 1931, as amended, relating to establishing transformative system of support for early literacy; making legislative findings; requiring state board rule; minimum provisions of rule; eliminating critical skills instructional support programs for third and eighth graders; and modifying critical skills program framework to apply only to early literacy program.

Referred to the Committee on Education.

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

House Concurrent Resolution No. 68--Requesting the Joint Committee on Government and Finance to undertake a study of the development of a high speed commuter rail system in West Virginia.

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

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

Com. Sub. for House Concurrent Resolution No. 69--Requesting the Division of Highways to name bridge number 27-62-37.01 (27A052) on Route 62 in Hartford, Mason County, the “US Army Corporal John L. Gibbs 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. 73--Requesting the Division of Highways to name bridge number 35-88-2.84 (35A083) on Bridge Street in Wheeling, Ohio County, the “US Army Captain David Van Camp 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. 74--Requesting the Division of Highways to name the pedestrian bridge, numbered 10-19/58-0.01 (10A204), on U.S. Route 19 near Fayetteville, Fayette County, as the “Deputy Roger Lee Treadway 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. 82--Requesting the Division of Highways to name bridge number 20-79-1.95 (20A497) on Interstate 79 in Kanawha County, the "U.S. Army Staff Sergeant Kenneth Amick 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. 95--Requesting that a new bridge currently under construction and referred to as the Dabney Bridge, tying New State Route 10 to Old State Route 10, crossing the Guyandotte River, near the intersection of Old State Route 10 and County Route 14, known as Rum Creek Road, in Logan County, be named the “Betty Jo Delong Memorial Bridge”.

Referred to the Committee on Transportation and Infrastructure.

The Senate proceeded to the fourth order of business.

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

Your Committee on Finance has had under consideration

Com. Sub. for Senate Joint Resolution No. 14, Proposing constitutional amendment designated Future Fund Amendment.

And has amended same.

Now on second reading, having been read a first time and referred to the Committee on Finance on February 20, 2014;

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

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. 14) contained in the preceding report from the Committee on Finance was taken up for immediate consideration and read a second time.

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

On page one, by striking out everything after the Resolved clause and inserting in lieu thereof the following:

That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in 2014, which proposed amendment is that article X thereof be amended by adding thereto a new section, designated section 12, to read as follows:

ARTICLE X. Taxation and Finance.

§12. FUTURE FUND.

The principal of the “West Virginia Future Fund,” as created by general law, may not be spent, appropriated or encumbered. Investment income of the West Virginia Future Fund may be spent, appropriated or encumbered after a term of six years following the statutory creation of the West Virginia Future Fund. Investment income of the West Virginia Future Fund may be spent, appropriated or encumbered solely for enhancing education and workforce development; economic development and diversification; infrastructure improvements; and tax relief measures for the benefit of the citizens and businesses of the State of West Virginia in a manner and subject to conditions, definitions, qualifications and requirements as prescribed by general law. For purposes of this amendment, “investment income” means income of any nature whatsoever that is generated by or from an investment, including, but not limited to, distributions, dividends, interest payments and earnings, but shall not include unrealized gains.

The Legislature shall provide, by general law, for the implementation of the provisions of this amendment.

Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such amendment is hereby numbered “Amendment No. 1” and designated as the “Future Fund Amendment” and the purpose of the proposed amendment is summarized as follows: “The purpose of this amendment is to protect the principal of the West Virginia Future Fund and to specify how the investment income from the fund may be spent. The principal of the “West Virginia Future Fund”, as created by general law, may not be spent, appropriated or encumbered. Investment income of the West Virginia Future Fund may be spent, appropriated or encumbered after a term of six years following the statutory creation of the West Virginia Future Fund. Investment income of the West Virginia Future Fund may be spent, appropriated, or encumbered solely for enhancing education and workforce development; economic development and diversification; infrastructure improvements; and tax relief measures for the benefit of the citizens and businesses of the State of West Virginia in a manner and subject to conditions, definitions, qualifications and requirements as prescribed by general law.”

The resolution (Com. Sub. for S. J. R. No. 14), as amended, was then ordered to engrossment and third reading.

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

Your Committee on Banking and Insurance has had under consideration

Senate Bill No. 490, Relating to noncovered insurance discounts by health care providers.

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

Com. Sub. for Senate Bill No. 490 (originating in the Committee on Banking and Insurance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-6-38, relating to dental and vision insurance; defining terms; specifying an effective date; prohibiting insurers from requiring optometrists, ophthalmologists and dentists to provide discounts on noncovered services; prohibiting optometrists, ophthalmologists and dentists from charging more to covered persons on noncovered services than their customary or usual rate charged to noninsured individuals for such services; and providing that insurers may not provide for a nominal reimbursement for a service in order to claim that a service or material is covered.

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

Respectfully submitted,

Gregory A. Tucker,

Chair.

At the request of Senator Tucker, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 490) contained in the preceding report from the Committee on Banking and Insurance was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary.

The Senate proceeded to the sixth order of business.

Senators D. Hall, Stollings, Plymale, Unger, Wells, Cole, Green and Jenkins offered the following resolution:

Senate Concurrent Resolution No. 54--Requesting the Division of Highways to name U. S. Route 54/6 in Wyoming County the “Virginia & U. S. Army Major Woodrow Cook Memorial Road”.

Whereas, Virginia Cook was born on August 25, 1918, in Mullens, Wyoming County, to Bob and Gertrude Wildey. She graduated from Mullens High School in 1935 as the salutatorian of her class and then became a West Virginia University Mountaineer in 1937. Virginia returned to her beloved native town, married Woodrow Cook at the Presbyterian Church in August, 1940, and served as an inspirational home economics teacher for over thirty-three years at Mullens High School. Woodrow Cook was an educated and dedicated citizen, who served five years in the United States Army during WWII, where he attained the rank of Major. He became a successful businessman and served as Mayor of Mullens for eight years and on the Wyoming County Commission for eighteen years; and

Whereas, Virginia and Woodrow Cook continued their outstanding public service to Wyoming County and the City of Mullens following their retirements. Virginia Cook, since the death of Woodrow, has continued to remain a passionate and community-minded woman, including establishing an endowment at the Beckley Area Foundation for the beautification of Mullens for future generations. The contributions of these two community leaders and loyal West Virginians should not go unnoticed and should be remembered; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name U. S. Route 54/6 in Wyoming County the “Virginia & U. S. Army Major Woodrow Cook Memorial Road”; and, be it

Further Resolved, That the Commissioner of the Division of Highways is hereby requested to create signs at both ends of the highway proclaiming this roadway to be the “Virginia & U. S. Army Major Woodrow Cook 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, to the Wyoming County Commission and to Mrs. Virginia Cook and her children, Barbara Cook Bean and Lucinda Cook Chagnon.

Which, under the rules, lies over one day.

Senators Laird, Miller, Stollings, Unger, Green and Jenkins offered the following resolution:

Senate Concurrent Resolution No. 55--Requesting the Division of Highways to name bridge number 10-77-63.83 (10A222), on I-77 near mile marker 63, 2.31 miles south of the Mahan exit in Fayette County, West Virginia, the “Tygrett Brothers Seven Veterans Bridge”.

Whereas, Charles R. Tygrett, John D. Tygrett, Harold M. Tygrett, Paul A. Tygrett, R. G. Tygrett, Tommy E. Tygrett and Reginald D. Tygrett are the seven sons of Marion A. and June O. Tygrett; and

Whereas, The seven Tygrett brothers served in the armed forces during World War II and the Korean War; and

Whereas, The seven brothers' primary units and areas of service included: CPL Charles R. Tygrett, WWII, 302 AAF, Algeria, French Morocco and Tunesia; CPL John D. Tygrett, WWII, U. S. Army Medical Det.; PFC Harold M. Tygrett, WWII, U. S. Army 577th Ambulance Co., Normandy, Northern France, Ardennes; SSGT Paul A. Tygrett, WWII, 47th Armored Artillery, Northern France, Ardennes, Rhineland; PFC R. G. Tygrett, WWII, 127th Anti-Aircraft Battalion, Ardennes, Central Europe; PFC Tommy E. Tygrett, U. S. Army 21st AFA and 1st Infantry (Big Red One), Germany; and SSGT Reginald D. Tygrett, Korean War, U. S. Air Force, 19th Supply Squadron; and

Whereas, At a Veterans Day Ceremony on November 9, 2001, American Legion Post 149 of Fayetteville, West Virginia, honored the seven brothers for their selfless service and commitment to the United States military and a grateful nation; and

Whereas, It is only fitting and proper that CPL Charles R. Tygrett, CPL John D. Tygrett, PFC Harold M. Tygrett, SSGT Paul A. Tygrett, PFC R. G. Tygrett, PFC Tommy E. Tygrett and SSGT Reginald D. Tygrett be remembered and acknowledged for their dedicated service on behalf of their country, state and communities; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 10-77-63.83 (10A222), on I-77 near mile marker 63, 2.31 miles south of the Mahan exit in Fayette County, West Virginia, the “Tygrett Brothers Seven Veterans Bridge”; and, be it

Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge the “Tygrett Brothers Seven Veterans Bridge”; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways, to Tommy Tygrett, the sole surviving Tygrett brother, and to the families of the remaining Tygrett brothers.

Which, under the rules, lies over one day.

Senators Wells, McCabe, Palumbo, Walters, Stollings, Plymale, Unger, Fitzsimmons, Green, Kessler (Mr. President), D. Hall and Jenkins offered the following resolution:

Senate Resolution No. 37--Recognizing ten years of the statewide contributions of the Clay Center for the Arts and Sciences of West Virginia.

Whereas, The Clay Center opened its doors on July 13, 2003, as one of only three venues in the country to combine science and visual and performing arts in one facility; and

Whereas, The Clay Center houses West Virginia’s only science center, its only large-format film theater, its largest planetarium and its largest orchestral performance hall; and

Whereas, The Clay Center’s Juliet Museum of Art is one of just four public museums in West Virginia with a permanent art collection and has featured over one hundred world-class art exhibits; and

Whereas, In the past ten years, the Clay Center has provided science, music and art education opportunities to more than four hundred thousand students from fifty-three counties, and has gifted free musical instruments and lessons to over one thousand students in five West Virginia counties; and

Whereas, The Clay Center has provided ten years of world class entertainment, hosting four hundred fifty performances for over two hundred fifty thousand show goers; and

Whereas, More than 1.5 million people from all fifty states have visited the Clay Center since its opening in 2003; and

Whereas, Clay Center activities add approximately $16.4 million to West Virginia’s economy each year; and

Whereas, The Clay Center provides a first-class cultural and social environment along with a higher sense of community and creativity for all citizens; and

Whereas, The Clay Center is and will continue to serve as the flagship for cultural offerings in the State of West Virginia; therefore, be it

Resolved by the Senate:

That the Senate hereby recognizes ten years of the statewide contributions of the Clay Center for the Arts and Sciences of West Virginia; and, be it

Further Resolved, That the Senate invites all members of the West Virginia Legislature and all citizens of West Virginia to join in recognizing the Clay Center for the Arts and Sciences of West Virginia and its contributions to our state; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Clay Center for the Arts and Sciences of West Virginia.

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

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

Your Committee on Banking and Insurance has had under consideration

Senate Concurrent Resolution No. 56 (originating in the Committee on Banking and Insurance)--Requesting the Joint Committee on Government and Finance study consumer protection in the event of storm damage to the roofs of residential properties.

Whereas, Many residents of the State of West Virginia have suffered and will likely continue to suffer natural disasters that damage their homes and particularly their roofs; and

Whereas, Many West Virginians have purchased property and casualty insurance and rely on such insurance coverage for the payment of repair costs or replacement costs related to the roofs and roofing components of their homes that were damaged by storms, hail and other natural disasters; and

Whereas, West Virginia residents and roofing contractors may enter into residential roofing contracts with the expectation that payments for the work will be made solely from the proceeds of a property or casualty insurance policy; and

Whereas, Roofing contractors may induce homeowners to contract with them by means of offering them certain discounts that amount to being a reimbursement of their insurance deductible; and

Whereas, Homeowners may be induced into entering into roofing contracts because of a belief that all of the moneys due under such contract will be paid by insurance; and

Whereas, West Virginia homeowners may become legally responsible for part or all of the payments pursuant to such roofing contracts if their insurance carrier subsequently denies all or part of their insurance claim, even though they would not have entered into such contracts but for the expectation of insurance coverage; and

Whereas, Roofing contractors may expend time and money meeting with homeowners, inspecting roofs, preparing estimates, drafting contracts and purchasing roofing materials in anticipation that payments under roofing contracts will be made by the homeowner’s insurance carrier; and

Whereas, The Legislature finds that the citizens of the State of West Virginia should be protected from being persuaded from entering into roofing contracts by incorrect or misleading insurance coverage information and monetary inducements that result in them being personally responsible for paying for such roofing work; and

Whereas, In order to protect West Virginia homeowners, their ability to obtain reasonably priced insurance, their ability to obtain correct insurance coverage information and their ready access to quality roofing contractors need all be considered; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study consumer protection in the event of storm damage to the roofs of residential properties; and, be it

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

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

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

Respectfully submitted,

Gregory A. Tucker,

Chair.

At the request of Senator Tucker, unanimous consent being granted, the resolution (S. C. R. No. 56) contained in the preceding report from the Committee on Banking and Insurance was taken up for immediate consideration.

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

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

Your Committee on Banking and Insurance has had under consideration

Senate Concurrent Resolution No. 57 (originating in the Committee on Banking and Insurance)--Requesting the Joint Committee on Government and Finance study the financial solvency of volunteer and part-volunteer fire companies and departments throughout the State of West Virginia.

Whereas, In most areas of West Virginia, the citizens are dependent on their local volunteer or part-volunteer fire companies or departments for residential and commercial building fire protection; and

Whereas, Many of these volunteer or part-volunteer fire companies or departments are experiencing significant financial difficulties in paying for their operating costs, including truck fuel, personal protective equipment, educational and training supplies, replacement equipment, uniforms and vehicles and other authorized expenditures as described in section eight-b, article fifteen, chapter eight of the Code of West Virginia; and

Whereas, Many of these volunteer or part-volunteer fire companies or departments are experiencing significant financial difficulties in paying for the departments’ workers’ compensation premiums and workers’ compensation coverage is required for certification of the department by the State Fire Marshal;

Whereas, Many of these volunteer or part-volunteer fire companies or departments are experiencing significant difficulties in recruiting new volunteers and retaining current volunteers because of the financial difficulties; and

Whereas, The additional revenues provided to these volunteer or part-volunteer fire companies or departments by the policy surcharge authorized by section thirty-three, article three, chapter thirty-three of the Code of West Virginia is reported to be insufficient to adequately support the maintenance of these fire companies or departments; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the financial solvency of volunteer and part-volunteer fire companies and departments throughout the State of West Virginia; and, be it

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

Respectfully submitted,

Gregory A. Tucker,

Chair.

At the request of Senator Tucker, unanimous consent being granted, the resolution (S. C. R. No. 57) contained in the preceding report from the Committee on Banking and Insurance was taken up for immediate consideration.

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

The Senate proceeded to the seventh order of business.

Senate Concurrent Resolution No. 50, Requesting DOH name portion of State Rt. 20, Hinton, Summers County, "Marine Sgt. Mecot E. Camara Memorial Highway".

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

Senate Concurrent Resolution No. 51, Requesting DOH name bridge in Wayne County, "Wilburn George 'Button' Meredith Memorial Bridge".

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

Senate Concurrent Resolution No. 52, Requesting DOH place signage along highways entering WV honoring fallen veterans and Gold Star Families.

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

Senate Concurrent Resolution No. 53, Requesting DOH name portions of County Rt. 82, Fayette County, "Deputy Roger Lee Treadway Memorial Road".

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

The Senate proceeded to the eighth order of business.

Eng. Com. Sub. for Senate Joint Resolution No. 12, Proposing constitutional amendment designated Claiming WV Water Resources for Use and Benefit of its Citizens Amendment.

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

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

Eng. Senate Bill No. 202, Creating Benefit Corporation Act.

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

On the passage of the bill, the yeas were: Beach, Boley, Cann, Carmichael, Chafin, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--29.

The nays were: Barnes, Blair, Cole and Sypolt--4.

Absent: Miller--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 202) passed with its title.

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

On this question, the yeas were: Beach, Boley, Cann, Carmichael, Chafin, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--29.

The nays were: Barnes, Blair, Cole and Sypolt--4.

Absent: Miller--1.

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. 202) 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. 254, Regulating equine boarding facilities.

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, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.

The nays were: None.

Absent: Miller--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 254) 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 Com. Sub. for Senate Bill No. 317, Relating to municipal firearm laws.

On third reading, coming up in regular order, with the right having been granted on Friday, February 21, 2014, for amendments to be received on third reading, was reported by the Clerk.

At the request of Senator Palumbo, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's second reading calendar.

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

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

The nays were: None.

Absent: Miller--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 378) passed with its title.

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

Com. Sub. for Com. Sub. for Senate Bill No. 379, Reclassifying counties.

On third reading, coming up in regular order, with the right having been granted on yesterday, Monday, February 24, 2014, for amendments to be received on third reading, was reported by the Clerk.

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

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

[CLERK’S NOTE: For text of amendment, see Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 379.]

Senators Barnes and Sypolt, respectively, moved to be excused from voting on any matter pertaining to the bill under rule number forty-three of the Rules of the Senate, which motions prevailed.

The question being on the adoption of Senator Green’s amendment to the bill, the same was put and prevailed.

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

Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 379 was then read a third time and put upon its passage.

On the passage of the bill, the yeas were: Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--31.

The nays were: None.

Absent: Miller--1.

Excused from voting: Barnes and Sypolt--2.

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. 379) passed with its title.

Senator Unger moved that the bill take effect from passage.

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

The nays were: None.

Absent: Miller--1.

Excused from voting: Barnes and Sypolt--2.

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. 379) 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 Com. Sub. for Senate Bill No. 391, Providing salary increase for teachers and school service personnel.

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

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

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

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

On the passage of the bill, the yeas were: Beach, Blair, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, Jenkins, Kirkendoll, Laird, McCabe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Yost and Kessler (Mr. President)--27.

The nays were: Barnes, Boley, M. Hall, Nohe, Sypolt and Walters--6.

Absent: Miller--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 409) passed with its title.

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

On this question, the yeas were: Beach, Blair, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, Jenkins, Kirkendoll, Laird, McCabe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Wells, Williams, Yost and Kessler (Mr. President)--27.

The nays were: Barnes, Boley, M. Hall, Nohe, Sypolt and Walters--6.

Absent: Miller--1.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 409) 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. 419, Creating Overdose Prevention Act.

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

The nays were: None.

Absent: Miller--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 419) 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. 432, Relating to calculating local share.

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

The nays were: None.

Absent: Miller--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 432) passed with its title.

Senator Unger moved that the bill take effect from passage.

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

The nays were: None.

Absent: Miller--1.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 432) 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. 439, Permitting Ohio County Commission levy special district excise tax for Fort Henry.

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

The nays were: None.

Absent: Miller--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 439) passed with its title.

Senator Unger moved that the bill take effect from passage.

The nays were: None.

Absent: Miller--1.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 439) 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. 455, Creating Move to Improve Act.

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

The nays were: None.

Absent: Miller--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 455) 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.

On motion of Senator Unger, the bill was rereferred to the Committee on Government Organization.

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

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, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--32.

The nays were: Boley--1.

Absent: Miller--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 499) 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. 504, Authorizing Auditor establish Debt Resolution Services Division.

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

The nays were: None.

Absent: Miller--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 504) 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 Com. Sub. for Senate Bill No. 523, Providing for additional state veterans skilled nursing facility in Beckley.

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

The nays were: None.

Absent: Miller--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 523) 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. 533, Updating commercial feed laws; setting fees by rule.

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

The nays were: None.

Absent: Miller--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 533) passed with its title.

Senator Unger moved that the bill take effect from passage.

The nays were: None.

Absent: Miller--1.

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. 533) 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. 541, Ensuring tenants with right to sublet have remedies for wrongful occupation of residential rental property.

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

The nays were: None.

Absent: Miller--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 541) 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. 544, Allowing sharing of juvenile records under certain circumstances with reciprocal states.

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.

Eng. Com. Sub. for Senate Bill No. 552, Increasing penalty related to transporting illegal controlled substances into state.

Having been read a third time on yesterday, Monday, February 24, 2014, and now coming up in regular order, was reported by the Clerk.

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

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

On page three, section four hundred nine, line twenty, by striking out the word “four” and inserting in lieu thereof the word “ten”.

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

Engrossed Committee Substitute for Senate Bill No. 552 was then read a third time and put upon its passage.

The nays were: None.

Absent: Miller--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 552) 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. 553, Relating to deadlines for independent candidates to file for municipal elections.

Having been read a third time on yesterday, Monday, February 24, 2014, and now coming up in regular order, was reported by the Clerk.

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

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

On page three, section twenty-four, after line thirty, by adding a new subsection, designated subsection (e), to read as follows:

(e) This section is inapplicable to nonpartisan elections.

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

Engrossed Committee Substitute for Senate Bill No. 553 was then read a third time and put upon its passage.

The nays were: None.

Absent: Miller--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 553) passed.

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

Eng. Com. Sub. for Senate Bill No. 553--A Bill to amend and reenact §3-5-24 of the Code of West Virginia, 1931, as amended, relating to certificates of nomination for elected office; stating filing deadlines for certificates of nomination; declaring location where certificates of nomination must be filed; clarifying with whom the certificates are filed and to whom the fees are to be paid; prohibiting untimely filings or untimely fee payment; and clarifying that this section does not apply to nonpartisan elections.

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. 570, Exempting certain foreign corporations, companies and partnerships from SOS certificate of authority requirement.

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

The nays were: None.

Absent: Miller--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 570) 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. 574, Clarifying mobile home permanently attached to real estate is not personal property under certain conditions.

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

The nays were: None.

Absent: Miller--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 574) passed with its title.

Senator Unger moved that the bill take effect from passage.

The nays were: None.

Absent: Miller--1.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 574) 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. 579, Creating Land Trust Authorization Act.

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

The nays were: None.

Absent: Miller--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 579) passed.

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

Eng. Com. Sub. for Senate Bill No. 579--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §31-18E-1, §31-18E-2, §31-18E-3, §31-18E-4, §31-18E-5, §31-18E-6, §31-18E-7, §31-18E-8, §31-18E-9, §31-18E-10, §31-18E-11, §31-18E-12, §31-18E-13, §31-18E-14, §31-18E-15, §31-18E-16, §31-18E-17 and §31-18E-18, all relating to improving housing development and land use; authorizing creation of a land reuse agency by West Virginia municipalities, counties or a combination thereof; stating legislative findings; defining terms; providing requirements for the permissive creation and operation of land reuse agencies; detailing certain requirements for a land reuse agency board and staff; requiring certain terms of the land reuse agency be set forth; providing certain immunity to land reuse jurisdictions; setting forth powers and limitations of land reuse agencies; explicitly stating that land reuse agencies do not have the power of eminent domain; detailing criteria for acquisition and disposition of property by land reuse agencies; authorizing certain land reuse agency property as exempt from property tax; stating land reuse agency funding sources; stating requirements and constraints on disposition of property; detailing potential financing of land reuse agency operations; permitting special allocation of certain property taxes in certain situations; authorizing the issuance of certain bonds; requiring land reuse agencies to follow open meetings and freedom of information requirements; providing a process for dissolution of land reuse agencies; requiring the Ethics Act to apply to land reuse agency employees and board members; providing for expedited quiet of title proceedings in circuit court; providing for liberal construction of the article; and requiring an annual audit and report of all land reuse agencies.

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

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

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

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

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

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

The nays were: None.

Absent: Miller--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 602) 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. 616, Allowing receipt of gifts, donations and contributions by Division of Energy.

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

The nays were: None.

Absent: Miller--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 616) 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. 628, Creating Healthy Children and Healthy Communities Act.

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

The nays were: None.

Absent: Miller--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 628) 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. 631, Extending time for Fayetteville City Council to meet as levying body.

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

The nays were: None.

Absent: Miller--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 631) passed with its title.

Senator Unger moved that the bill take effect from passage.

The nays were: None.

Absent: Miller--1.

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. 631) takes effect from passage.

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

The Senate proceeded to the ninth order of business.

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

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

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

Com. Sub. for Com. Sub. for Senate Bill No. 204, Relating to crime victims compensation awards.

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

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

On page three, section three, line twenty-four, after the word “fiduciary;” by adding the word “and”;

On page three, section three, line twenty-seven, by striking out the word “and”;

On page three, section three, lines twenty-eight through thirty, by striking out all of paragraph (6);

On page seven, section three, lines one hundred five through one hundred eight, by striking out all of paragraph (3);

And by renumbering the remaining paragraphs;

On page nine, section three, line one hundred fifty-five, by striking out “(1)”;

On page ten, section three, lines one hundred sixty-six through one hundred sixty-eight, by striking out all of paragraph (2);

And,

On page twenty-two, section eighteen, line six, by striking the word “changes” and inserting in lieu thereof the word “charges”.

Following discussion,

The question being on the adoption of Senator Carmichael’s amendment to the bill, the same was put and prevailed.

The bill (Com. Sub. for Com. Sub. for S. B. No. 204), as amended, was then ordered to engrossment and third reading.

Com. Sub. for Com. Sub. for Senate Bill No. 393, Amending funding levels and date Governor may borrow from Revenue Shortfall Reserve Fund.

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

Senate Bill No. 460, Permitting School of Osteopathic Medicine invest certain moneys in its foundation.

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. 467, Updating code section relating to expungement of criminal convictions.

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. 473, Providing undesirable highway property be offered for public utility use.

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 and adopted:

On page five, section nineteen, by striking out all of lines fifty-eight through sixty-five and inserting in lieu thereof the following: That if the right-of-way or other interest or right in the property is within a public service district and the public service district states in writing to the Division of Highways that the right-of-way or other interest or right in the property will be used for a public utility, then the Division of Highways may offer the right-of-way or other interest or right in the property to the public service district without first offering it to the principal abutting landowner and may transfer the right-of-way or other interest or right in the property to the public service district without following the procedure for public auction provided in subsection (b) of this section.

The bill (Com. Sub. for S. B. No. 473), as amended, was then ordered to engrossment and third reading.

Com. Sub. for Com. Sub. for Senate Bill No. 486, Establishing salaries and providing raises for State Police forensic lab employees.

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. 495, Increasing collections into Land Division special revenue account.

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. 539, Providing certain law-enforcement officers employed as school security be allowed to carry firearms.

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. 556, Providing complimentary certified veterans' death certificates under certain circumstances.

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

Eng. Com. Sub. for House Bill No. 4350, Providing for the awarding of a West Virginia Veterans Medal and ribbon, and a West Virginia Service Cross and ribbon to certain qualifying West Virginia Veterans.

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

At the request of Senator Edgell, and by unanimous consent, the Senate returned to the second order of business and the introduction of guests.

Pending announcement of meetings of standing and select committees of the Senate, including a minority party caucus,

On motion of Senator Unger, the Senate recessed until 4 p.m. today.

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

The end of today’s second reading calendar having been reached, the Senate returned to the consideration of

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

On third reading, coming up in deferred order, with the right having been granted on Friday, February 21, 2014, for amendments to be received on third reading, was again reported by the Clerk.

At the request of Senator Sypolt, and by unanimous consent, Senator Sypolt’s unreported amendment to the bill (shown in the Senate Journal of Friday, February 21, 2014, pages 56 through 67, inclusive) was withdrawn.

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

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 §8-12-5 and §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 the 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;

(7) The provisions of section five-a, article twelve of this chapter; and

(7) (8) 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 Constitution 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 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) (11) An occupation tax, fee or assessment payable by a nonresident 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.

§8-12-5. General powers of every municipality and the governing body thereof.

In addition to the powers and authority granted by: (i) The Constitution of this state; (ii) other provisions of this chapter; (iii) other general law; and (iv) any charter, and to the extent not inconsistent or in conflict with any of the foregoing except special legislative charters, every municipality and the governing body thereof shall have plenary power and authority therein by ordinance or resolution, as the case may require, and by appropriate action based thereon:

(1) To lay off, establish, construct, open, alter, curb, recurb, pave or repave and keep in good repair, or vacate, discontinue and close, streets, avenues, roads, alleys, ways, sidewalks, drains and gutters, for the use of the public, and to improve and light the same, and have them kept free from obstructions on or over them which have not been authorized pursuant to the succeeding provisions of this subdivision; and, subject to such terms and conditions as the governing body shall prescribe, to permit, without in any way limiting the power and authority granted by the provisions of article sixteen of this chapter, any person to construct and maintain a passageway, building or other structure overhanging or crossing the airspace above a public street, avenue, road, alley, way, sidewalk or crosswalk, but before any permission for any person to construct and maintain a passageway, building or other structure overhanging or crossing any airspace is granted, a public hearing thereon shall be held by the governing body after publication of a notice of the date, time, place and purpose of the public hearing has been published as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for the publication shall be the municipality: Provided, That any permit so granted shall automatically cease and terminate in the event of abandonment and nonuse thereof for the purposes intended for a period of ninety days, and all rights therein or thereto shall revert to the municipality for its use and benefit;

(2) To provide for the opening and excavation of streets, avenues, roads, alleys, ways, sidewalks, crosswalks and public places belonging to the municipality and regulate the conditions under which any such opening may be made;

(3) To prevent by proper penalties the throwing, depositing or permitting to remain on any street, avenue, road, alley, way, sidewalk, square or other public place any glass, scrap iron, nails, tacks, wire, other litter or any offensive matter or anything likely to injure the feet of individuals or animals or the tires of vehicles;

(4) To regulate the use of streets, avenues, roads, alleys, ways, sidewalks, crosswalks and public places belonging to the municipality, including the naming or renaming thereof, and to consult with local postal authorities, the Division of Highways and the directors of county emergency communications centers to assure uniform, nonduplicative addressing on a permanent basis;

(5) To regulate the width of streets, avenues and roads, and, subject to the provisions of article eighteen of this chapter, to order the sidewalks, footways and crosswalks to be paved, repaved, curbed or recurbed and kept in good order, free and clean, by the owners or occupants thereof or of the real property next adjacent thereto;

(6) To establish, construct, alter, operate and maintain, or discontinue, bridges, tunnels and ferries and approaches thereto;

(7) To provide for the construction and maintenance of water drains, the drainage of swamps or marshlands and drainage systems;

(8) To provide for the construction, maintenance and covering over of watercourses;

(9) To control and administer the waterfront and waterways of the municipality and to acquire, establish, construct, operate and maintain and regulate flood control works, wharves and public landings, warehouses and all adjuncts and facilities for navigation and commerce and the utilization of the waterfront and waterways and adjacent property;

(10) To prohibit the accumulation and require the disposal of garbage, refuse, debris, wastes, ashes, trash and other similar accumulations whether on private or public property: Provided, That, in the event the municipality annexes an area which has been receiving solid waste collection services from a certificated solid waste motor carrier, the municipality and the solid waste motor carrier may negotiate an agreement for continuation of the private solid waste motor carrier services for a period of time, not to exceed three years, during which time the certificated solid waste motor carrier may continue to provide exclusive solid waste collection services in the annexed territory;

(11) To construct, establish, acquire, equip, maintain and operate incinerator plants and equipment and all other facilities for the efficient removal and destruction of garbage, refuse, wastes, ashes, trash and other similar matters;

(12) To regulate or prohibit the purchase or sale of articles intended for human use or consumption which are unfit for use or consumption, or which may be contaminated or otherwise unsanitary;

(13) To prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome;

(14) To regulate the keeping of gunpowder and other combustibles;

(15) To make regulations guarding against danger or damage by fire;

(16) To arrest, convict and punish any individual for carrying about his or her person any revolver or other pistol, dirk, bowie knife, razor, slingshot, billy, metallic or other false knuckles or any other dangerous or other deadly weapon of like kind or character: Provided, That with respect to any firearm a municipality may only arrest, convict and punish someone if they are in violation of an ordinance authorized by subsection five-a of this article, a state law proscribing certain conduct with a firearm or applicable federal law;

(17) To arrest, convict and punish any person for importing, printing, publishing, selling or distributing any pornographic publications;

(18) To arrest, convict and punish any person for keeping a house of ill fame, or for letting to another person any house or other building for the purpose of being used or kept as a house of ill fame, or for knowingly permitting any house owned by him or her or under his or her control to be kept or used as a house of ill fame, or for loafing, boarding or loitering in a house of ill fame, or frequenting same;

(19) To prevent and suppress conduct and practices which are immoral, disorderly, lewd, obscene and indecent;

(20) To prevent the illegal sale of intoxicating liquors, drinks, mixtures and preparations;

(21) To arrest, convict and punish any individual for driving or operating a motor vehicle while intoxicated or under the influence of liquor, drugs or narcotics;

(22) To arrest, convict and punish any person for gambling or keeping any gaming tables, commonly called "A, B, C," or "E, O," table or faro bank or keno table, or table of like kind, under any denomination, whether the gaming table be played with cards, dice or otherwise, or any person who shall be a partner or concerned in interest, in keeping or exhibiting the table or bank, or keeping or maintaining any gaming house or place, or betting or gambling for money or anything of value;

(23) To provide for the elimination of hazards to public health and safety and to abate or cause to be abated anything which in the opinion of a majority of the governing body is a public nuisance;

(24) To license, or for good cause to refuse to license in a particular case, or in its discretion to prohibit in all cases, the operation of pool and billiard rooms and the maintaining for hire of pool and billiard tables notwithstanding the general law as to state licenses for any such business and the provisions of section four, article thirteen of this chapter; and when the municipality, in the exercise of its discretion, refuses to grant a license to operate a pool or billiard room, mandamus may not lie to compel the municipality to grant the license unless it shall clearly appear that the refusal of the municipality to grant a license is discriminatory or arbitrary; and in the event that the municipality determines to license any business, the municipality has plenary power and authority and it shall be the duty of its governing body to make and enforce reasonable ordinances regulating the licensing and operation of the businesses;

(25) To protect places of divine worship and to preserve peace and order in and about the premises where held;

(26) To regulate or prohibit the keeping of animals or fowls and to provide for the impounding, sale or destruction of animals or fowls kept contrary to law or found running at large;

(27) To arrest, convict and punish any person for cruelly, unnecessarily or needlessly beating, torturing, mutilating, killing, or overloading or overdriving or willfully depriving of necessary sustenance any domestic animal;

(28) To provide for the regular building of houses or other structures, for the making of division fences by the owners of adjacent premises and for the drainage of lots by proper drains and ditches;

(29) To provide for the protection and conservation of shade or ornamental trees, whether on public or private property, and for the removal of trees or limbs of trees in a dangerous condition;

(30) To prohibit with or without zoning the location of occupied house trailers or mobile homes in certain residential areas;

(31) To regulate the location and placing of signs, billboards, posters and similar advertising;

(32) To erect, establish, construct, acquire, improve, maintain and operate a gas system, a waterworks system, an electric system or sewer system and sewage treatment and disposal system, or any combination of the foregoing (subject to all of the pertinent provisions of articles nineteen and twenty of this chapter and particularly to the limitations or qualifications on the right of eminent domain set forth in articles nineteen and twenty), within or without the corporate limits of the municipality, except that the municipality may not erect any system partly without the corporate limits of the municipality to serve persons already obtaining service from an existing system of the character proposed and where the system is by the municipality erected, or has heretofore been so erected, partly within and partly without the corporate limits of the municipality, the municipality has the right to lay and collect charges for service rendered to those served within and those served without the corporate limits of the municipality and to prevent injury to the system or the pollution of the water thereof and its maintenance in a healthful condition for public use within the corporate limits of the municipality;

(33) To acquire watersheds, water and riparian rights, plant sites, rights-of-way and any and all other property and appurtenances necessary, appropriate, useful, convenient or incidental to any system, waterworks or sewage treatment and disposal works, as aforesaid, subject to all of the pertinent provisions of articles nineteen and twenty of this chapter;

(34) To establish, construct, acquire, maintain and operate and regulate markets and prescribe the time of holding the same;

(35) To regulate and provide for the weighing of articles sold or for sale;

(36) To establish, construct, acquire, maintain and operate public buildings, municipal buildings or city halls, auditoriums, arenas, jails, juvenile detention centers or homes, motor vehicle parking lots or any other public works;

(37) To establish, construct, acquire, provide, equip, maintain and operate recreational parks, playgrounds and other recreational facilities for public use and in this connection also to proceed in accordance with the provisions of article two, chapter ten of this code;

(38) To establish, construct, acquire, maintain and operate a public library or museum or both for public use;

(39) To provide for the appointment and financial support of a library board in accordance with the provisions of article one, chapter ten of this code;

(40) To establish and maintain a public health unit in accordance with the provisions of section two, article two, chapter sixteen of this code, which unit shall exercise its powers and perform its duties subject to the supervision and control of the West Virginia Board of Health and State Bureau for Public Health;

(41) To establish, construct, acquire, maintain and operate hospitals, sanitarians and dispensaries;

(42) To acquire, by purchase, condemnation or otherwise, land within or near the corporate limits of the municipality for providing and maintaining proper places for the burial of the dead and to maintain and operate the same and regulate interments therein upon terms and conditions as to price and otherwise as may be determined by the governing body and, in order to carry into effect the authority, the governing body may acquire any cemetery or cemeteries already established;

(43) To exercise general police jurisdiction over any territory without the corporate limits owned by the municipality or over which it has a right-of-way;

(44) To protect and promote the public morals, safety, health, welfare and good order;

(45) To adopt rules for the transaction of business and the government and regulation of its governing body;

(46) Except as otherwise provided, to require and take bonds from any officers, when considered necessary, payable to the municipality, in its corporate name, with such sureties and in a penalty as the governing body may see fit, conditioned upon the faithful discharge of their duties;

(47) To require and take from the employees and contractors such bonds in a penalty, with such sureties and with such conditions, as the governing body may see fit;

(48) To investigate and inquire into all matters of concern to the municipality or its inhabitants;

(49) To establish, construct, require, maintain and operate such instrumentalities, other than free public schools, for the instruction, enlightenment, improvement, entertainment, recreation and welfare of the municipality's inhabitants as the governing body may consider necessary or appropriate for the public interest;

(50) To create, maintain and operate a system for the enumeration, identification and registration, or either, of the inhabitants of the municipality and visitors thereto, or the classes thereof as may be considered advisable;

(51) To require owners, residents or occupants of factory-built homes situated in a factory-built rental home community with at least ten factory-built homes, to visibly post the specific numeric portion of the address of each factory-built home on the immediate premises of the factory-built home of sufficient size to be visible from the adjoining street: Provided, That in the event no numeric or other specific designation of an address exists for a factory-built home subject to the authorization granted by this subdivision, the municipality has the authority to provide a numeric or other specific designation of an address for the factory-built home and require that it be posted in accordance with the authority otherwise granted by this section.

(52) To appropriate and expend not exceeding $.25 per capita per annum for advertising the municipality and the entertainment of visitors;

(53) To conduct programs to improve community relations and public relations generally and to expend municipal revenue for such purposes;

(54) To reimburse applicants for employment by the municipality for travel and other reasonable and necessary expenses actually incurred by the applicants in traveling to and from the municipality to be interviewed;

(55) To provide revenue for the municipality and appropriate the same to its expenses;

(56) To create and maintain an employee benefits fund which may not exceed one tenth of one percent of the annual payroll budget for general employee benefits and which is set up for the purpose of stimulating and encouraging employees to develop and implement cost-saving ideas and programs and to expend moneys from the fund for these purposes;

(57) To enter into reciprocal agreements with governmental subdivisions or agencies of any state sharing a common border for the protection of people and property from fire and for emergency medical services and for the reciprocal use of equipment and personnel for these purposes;

(58) To provide penalties for the offenses and violations of law mentioned in this section, subject to the provisions of section one, article eleven of this chapter, and such penalties may not exceed any penalties provided in this chapter and chapter sixty-one of this code for like offenses and violations; and

(59) To participate in a purchasing card program for local governments authorized and administered by the State Auditor as an alternative payment method.

§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 Except as provided by the provisions of this section and the provisions of section five of this article, notwithstanding, neither a municipality nor the governing body of any municipality may, by ordinance or otherwise, 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 in any manner inconsistent with or in conflict with state law.

Nothing herein shall in any way

(b) For the purposes of this section:

(1) “Municipally owned or operated building” means any building that is used for the business of the municipality, such as a courthouse, city hall, convention center, administrative building or other similar municipal building used for a municipal purpose permitted by state law: Provided, That “municipally owned or operated building” does not include a building owned by a municipality that is leased to a private entity where the municipality primarily serves as a property owner receiving rental payments.

(2) “Municipally owned recreation facility” means any municipal swimming pool, recreation center, sports facility, facility housing an after-school program or other similar facility where children are regularly present.

(c)(1) A municipality may enact and enforce an ordinance or ordinances that prohibit or regulate the carrying or possessing of a firearm in municipally owned or operated buildings.

(2) A municipality may enact and enforce an ordinance or ordinances that prohibit a person from carrying or possessing a firearm openly or that is not lawfully concealed in a municipally owned recreation facility: Provided, That a municipality may not prohibit a person with a valid concealed handgun permit from carrying an otherwise lawfully possessed firearm into a municipally owned recreation facility and securely storing the firearm out of view and access to others during their time at the municipally owned recreation facility.

(3) A person may keep an otherwise lawfully possessed firearm in a motor vehicle in municipal public parking facilities if the vehicle is locked and the firearm is out of view.

(4) A municipality may not prohibit or regulate the carrying or possessing of a firearm on municipally owned or operated property other than municipally owned or operated buildings and municipally owned recreation facilities pursuant to subdivisions (1) and (2) of this section: Provided, That a municipality may prohibit persons who do not have a valid concealed handgun license from carrying or possessing a firearm on municipally owned or operated property.

(d) It shall be an absolute defense to an action for an alleged violation of an ordinance authorized by this section prohibiting or regulating the possession of a firearm that the person: (1) Upon being requested to do so, left the premises with the firearm or temporarily relinquished the firearm in response to being informed that his or her possession of the firearm was contrary to municipal ordinance; and (2) but for the municipal ordinance the person was lawfully in possession of the firearm.

(e) Any municipality that enacts an ordinance regulating or prohibiting the carrying or possessing of a firearm pursuant to subsection (c) of this section shall prominently post a clear statement at each entrance to all applicable municipally owned or operated buildings or municipally owned recreation facilities setting forth the terms of the regulation or prohibition.

(f) Redress for an alleged violation of this section may be sought through the provisions of chapter fifty-three of this code, which may include the awarding of reasonable attorneys fees and costs.

(g) Upon the effective date of this section, section fourteen, article seven, chapter sixty-one of this code is inapplicable to municipalities. For the purposes of that section, municipalities may not be considered a person charged with the care, custody and control of real property.

(h) 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

(2) Authorize municipalities to restrict the carrying or possessing of firearms, which are otherwise lawfully possessed, on public streets and sidewalks of the municipality: Provided, That whenever pedestrian or vehicular traffic is prohibited in an area of a municipality for the purpose of a temporary event of limited duration, not to exceed fourteen days, which is authorized by a municipality, a municipality may prohibit persons who do not have a valid concealed handgun license from possessing a firearm in the area where the event is held; or

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

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

Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 317 was then read a third time and put upon its passage.

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

The nays were: None.

Absent: Chafin and Green--2.

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. 317) passed.

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

Eng. Com. Sub. for Com. Sub. for Senate Bill No. 317--A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as amended; and to amend and reenact §8-12-5 and §8-12-5a of said code, all relating to municipal firearm laws; removing firearm provisions from the Municipal Home Rule Pilot Program; prohibiting ordinances from being enacted under the Municipal Home Rule Pilot Program that are in conflict with certain other state law; clarifying municipal authority to arrest, convict and punish individuals for certain firearms offenses authorized by code and federal law; removing the grandfather clause excepting certain municipal ordinances limiting the purchase, possession, transfer, ownership, carrying, transporting, selling or storing of guns or ammunition from the general provision prohibiting such ordinances; defining terms; clarifying municipalities’ authority to regulate possession and carrying of firearms; permitting municipalities to enact and enforce certain ordinances relating to limiting possession of firearms in municipal buildings and on municipal property; permitting persons to store firearms in vehicles on public property under certain circumstances; creating absolute defenses to a violation of municipal firearm ordinances; requiring posting of certain signs; specifying that private redress for violations may be brought under chapter fifty-three of this code and may include reasonable attorneys fees and costs; excluding municipalities from the use of section fourteen, article seven, chapter sixty-one of this code; and clarifying that municipalities cannot prohibit the otherwise lawful carrying of firearms on municipal streets and sidewalks except when a street or sidewalk is temporarily closed to traffic for purposes of municipally authorized events of limited duration.

Senator Unger moved that the bill take effect from passage.

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

The nays were: None.

Absent: Chafin and Green--2.

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. 317) takes effect from passage.

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

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

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

Your Committee on the Judiciary has had under consideration

Com. Sub. for Senate Bill No. 365, Excepting certain Ethics Act provisions for elected Conservation District Supervisors.

And has amended same.

Now on second reading, having been read a first time and rereferred to the Committee on the Judiciary on February 24, 2014;

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

Respectfully submitted,

Corey Palumbo,

Chair.

At the request of Senator Palumbo, unanimous consent being granted, the bill (Com. sub. for S. B. No. 365) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration and read a second time.

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

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

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §6B-2-5c; that said code be amended by adding thereto a new section, designated §19-21A-4a; and that said code be amended by adding thereto a new section, designated §61-10-15a, all to read as follows:

CHAPTER 6B. PUBLIC OFFICERS AND EMPLOYEES; ETHICS; CONFLICTS OF INTEREST; FINANCIAL DISCLOSURE.

ARTICLE 2. WEST VIRGINIA ETHICS COMMISSION; POWERS AND DUTIES; DISCLOSURE OF FINANCIAL INTEREST BY PUBLIC OFFICIALS AND EMPLOYEES; APPEARANCES BEFORE PUBLIC AGENCIES; CODE OF CONDUCT FOR ADMINISTRATIVE LAW JUDGES.

§6B-2-5c. Exception.

The provisions of section five of this article do not apply to elected conservation district supervisors and their immediate family when the elected conservation district supervisor qualifies, under the legislative rules established by the State Conservation Committee pursuant to section four-a, article twenty-one-a, chapter nineteen of this code, to participate in West Virginia Conservation Agency programs: Provided, That the elected conservation district supervisor does not participate in the ranking process for applicants and does not consider, act or vote on matters that affect the elected conservation district supervisor or his or her immediate family.

CHAPTER 19. AGRICULTURE.

ARTICLE 21A. CONSERVATION DISTRICTS.

§19-21A-4a. Rulemaking.

(a) The State Conservation Committee shall propose rules for legislative approval, pursuant to article three, chapter twenty-nine-a of this code, to establish:

(1) The criteria, ranking and standards required for an applicant, including an elected conservation district supervisor and his or her immediate family, to qualify to participate in West Virginia Conservation Agency programs;

(2) A process to disclose the recipients of the award, including the elected conservation district supervisor; and

(3) The process for an unsuccessful qualified applicant to appeal an award given to a conservation district supervisor.

(b) The State Conservation Committee may propose emergency rules for legislative approval, pursuant to article three, chapter twenty-nine-a of this code, to establish the criteria, ranking and standards required for an applicant, including an elected conservation district supervisor and his or her immediate family, to qualify to participate in West Virginia Conservation Agency programs.

CHAPTER 61. CRIMES AND THEIR PUNISHMENT.

ARTICLE 10. CRIMES AGAINST PUBLIC POLICY.

§61-10-15a. Exception.

The provisions of section fifteen of this article do not apply to elected conservation district supervisors and their immediate family when the elected conservation district supervisor qualifies, under the legislative rules established by the State Conservation Committee pursuant to section four-a, article twenty-one-a, chapter nineteen of this code, to participate in West Virginia Conservation Agency programs: Provided, That the elected conservation district supervisor does not participate in the ranking process for applicants and does not consider, act or vote on matters that affect the elected conservation district supervisor or his or her immediate family.

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

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

Your Committee on the Judiciary has had under consideration

Senate Bill No. 577, Making Department of Corrections and DHHR subject to OSHA.

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

Com. Sub. for Senate Bill No. 577 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §21-3A-2 of the Code of West Virginia, 1931, as amended, relating to making the Department of Corrections and the Department of Health and Human Resources, and their respective workplaces, subject to the Occupational Safety and Health Act.

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

Respectfully submitted,

Corey Palumbo,

Chair.

The bill (Com. Sub. for S. B. No. 577), under the original double committee reference, was then referred to the Committee on Finance.

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

Your Committee on Transportation and Infrastructure has had under consideration

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

And reports back a committee substitute for same as follows:

Com. Sub. for Senate Concurrent Resolution No. 36 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name the portion of Route 25, from its intersection at West 11th Street to its intersection at Republic Way, in Kanawha County, West Virginia, the “U. S. Army Sgt. James Lawrence Taylor Memorial Road”.

Whereas, Sergeant James Lawrence Taylor was born on June 9, 1943, the son of Monte and Ruth Taylor of Nitro, and brother of Monte, Jr., Kent, Jerry and David; and

Whereas, Sergeant James Lawrence Taylor attended Nitro High School, but left in 1960 before graduating to enlist in the Army, serving in Germany and Vietnam; and

Whereas, While in Vietnam, Sergeant James Lawrence Taylor was a member of the 5th Mobile Strike Force Command, Detachment A-503, known as the Green Berets; and

Whereas, On March 9, 1966, Sergeant James Lawrence Taylor was on a special mission to reinforce a special force detachment located at Camp A Shau in South Vietnam when Camp A Shau came under attack by Viet Cong; and

Whereas, Sergeant James Lawrence Taylor assumed command when the company commander was killed by enemy fire; and

Whereas, Sergeant James Lawrence Taylor was injured by Viet Cong rifle fire, and he was carried out of Camp A Shau when troops were forced to abandon the evacuation; and

Whereas, Sergeant James Lawrence Taylor’s body was never recovered, and he was presumed dead by the military; and

Whereas, Sergeant James Lawrence Taylor was awarded the Purple Heart medal posthumously and the Award of the Silver Star posthumously in 1966; and

Whereas, It is only fitting and proper that this stretch of road, in the county of his birth and the area in which he lived all his young life, be named in his honor so that Sergeant James Lawrence Taylor’s supreme sacrifice will be memorialized and not forgotten; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name the portion of Route 25, from its intersection at West 11th Street to its intersection at Republic Way, in Kanawha County, West Virginia, the “U. S. Army Sgt. James Lawrence Taylor Memorial Road”; and, be it

Further Resolved, That the Division of Highways is hereby requested to make two signs that state, in bold and prominent lettering, the “U. S. Army Sgt. James Lawrence Taylor Memorial Road” and to erect these signs on either side of that stretch of road; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the family of Sergeant James Lawrence Taylor.

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

And reports back a committee substitute for same as follows:

Com. Sub. for Senate Concurrent Resolution No. 37 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name a stretch of road beginning at Route 10 and the Logan and Lincoln county line, going one mile into Logan, the “USMC Lance Corporal Larry G. Williamson Memorial Highway”.

Whereas, Lance Corporal Larry G. Williamson was born on February 9, 1947, in Lincoln County, to John B. and Georgia Napier Williamson. He had three sisters, Patty Egnor, Peggy Perry (deceased) and Robin Williamson. Larry attended Harts High School, played varsity basketball, was on the school newspaper and was secretary/treasurer of his senior class. He graduated in 1964 and attended Marshall University’s Logan branch for two years. On September 9, 1967, at the age of twenty, Larry married Wanda Brumfield and moved to Columbus, Ohio, where he became manager of car parts and tires at a Firestone Automotive Center; and

Whereas, In January, 1969, Larry was drafted from West Virginia. While on a bus taking him for Army training, he was among the draftees separated and reassigned to the Marines. He received basic training at Camp Pendleton, California, and after a brief visit home was ordered to Vietnam and assigned to the 5th Marine Division. He soon received a promotion to Lance Corporal. In Vietnam, Larry was assigned as a squad leader in the First Platoon of Company G. On March 11, 1970, the squad was acting as a blocking force and was located approximately two miles northeast of An Hoa Combat Base in Quang Nam Province. Lance Corporal Larry G. Williamson was killed when a well-concealed explosive device detonated. A squad corpsman rushed to his aid but death had been instantaneous. Lance Corporal Larry G. Williamson received a Purple Heart, Rifle Sharpshooter, National Defense, Republic of Vietnam Service, Chien Dich Vietnam Medal and Boi-Tinh 1960 Medals; and

Whereas, Lance Corporal Larry G. Williamson made the ultimate sacrifice for his country and in doing so represented West Virginia and his country with the highest levels of honor and courage and his sacrifice should not go unnoticed. Naming that stretch of road in Logan County the “USMC Lance Corporal Larry G. Williamson Memorial Highway” is an appropriate recognition of his ultimate sacrifice for state and country; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name a stretch of road beginning at Route 10 and the Logan and Lincoln county line, going one mile into Logan, the “USMC Lance Corporal Larry G. Williamson Memorial Highway”; and, be it

Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect signs at both ends of the one-mile stretch of road beginning at Route 10 and the Logan and Lincoln county line, going one mile into Logan, containing bold and prominent letters proclaiming the stretch of road the “USMC Lance Corporal Larry G. Williamson Memorial Highway”; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of Lance Corporal Larry G. Williamson.

Senate Concurrent Resolution No. 40, Requesting DOH name Joe's Creek Road in Lincoln County "Army PFC John E. Runyan Memorial Road".

And reports back a committee substitute for same as follows:

Com. Sub. for Senate Concurrent Resolution No. 40 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name County Route 13/03, known as Joe’s Creek Road, in Sumerco, Lincoln County, the “U. S. Army PFC John E. Runyan Memorial Road”.

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

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

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

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

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

Resolved by the Legislature of West Virginia:

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

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

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

And,

Senate Concurrent Resolution No. 41, Requesting DOH name portion of Rt. 83 in McDowell County "Army MSG Joe C. Alderman Memorial Road".

And reports back a committee substitute for same as follows:

Com. Sub. for Senate Concurrent Resolution No. 41 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name the stretch of West Virginia Route 83 between its intersection with West Virginia Route 16 at Yukon, McDowell County, and its intersection with County Road 83/03 in Bartley, McDowell County, the “U. S. Army MSG Joe C. Alderman Memorial Road”.

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

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

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

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

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

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

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

Resolved by the Legislature of West Virginia:

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

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

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

With the recommendation that the four committee substitutes be adopted.

Respectfully submitted,

Robert D. Beach,

Chair.

At the request of Senator Beach, unanimous consent being granted, the resolutions (Com. Sub. for S. C. R. Nos. 36, 37, 40 and 41) contained in the preceding report from the Committee on Transportation and Infrastructure were taken up for immediate consideration.

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

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

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

Your Committee on Military has had under consideration

Eng. Com. Sub. for House Bill No. 2165, Relating to death certificates of military veterans.

And has amended same.

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

Respectfully submitted,

Erik P. Wells,

Chair.

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

At the request of Senator Wells, and by unanimous consent, the bill (Eng. Com. Sub. for H. B. No. 2165) was taken up for immediate consideration, read a first time and ordered to second reading.

The Senate again proceeded to the sixth order of business.

Petitions

Senators Boley and Carmichael respectively presented petitions from Wirt and Mason counties’ schools, requesting the Legislature to develop a multi-year plan to make education employees’ salaries competitive with surrounding states.

Referred to the Committee on Education.

The Senate proceeded to the twelfth order of business.

Remarks were made by Senators Kirkendoll and Miller.

Thereafter, at the request of Senator Stollings, and by unanimous consent, the remarks by Senator Kirkendoll were ordered printed in the Appendix to the Journal.

Pending announcement of a meeting of a select committee of the Senate,

On motion of Senator Unger, the Senate adjourned until tomorrow, Wednesday, February 26, 2014, at 11 a.m.

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