WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-FIRST LEGISLATURE
REGULAR SESSION, 2013
THIRTIETH DAY
____________
Charleston, W. Va., Thursday, March 14, 2013
The Senate met at 11 a.m.
(Senator Kessler, Mr. President, in the Chair.)
Prayer was offered by Pastor Zachery Arrowood, Chaplain, Hospice of Huntington, Huntington, West Virginia.
Pending the reading of the Journal of Wednesday, March 13, 2013,
On motion of Senator M. Hall, 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.
Senator Kessler (Mr. President) presented a communication from the Department of Environmental Protection, submitting its Impoundment and Pit Safety Study report as required by chapter twenty-two, article six-a, section twenty-three of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2397--A Bill to amend and reenact §3-10-7 and §3-10-8 of the Code of West Virginia, 1931, as amended, all relating to authorizing a county commission to temporarily fill vacancies in the offices of the clerk of the county commission, prosecuting attorney, sheriff, assessor and county surveyor; restricting persons appointed as temporary successors to serving no more than sixty days as a temporary successor; and permitting a temporary successor to be appointed to fill the unexpired term.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2414--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-12-18a, relating to the lease or conveyance of municipal property; allowing for the lease or conveyance of municipal property for less than fair market value without auction to a nonprofit corporation for the provision of specific services to the public; prerequisite conditions and findings by municipality; and required reverter of the property to the municipality if the nonprofit corporation ceases to provide the services.
Referred to the Committee on 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. 2729--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-22c, relating to allowing schools to voluntarily maintain and use epinephrine auto-injectors; providing for the administration of an auto-injector by a school nurse or other trained and authorized nonmedical school personnel for emergency care or treatment of anaphylactic reactions; allowing the issuance of standing orders and protocols by physicians to schools to obtain epinephrine auto-injectors; setting forth notice requirements; allowing students who self-inject to use the school supply of epinephrine auto-injectors; setting forth immunity from liability for school nurses and trained and authorized nonmedical school personnel; allowing county school boards to participate in free or discounted manufacturer sponsored pharmaceutical programs to obtain epinephrine auto-injectors; providing for data collection and reporting requirements; and setting forth rule-making authority to effectuate the provisions of the section.
Referred to the Committee on Health and Human Resources; and then to the Committee on Education.
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. 2747--A Bill to amend and reenact §6-9A-2 and §6-9A-3 of the Code of West Virginia, 1931, as amended, all relating to pubic notice of meetings of governing bodies of public agencies; defining terms; clarifying existing notice requirements; requiring state executive branch agencies to electronically file public meeting notices with the Secretary of State for publication on Secretary of State’s website; eliminating the requirement that state executive branch agency meeting notices be filed in the State Register; and providing procedural rule-making authority.
Referred to the Committee on Government Organization; and then to the Committee on Judiciary.
The Senate proceeded to the fourth order of business.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 118, Creating I Support Veterans license plate.
And,
Senate Bill No. 190, Relating to public-private transportation projects funding.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Robert D. Beach,
Chair.
The bills, under the original double committee references, were 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 Bill No. 158, Creating Complete Streets Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 158 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-4A-1, §17-4A-2 and §17-4A-3, all relating to creation of the Complete Streets Act; adopting a complete streets policy applicable to all streets, roads and highways and other transportation infrastructure facilities under the jurisdiction of the Commissioner of Highways; providing for model complete streets policies for use by counties and municipalities; creating a Complete Streets Advisory Board; providing for reimbursement of mileage expenses of board members; and requiring annual reports.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Government Organization.
Respectfully submitted,
Robert D. Beach,
Chair.
The bill (Com. Sub. for S. B. No. 158), under the original double committee reference, was then referred to the Committee on Government Organization.
Senator Williams, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Senate Bill No. 182, Lowering available tax credit amount for film industry.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Bob Williams,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 183, Updating terms in Corporation Net Income Tax Act.
Senate Bill No. 208, Making supplementary appropriation from State Fund, General Revenue, to Department of Commerce, Division of Labor, and DHHR, Division of Human Services.
And,
Senate Bill No. 446, Conforming motor fuel taxes with International Fuel Tax Agreement.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Williams, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Senate Bill No. 187, Creating Jobs Impact Statement Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 187 (originating in the Committee on Economic Development)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2I-1, §5B-2I-2, §5B-2I-3, §5B-2I-4, §5B-2I-5 and §5B-2I-6, all relating to creating the Jobs Impact Statement Act; requiring that the West Virginia Development Office prepare a jobs impact statement when requested by the Governor or a majority of certain leaders of either house of the Legislature for certain proposed legislation; outlining the contents of the jobs impact statement; providing that this article does not affect the validity of legislation, restrict consideration of pending legislation or otherwise alter, amend or invalidate any rule of the Senate, the House of Delegates or joint rules of the Senate and House of Delegates; and describing the manner in which copies of the jobs impact statement shall be made available.
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,
Bob Williams,
Chair.
The bill (Com. Sub. for S. B. No. 187), under the original double committee reference, was then referred to the Committee on Finance.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 258, Authorizing DHHR promulgate legislative rule relating to chronic pain management clinic licensure.
With an amendment from the Committee on Health and Human Resources pending;
And reports the same back with the recommendation that it do pass as amended by the Committee on Health and Human Resources to which the bill was first referred; but under the original triple committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original triple committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Health and Human Resources pending.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 324, Allowing boards licensing persons engaging in manufacture, distribution or dispensing controlled substances set fees by legislative rule.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 324 (originating in the Committee on Government Organization)--A Bill to amend and reenact §30-5-1a and §30-5-16 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §30-5-16c; to amend and reenact §60A-3-301 of said code; and to amend said code by adding thereto a new section, designated §60A-3-301a, all relating to permits for manufacturing, making, producing, packing, packaging or preparing drugs, medicines, toilet articles, dentifrices and cosmetics and registration of practitioners dispensing controlled substances; modifying fees associated with the permits; granting rule-making authority to the Board of Pharmacy to establish a fee schedule for obtaining and maintaining the permit; providing that statutory fee schedule will remain in effect until amended, modified, repealed or replaced by legislative rule; clarifying disciplinary action that may be taken if condition or rule relating to permit is violated; modifying registration fees for practitioners dispensing controlled substances; granting rule-making authority to boards, departments and agencies that license or register practitioners dispensing controlled substances; and providing that statutory fee schedule for registering practitioners dispensing controlled substances will remain in effect until amended, modified, repealed or replaced by legislative rule.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Herb Snyder,
Chair.
The bill (Com. Sub. for S. B. No. 324), under the original double committee reference, was then referred to the Committee on Finance.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 331, Permitting Courthouse Facilities Improvement Authority to issue bonds.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Herb Snyder,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance, with an amendment from the Committee on Government Organization pending.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Com. Sub. for Senate Bill No. 358, Relating to municipal policemen and firemen pensions.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Herb Snyder,
Chair.
Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 359, Relating generally to reforming public education.
Now on second reading, having been read a first time and referred to the Committee on Finance on March 13, 2013;
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 359) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a second time and ordered to engrossment and third reading.
Senator Kirkendoll, from the Committee on Interstate Cooperation, submitted the following report, which was received:
Your Committee on Interstate Cooperation has had under consideration
Senate Bill No. 426, Relating to filings under Uniform Commercial Code.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 426 (originating in the Committee on Interstate Cooperation)--A Bill to amend and reenact §46-9-510, §46-9-516 and §46-9-521 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §46-9-516a, all relating to amending the Uniform Commercial Code as to secured transactions; providing for the effectiveness of filed records; creating additional authority to refuse to accept a record for filing; creating circumstances under which a record filing is false; providing criminal penalties for filing or attempting to file a false record; providing civil penalties for filing or attempting to file a false record; setting forth an administrative procedure initiated by the Secretary of State or a person identified as a debtor on a record; requiring party to an adverse administrative decision by the Secretary of State to file action in Kanawha County Circuit Court if the party wishes to have the Secretary of State’s decision reversed; exempting the filing office and its employees from liability; exempting filings by a regulated financial institution or its representatives from certain provisions; and clarifying the applicability of provisions to records filed prior to the effective date of this article.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Art Kirkendoll,
Chair.
The bill (Com. Sub. for S. B. No. 426), under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 445, Allowing Tax Commissioner divert lottery prizes to offset tax liabilities of lottery winners.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 445 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-10-5bb, relating to the collection of taxes; requiring the Lottery Commission to offset certain lottery prizes against the state tax liabilities of the prize winner; providing limitations period; and authorizing an agreement between the Tax Department and the Lottery Commission for the purpose of establishing collection procedures.
And,
Senate Bill No. 482, Relating to sale of voter registration lists.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 482 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §3-2-30 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §59-1-2b, all relating to the preparation and sale of voter registration lists; exempting certain voter data from being provided; clarifying that records are to be kept in electronic form; permitting certain voter lists be obtained for noncommercial purposes from the clerk of the county commission or the Secretary of State; providing certain exemptions allowing the Secretary of State to provide voter information to others; setting forth the fees to be charged for the sale of voter registration lists; setting forth the types of lists and services that are available; requiring the net proceeds from the voter registration list sales be deposited in the State Election Fund; and clarifying that the Secretary of State may share voter information with those authorized to receive the information.
With the recommendation that the two committee substitutes do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Corey Palumbo,
Chair.
The bills (Com. Sub. for S. B. Nos. 445 and 482), under the original double committee references, were 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 Bill No. 448, Increasing number of demonstration dealer plates issued to large commercial vehicle dealers.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 448 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §17A-6-10c of the Code of West Virginia, 1931, as amended, relating to authorizing the commissioner to issue no more than ten additional special demonstration plates, upon a showing of need, to new and used motor vehicle dealers engaged in the business of selling trailers, truck-tractors, road-tractors or trucks and that demonstrate the motor vehicles under actual work conditions to potential purchasers; and setting fee amount for additional plates.
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,
Robert D. Beach,
Chair.
The bill (Com. Sub. for S. B. No. 448), under the original double committee reference, was then referred to the Committee on Finance.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Concurrent Resolution No. 7, Designating Hall Flintlock Model 1819 official state firearm.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Herb Snyder,
Chair.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and joint resolution were introduced, read by their titles, and referred to the appropriate committees:
By Senators Laird, Palumbo, Kirkendoll, Cookman, Stollings, Kessler (Mr. President), Snyder, Cann, Plymale, Williams, Miller and Chafin:
Senate Bill No. 521--A Bill to amend and reenact §17B-3-3c and §17B-3-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §17B-3-9a, all relating to creating an amnesty program for certain persons with suspended licenses to allow reinstatement; establishing a time period and certain procedures for the amnesty program; creating exceptions to the amnesty period; making certain technical corrections; requiring certain tickets amnestied remain listed as unsatisfied on court records; requiring certain suspension or revocation time remaining be waived in certain situations; requiring a public awareness campaign regarding the amnesty program; and providing for rule-making authority.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senators Laird, Palumbo, Kirkendoll, Cookman, Cann, Snyder and Fitzsimmons:
Senate Bill No. 522--A Bill to amend and reenact §8-10-2a and §8-10-2b of the Code of West Virginia, 1931, as amended; to amend and reenact §8-11-1 and §8-11-1a of said code; and to amend and reenact §50-3-2a of said code, all relating to the collection and processing of court costs, fines, forfeitures, penalties and collateral consequences of nonpayment or failure to appear; requiring certain collection processes occur after an appeal has concluded; reducing certain time requirements for notification to the Division of Motor Vehicles; requiring notice between thirty and ninety days to the Division of Motor Vehicles for failure to appear in certain situations and stipulating the subsequent suspension lasts until the citation is resolved satisfactorily; permitting tax refund withholding if certain amounts remain unpaid for a year or persons fail to appear for a year to municipal court; and providing for a fee on all municipal offenses to be paid to the Regional Jail and Correctional Facility Authority Fund and municipal administrative costs.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Kessler (Mr. President) and M. Hall (By Request of the Executive):
Senate Bill No. 523--A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2013, to the Governor’s Office, Minority Affairs Fund, fund 1058, fiscal year 2013, organization 0100, to the Department of Education and the Arts, State Board of Rehabilitation - Division of Rehabilitation Services - West Virginia Rehabilitation Center - Special Account, fund 8664, fiscal year 2013, organization 0932, to the Department of Health and Human Resources, Division of Health - Hospital Services Revenue Account, Special Fund, Capital Improvements, Renovation and Operations, fund 5156, fiscal year 2013, organization 0506, to the Department of Health and Human Resources, Division of Health - Lead Abatement Account, fund 5204, fiscal year 2013, organization 0506, to the Department of Revenue, Municipal Bond Commission, fund 7253, fiscal year 2013, organization 0706, to the Department of Transportation, Public Port Authority - Special Railroad and Intermodal Enhancement Fund, fund 8254, fiscal year 2013, organization 0806, to the Miscellaneous Boards and Commissions, WV Board of Examiners for Registered Professional Nurses, fund 8520, fiscal year 2013, organization 0907, and to the Miscellaneous Boards and Commissions, WV Board of Licensed Dietitians, fund 8680, fiscal year 2013, organization 0936, by supplementing and amending the appropriations for the fiscal year ending June 30, 2013.
Referred to the Committee on Finance.
By Senators Kessler (Mr. President) and M. Hall (By Request of the Executive):
Senate Bill No. 524--A Bill supplementing, amending, decreasing and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation, Division of Highways, fund 9017, fiscal year 2013, organization 0803, for the fiscal year ending June 30, 2013.
Referred to the Committee on Finance.
By Senators Kessler (Mr. President) and M. Hall (By Request of the Executive):
Senate Bill No. 525--A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2013, to the Department of Administration, Children’s Health Insurance Agency, fund 8838, fiscal year 2013, organization 0230, to the Department of Commerce, Division of Miners’ Health, Safety and Training, fund 8709, fiscal year 2013, organization 0314, to the Department of Education, State Department of Education, fund 8712, fiscal year 2013, organization 0402, to the Department of Education and the Arts, Division of Culture and History, fund 8718, fiscal year 2013, organization 0432, to the Department of Health and Human Resources, Division of Health, Central Office, fund 8802, fiscal year 2013, organization 0506, to the Department of Health and Human Resources, Division of Human Services, fund 8722, fiscal year 2013, organization 0511, to the Department of Military Affairs and Public Safety, West Virginia State Police, fund 8741, fiscal year 2013, organization 0612, to the Department of Revenue, Insurance Commissioner, fund 8883, fiscal year 2013, organization 0704, and to Miscellaneous Boards and Commissions, Coal Heritage Highway Authority, fund 8861, fiscal year 2013, organization 0942, by supplementing and amending the appropriations for the fiscal year ending June 30, 2013.
Referred to the Committee on Finance.
By Senators Kessler (Mr. President) and M. Hall (By Request of the Executive):
Senate Bill No. 526--A Bill making a supplementary appropriation of federal funds out of the Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending June 30, 2013, to the Department of Health and Human Resources, Division of Human Services - Temporary Assistance for Needy Families, fund 8816, fiscal year 2013, organization 0511, by supplementing and amending the appropriation for the fiscal year ending June 30, 2013.
Referred to the Committee on Finance.
By Senators Palumbo, Cann and McCabe:
Senate Bill No. 527--A Bill to repeal §3-10-4a of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-10-1, §3-10-2, §3-10-3, §3-10-4, §3-10-5, §3-10-6, §3-10-7 and §3-10-8 of said code, all relating to filling vacancies in elected offices; defining terms; setting procedures for appointing persons to fill certain vacancies; listing time periods and certain offices where elections must be held to fill certain vacancies; setting special requirements for filling vacancies in certain offices; setting procedures for certain special elections; creating method for filling certain vacancies without a primary election; setting requirements for special filing periods, where necessary; requiring certain notice be given regarding elections to fill vacancies; providing for payment of costs if a new election is necessary; allowing nomination of certain persons without party affiliation; allowing emergency orders by the Secretary of State in certain circumstances; removing and repealing certain language relating to previous elections; clarifying method used to fill vacancies in the Office of Governor; adjusting method to fill vacancies in certain statewide, legislative and judicial offices such that the timing for all are consistent; requiring most elections to fill vacancies be held in conjunction with regularly scheduled elections; clarifying method used to fill vacancies in certain county offices; permitting vacancies in certain county offices to be filled by temporary replacements for no more than thirty days; and updating language regarding filling vacancies in elected offices.
Referred to the Committee on the Judiciary.
By Senators McCabe, Cann, Edgell, Miller, Palumbo, Tucker, Walters, Wells, Kessler (Mr. President) and Williams:
Senate Bill No. 528--A Bill to amend and reenact §18-9A-11 of the Code of West Virginia, 1931, as amended, relating to computing local share of public education support; finding the benefit of public libraries as a part of the system of public education; and providing for equal treatment of county boards of education in funding public libraries as a part of the system of public education.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Kirkendoll, Cann and Tucker:
Senate Bill No. 529--A Bill to amend and reenact §7-7-7 of the Code of West Virginia, 1931, as amended, relating to granting county commissions advice and consent authority with respect to the discharge of county employees.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Kirkendoll, Cann, Jenkins, Tucker, Stollings and McCabe:
Senate Bill No. 530--A Bill to amend and reenact §50-3-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact §59-1-11 of said code, all relating to authorizing circuit and magistrate courts to collect a fee of $50 for each criminal case in which surety is required, the funds to be deposited into the county General Revenue Fund to be used to offset regional jail costs.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Kirkendoll, Cann, D. Hall, Tucker, Chafin and Fitzsimmons:
Senate Bill No. 531--A Bill to amend and reenact §7-7-4 of the Code of West Virginia, 1931, as amended, relating to providing county commissioners an ongoing mechanism to consider compensation increases for elected officials every two years.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Walters, Chafin and Fitzsimmons:
Senate Bill No. 532--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-10-9, relating to prohibiting corporations that contractually engage in predispute binding arbitration with residents and citizens of the State of West Virginia from receiving state funding, state contracts or state purchasing agreements.
Referred to the Committee on the Judiciary.
By Senators Miller, Jenkins, Palumbo and Wells:
Senate Bill No. 533--A Bill to amend and reenact §61-2-9 and §61-2-28 of the Code of West Virginia, 1931, as amended, all relating generally to crimes against the person; and modifying the definitions of “battery” and “domestic battery” to conform with federal laws.
Referred to the Committee on the Judiciary.
By Senator Palumbo:
Senate Bill No. 534--A Bill to amend and reenact §33-6F-2 of the Code of West Virginia, 1931, as amended, relating to correcting an internal reference of the code with regard to insurance information disclosure which is supposed to make clear that providing the required information is not a violation of the insurer’s responsibility to maintain the confidentiality of consumer financial and health information.
Referred to the Committee on the Judiciary.
By Senators Palumbo, Wells, McCabe and Fitzsimmons:
Senate Bill No. 535--A Bill to repeal §3-2-24 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-1-3 of said code; and to amend and reenact §3-2-2, §3-2-4a, §3-2-18, §3-2-19, §3-2-21, §3-2-23, §3-2-25 and §3-2-29 of said code, all relating to the maintenance of voter registration lists and related records; making technical corrections and deleting obsolete references; updating and clarifying the persons entitled to vote; clarifying when a person under the age of eighteen may vote in a primary election; updating the processes and responsibilities for statewide voter registration and clarifying county and state roles in the voter registration process; updating the processes of maintaining voter registration records; clarifying county roles in maintaining voter registration files for municipal elections; updating processes for the maintenance of records in the statewide voter registration database; updating processes for cancellation of deceased or ineligible voters’ registrations; clarifying county and state roles in the systematic purging program for removal of ineligible voters from active voter registration records; and clarifying custody of paper and electronic voter registration records.
Referred to the Committee on the Judiciary.
By Senators Blair, Barnes, Carmichael, Cole, M. Hall, Nohe and Walters:
Senate Bill No. 536--A Bill to amend and reenact §6B-1-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §6B-2-5 of said code, all relating to governmental ethics; prohibiting public officials and employees from using public funds for self promotion; prohibiting knowingly and intentionally placing the names or likenesses of public officials and employees on trinkets; prohibiting knowingly and intentionally placing the names or likenesses of public officials and employees on certain publically financed advertising during an election period; and defining terms.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Plymale, Jenkins, D. Hall, Unger, Cann, McCabe and Chafin:
Senate Bill No. 537--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §10-1-23, relating to establishing a Library Facilities Improvement Fund that will serve to support library facilities construction, maintenance and improvement projects; setting forth the general structure of fund and distribution of funds; and providing for rulemaking.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Palumbo, Laird, Miller and Fitzsimmons:
Senate Bill No. 538--A Bill to amend and reenact §48-27-601 of the Code of West Virginia, 1931, as amended, relating to disposition of domestic violence orders; and filing orders with the domestic violence database rather than law enforcement maintaining a confidential file.
Referred to the Committee on the Judiciary.
By Senators Unger, Snyder, Cookman, Miller and Laird:
Senate Joint Resolution No. 8--Proposing an amendment to the Constitution of the State of West Virginia, amending section two, article XII thereof, relating to election of State Board of Education members; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
Senators Kirkendoll, Stollings, Unger and Plymale offered the following resolution:
Senate Concurrent Resolution No. 21--Requesting the Division of Highways to name bridge number 23-119-18.13, on Route 119 in Logan County, the "Navy Lieutenant, Junior Grade, Edsel Carl Varney Memorial Bridge".
Whereas, Lieutenant Varney was born on January 25, 1922, and passed away on May 6, 1977; and
Whereas, Lieutenant Varney graduated from Chapmanville High School in 1941; and
Whereas, Lieutenant Varney enlisted in the United States Naval Reserves on November 5, 1942, under the V-5 Naval Aviation Cadet Program, entering active service on February 11, 1943, and was officially released from active duty on November 7, 1945; and
Whereas, Lieutenant Varney flew twenty-one missions during the Iwo Jima operations, including almost seventy hours of combat time with twenty-two carrier landings on the Makin Island; and
Whereas, Lieutenant Varney flew thirty-one missions during the Okinawa operations, including almost one hundred and fourteen hours of combat time with thirty carrier landings, all but one on the Makin Island while the last one during combat operations was on the Savo Island; and
Whereas, Lieutenant Varney had forty-three total catapults and seventy-eight carrier landings on five carriers: The USS Sable, the USS Saratoga, the USS Bataan, the USS Makin Island and the USS Savo Island; and
Whereas, Lieutenant Varney was awarded the Distinguished Flying Cross, Air Medal, multiple Gold Stars, American Campaign Medal, Asiatic and Pacific Campaign Medal, WW II Victory Medal, Philippine Presidential Unit Citation and Philippine Liberation Medal; and
Whereas, Lieutenant Varney married Aleen “Pat” Williamson on November 8, 1947, raised five children and had eight grandchildren and six great grandchildren; and
Whereas, Following his service in the Navy, Lieutenant Varney was a pilot instructor and at one point all state troopers in Logan knew how to fly; and
Whereas, Lieutenant Varney was a PTA President, was very involved with his children and their activities and was the high school band president while his children were in the band and raised money for uniforms and instruments; and
Whereas, When returning home from several days of work Lieutenant Varney would fly his plane low near his house, so that his children would know that he would be home very shortly; and
Whereas, Lieutenant Varney was a Mason and spearheaded the project to get an airport in Logan; and
Whereas, It is fitting to honor Lieutenant Varney for his commitment, dedication and service to his country and his state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 23-119-18.13, on Route 119 in Logan County, the "Navy Lieutenant, Junior Grade, Edsel Carl Varney Memorial Bridge”; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Navy Lieutenant, Junior Grade, Edsel Carl Varney Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of Lieutenant Edsel Carl Varney.
Which, under the rules, lies over one day.
Senators Palumbo, D. Hall, Jenkins, Stollings, Unger, Kessler (Mr. President), Yost, Snyder, Plymale, Wells, McCabe, Williams and Fitzsimmons offered the following resolution:
Senate Resolution No. 35--Designating Thursday, March 14, 2013, as Generation West Virginia Day.
Whereas, Generation West Virginia is the statewide movement committed to cultivating and engaging young talent for West Virginia citizens between the ages of twenty-one to forty-five; and
Whereas, The future of West Virginia relies heavily on the retention, recruitment and advancement of young talent to ensure that our intellectual capital base is strong for the future success of our state's economy, communities and intellectual infrastructure; and
Whereas, This collaborative and dynamic group of young talent within Generation West Virginia is creating an outstanding positive image within our state and on the national level by serving as a model for promoting young leaders and making our state a destination for young talent; and
Whereas, Generation West Virginia is an innovative, results-oriented and dedicated organization that represents young talent from all walks of life, careers and communities, all of whom are committed to a positive and strong present and future for our great state; and
Whereas, Those twenty-one to forty-five years of age in West Virginia include more than 600,000 of our state's population and represent our state's future base of workers, dreamers, innovators, educators, entrepreneurs, leaders and, most importantly, our hope for a successful future; and
Whereas, These young leaders are not just the future of our state, but the rising leaders of today who are making it possible for West Virginia to compete successfully with the world; and
Whereas, By working to make our state attractive for young talent, steps are being taken to encourage a "brain gain" for West Virginia that will build a strong future for our state to become a global leader; and
Whereas, The Senate recognizes the importance of this growing movement and will listen to and collaborate with its leadership and regional organizations to develop positive solutions and opportunities to create an abundance of prosperity in our state; therefore, be it
Resolved by the Senate:
That the Senate hereby designates Thursday, March 14, 2013, as Generation West Virginia Day; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the representatives of Generation West Virginia.
At the request of Senator Palumbo, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Unger, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Senators Prezioso, Stollings, Unger, Kessler (Mr. President), Plymale, McCabe, Williams and Fitzsimmons offered the following resolution:
Senate Resolution No. 36--Recognizing the Affiliate Program of the High Technology Foundation on Technology Day at the Legislature.
Whereas, The Affiliate Program of the High Technology Foundation, located in Fairmont, West Virginia, is a consortium of companies working in technology or technology support lines of business with a desire to do business in West Virginia; and
Whereas, The mission of the Affiliate Program is to provide support to its members through the coordination of value-added services including technology-based programs, products and services to the global marketplace, to create awareness of the technology sector and to provide all with an understanding of the importance of the sector to the economy; and
Whereas, The ever-growing technology sector in West Virginia developed through the vision and strong leadership of our legislative leaders, who envisioned a more diverse West Virginia economy that could not only withstand economic uncertainty but propel West Virginia into a position of national prominence; and
Whereas, The technology industry in 2011 accounted for 7.3% total employment in the state and 5.05% of total employment in North Central West Virginia, along with 12.8% of total wages in the state and 7.42% of total wages in North Central West Virginia; and
Whereas, The technology industry in North Central West Virginia has a significant economic impact providing $1.6 billion of direct output and 6,500 direct jobs and $392 million of direct employee compensation in 2011; and
Whereas, The technology sector is growing wages, total employment and output at a higher average than the remainder of the West Virginia economy; and
Whereas, The Affiliate Program recognizes the changing economic landscape and challenges facing industry and desires to help its member companies continue to build on the foundation through new and expanded partnerships, growing relationships throughout the state with stakeholders and to develop greater self-sustaining initiatives; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the Affiliate Program of the High Technology Foundation on Technology Day at the Legislature; and, be it
Further Resolved, That the Senate acknowledges the contributions of the technology industry to the State of West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Affiliate Program of the High Technology Foundation.
At the request of Senator Prezioso, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Unger the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Petitions
Senator Plymale presented a petition from the Prichard Community Association and numerous Prichard residents, requesting law-enforcement assistance with juvenile delinquency.
Referred to the Committee on the Judiciary.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 159, Creating Uniform Real Property Transfer on Death Act.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 368, Clarifying certain criminal conviction constitutes basis for voiding marriage.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 383, Authorizing family court judges appoint counsel in certain contempt cases.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 427, Clarifying requirements for certain motor vehicle searches.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Senate Bill No. 108, Creating Unintentional Pharmaceutical Drug Overdose Fatality Review Team.
Com. Sub. for Senate Bill No. 353, Establishing First Informer Broadcasters Act.
Senate Bill No. 412, Relating to removal of elected county conservation district supervisors from office.
And,
Com. Sub. for Senate Bill No. 464, Regulating tanning facilities.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Unger and Prezioso.
Thereafter, at the request of Senator Laird, and by unanimous consent, the remarks by Senator Unger were ordered printed in the Appendix to the Journal.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Unger, the Senate adjourned until tomorrow, Friday, March 15, 2013, at 11 a.m.
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