WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-FIRST LEGISLATURE
REGULAR SESSION, 2013
THIRTY-FIFTH DAY
____________
Charleston, W. Va., Tuesday, March 19, 2013
The Senate met at 11 a.m.
(Senator Kessler, Mr. President, in the Chair.)
Prayer was offered by Pastor David Trauffer, First Church of the Nazarene, South Charleston, West Virginia.
Pending the reading of the Journal of Monday, March 18, 2013,
On motion of Senator Plymale, 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 passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2046--A Bill to amend the Code of West Virginia, 1931, as amended, relating to requiring wireless telecommunications carriers to provide location information to law-enforcement agencies in emergencies; permitting wireless communications carriers to establish protocols for disclosure of location information in an emergency; limiting liability of wireless communications carriers when acting in good faith; requiring wireless telecommunications carriers and resellers to provide emergency contact information; requiring the West Virginia State Police to maintain emergency contact database; and, granting rule-making authority.
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. 2497--A Bill to amend and reenact §30-40-11 of the Code of West Virginia, 1931, as amended, relating to application for a real estate license; requiring applicants for real estate licensure to undergo criminal history record checks; declaring the criminal history record check requirement is not against public policy; requiring applicants to submit fingerprints for the criminal history record check; requiring applicants to authorize the use of fingerprints to conduct the criminal history record check; prohibiting the release of criminal history records except in certain limited circumstances; declaring that criminal history records are not subject to the Freedom of Information Act; requiring the applicant to ensure that the criminal history record check is completed within ninety days of licensure application; requiring the applicant to pay the actual costs of the criminal history record check; requiring the commission to promulgate a legislative rule to make the procedures and requirements consistent with federal standards before implementing the requirement for criminal history record checks; and requiring the commission to issue a license to an attorney in good standing.
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, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2603--A Bill to repeal §48-26-404, §48-26-405, §48-26-601, §48-26-602, §48-26-901, §48-26-902, §48-26-1003, §48-26-1005, §48-26-1006 and §48-26-1007 of the Code of West Virginia, 1931, as amended; to amend and reenact §48-26-202, §48-26-203, §48-26-204, §48-26-205, §48-26-206, §48-26-301, §48-26-401, §48-26-402, §48-26-403, §48-26-406, §48-26-603, §48-26-604, §48-26-701, §48-26-1001, §48-26-1002 and §48-26-1004 of said code; and to amend said code by adding thereto nine new sections, designated §48-26-207, §48-26-208, §48-26-209, §48-26-210, §48-26-211, §48-26-212, §48-26-213, §48-26-214 and §48-26-407, all relating to the Family Protection Services Board; revising definitions; adding definitions; revising qualifications for membership on the board; adding two new members to the board; clarifying that the two ex officio members have voting privileges; providing for appointments for unexpired terms; providing appointments for members who become disqualified; clarifying the board’s powers and duties; authorizing legislative rules; increasing the percentage of board funds that may be used for administrative functions; authorizing the board to develop formulas to direct funds to certain programs; prohibiting programs from falsely representing that they are licensed; authorizing the board to develop preliminary and full application forms; providing for conditional, provisional and full licenses; authorizing the board to issue licenses for up to three years; updating provisions related to the closure of programs; authorizing the board to issue notices to cease and desist; setting forth procedures for hearings and appeals; clarifying the uses of the Domestic Violence Legal Services Fund; requiring programs to report annually to the board; updating confidentiality protections for programs participants; and including provisions related to monitored parenting and exchange programs.
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. 2762--A Bill to amend and reenact §33-12B-1 and §33-12B-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §33-12B-4a, all relating to insurance; licensure of insurance adjusters; definitions, including a definition of “automated claims adjudication system”; providing exemptions for certain individuals from producer or adjuster licensure in this state; and providing exemptions for certain individuals from adjuster licensure in this state and licensing residents of other countries in this state.
Referred to the Committee on Banking and Insurance; 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. House Bill No. 2770--A Bill to amend and reenact §17A-6-7 of the Code of West Virginia, 1931, as amended, relating to permitting dealers who sell fewer than eighteen new or used motor vehicles during a year to have their dealer licenses renewed.
Referred to the Committee on Transportation and Infrastructure; 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. 2819--A Bill to amend and reenact §33-31-16a of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-40-3 of said code, all relating to the financial oversight of entities regulated by the Insurance Commissioner; requiring captive insurance companies organized as risk retention groups to comply with risk-based capital for insurers’ provisions and state rules; and incorporating a solvency trend test for property and casualty insurance companies.
Referred to the Committee on Banking and Insurance; 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. House Bill No. 2847--A Bill to amend and reenact §11A-1-7 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11A-1-7a, all relating to the collection of delinquent real property and personal property taxes by county sheriffs.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
Com. Sub. for House Concurrent Resolution No. 4--Requesting the Division of Highways to rename the Rossmore Beam Span bridge over Island Creek on State Route 44, near Monaville, Logan County, bridge number 23-44-13.14, in District 2, the “USMC CPL Larry G. Curnutte 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. 6--Requesting that bridge number 23-119/5-1.00, on Route 119/5, otherwise known as the Pine Creek Road, in Pine Creek, outside of Omar, Logan County, West Virginia, be named the “Sergeant Elzie Mundy, Jr. 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. 14--Requesting that bridge number 23-16-5.11 on West Virginia Route 16, Buffalo Creek Road at Amherstdale, Logan County, West Virginia, be named the “Marine LCpl Benny A Gilco 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. 16--Requesting the Division of Highways to name the bridge on Route 73, crossing over Highway 5/05, in Logan, Logan County, West Virginia, the “Army Specialist-4 Harmon “Hoppy” Lee Hopson Jr. 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. 38--Requesting the Division of Highways to name the bridge over the Guyandotte River at Bridge Street between Route 10 and E. McDonald Avenue, in Man, Logan County, bridge number 23-10/14-0.01, constructed in 1986, as the “James Darrell Mangrum 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. 44--Requesting the Joint Committee on Government and Finance study the effectiveness and efficiency of the Supreme Court Rules on the Appeals process in West Virginia.
Referred to the Committee on the Judiciary; 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. 55--Requesting the Division of Highways to name the bridge known as Shavers Fork Bridge on U.S. Route 33 near Bowden in Randolph County, bridge number 42-33-18.44, as the “Trooper Brian William Linn 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. 59--Requesting the Division of Highways name bridge number 40-62-20.63 in Buffalo, Putnam County, West Virginia, the “Corporal Gerry Glen Simpson Memorial Bridge, United States Army”.
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. 68--Requesting that bridge number 10-16-21.80 carrying State Route 16 across the New River near Cotton Hill, Fayette County, West Virginia, currently named the Charles C. Rogers Bridge, be renamed the “Army Maj. Gen. Charles C. Rogers Memorial Bridge” to properly acknowledge the military title and rank of this career soldier who was awarded the nations highest military honor for bravery in Viet Nam.
Referred to the Committee on Transportation and Infrastructure.
The Senate proceeded 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 Bill No. 22, Requiring maternity and contraceptive coverage for all health insurance plan dependents.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 22 (originating in the Committee on Banking and Insurance)--A Bill to amend and reenact §5-16-7 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §33-15-4k; to amend said code by adding thereto a new section, designated §33-16-3w; to amend said code by adding thereto a new section, designated §33-24-7l; to amend said code by adding thereto a new section, designated §33-25-8i; and to amend said code by adding thereto a new section, designated §33-25A-8k, all relating generally to requiring health insurance coverage of maternity services in certain circumstances; providing maternity services for all individuals participating in or receiving insurance coverage under a health insurance policy if those services are covered under the policy; modifying required benefits for public employees insurance, accident and sickness insurance, group accident and sickness insurance, hospital medical and dental corporations, health care corporations and health maintenance organizations; and providing exceptions to the extent that required benefits exceed the essential health benefits specified under the Patient Protection and Affordable Care 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,
Gregory A. Tucker,
Chair.
The bill (Com. Sub. for S. B. No. 22), under the original double committee reference, was then referred to the Committee on Finance.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 201 (originating in the Committee on Health and Human Resources), Permitting expedited partner therapy.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 201 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-4F-1, §16-4F-2, §16-4F-3, §16-4F-4 and §16-4F-5; to amend and reenact §30-3-14 and §30-3-16 of said code; to amend and reenact §30-5-3 of said code; to amend and reenact §30-7-15a of said code; to amend and reenact §30-14-11 of said code; and to amend and reenact §30-14A-1 of said code, all relating to treatment for a sexually transmitted disease; defining terms; permitting prescribing of antibiotics to sexual partners of a patient without a prior examination of the partner; requiring patient counseling; establishing counseling criteria; requiring information materials be prepared by the Department of Health and Human Resources; providing limited liability for providing expedited partnership therapy; requiring legislative rules regarding what is considered a sexually transmitted disease; and providing that physicians, physician assistants, pharmacists and advanced nurse practitioners are not subject to disciplinary action for providing certain treatment for sexually transmitted diseases for sexual partners of a patient.
And,
Com. Sub. for Senate Bill No. 341 (originating in the Committee on Agriculture and Rural Development), Requiring livestock be enclosed by fence.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 341 (originating in the Committee on the Judiciary)--A Bill to repeal §19-17-5, §19-17-6, §19-17-7, §19-17-8, §19-17-10 and §19-17-11 of the Code of West Virginia, 1931, as amended; to repeal §19-18-4, §19-18-5, §19-18-6, §19-18-7, §19-18-8, §19-18-9, §19-18-10, §19-18-11 and §19-18-12 of said code; to amend and reenact §19-17-1, §19-17-2, §19-17-3 and §19-17-4 of said code; and to amend and reenact §19-18-1, §19-18-2 and §19-18-3 of said code, all relating generally to livestock; requiring livestock be enclosed by a fence; stating that fences are for grazing and livestock purposes; clarifying procedures to build, maintain and repair partition fences; requiring an adjoining landowner to pay portion of the cost of partition fence; requiring notice; providing an exception for emergency repairs; providing dispute resolution; authorizing the Commissioner of Agriculture to promulgate rules and emergency rules for fences; prohibiting livestock from trespassing; clarifying damages that may be recovered; permitting containment of livestock; requiring owner of trespassing livestock be notified; stating that containment costs may be negotiated and recovered in court; permitting the sheriff to contain unclaimed livestock; permitting unclaimed livestock be sold at auction and proceeds distributed; and establishing misdemeanor penalties.
With the recommendation that the two committee substitutes for committee substitutes do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Miller, from the Committee on Agriculture and Rural Development, submitted the following report, which was received:
Your Committee on Agriculture and Rural Development has had under consideration
Senate Bill No. 218, Including checkoff option on tax return for Jackson's Mill 4-H Camp.
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,
Ronald F. Miller,
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
Com. Sub. for Senate Bill No. 371 (originating in the Committee on the Judiciary), Relating to prison overcrowding.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 371 (originating in the Committee on Finance)--A Bill to amend and reenact §25-1-15 of the Code of West Virginia, 1931, as amended; to amend and reenact §28-5-27 of said code; to amend said code by adding thereto two new sections, designated §31-20-5g and §31-20-5h; to amend and reenact §61-7-6 of said code; to amend and reenact §62-11A-1a of said code; to amend and reenact §62-11B-9 of said code; to amend and reenact §62-11C-2, §62-11C-3 and §62-11C-6 of said code; to amend said code by adding thereto a new section, designated §62-11C-10; to amend and reenact §62-12-6, §62-12-7, §62-12-9, §62-12-10, §62-12-13, §62-12-14a, §62-12-15, §62-12-17 and §62-12-19 of said code; to amend said code by adding thereto a new section, designated §62-12-29; to amend and reenact §62-15-2 of said code; and to amend said code by adding thereto two new sections, designated §62-15-6a and §62-15-6b, all relating to public safety; requiring the Division of Corrections to perform graduated methods of mental health screens, appraisals and evaluations on persons committed to its custody; eliminating requirement for separate disciplinary rules at each institution; mandating one year of supervised release for violent inmates and deducting one year of their good time; mandating one hundred eighty days of supervised release for nonviolent inmates; setting an effective date for supervised release provisions; requiring the Commissioner of Corrections to adopt policies regarding mandatory supervised release; requiring the West Virginia Regional Jail Authority and Correctional Facility to use a standardized pretrial risk-screening instrument adopted by the Supreme Court of Appeals of West Virginia to screen persons arrested and placed in a regional jail; requiring the Division of Corrections to develop and implement a cognitive behavioral program for inmates in regional jails committed to the custody of the Commissioner of Corrections and requiring the Division of Corrections to pay its cost; exempting parole officers from prohibitions against carrying concealed weapons; moving definition of “day report center” to section relating to conditions of release on probation; providing standards and limitations under which judges and magistrates may impose a period of supervision or participation in day report program; clarifying language regarding confinement and revocation for violations of the conditions of home incarceration; adding representative of the Bureau for Behavioral Health and Health Facilities to the community corrections subcommittee of the Governor’s Committee on Crime, Delinquency and Correction; requiring that the community corrections subcommittee review, assess and report on the implementation of evidence-based practices in the criminal justice system; adding member with a background in substance abuse treatment and services to the community criminal justice boards to be appointed by the Commission or Commissions of the county or counties represented by the board; providing oversight responsibility to Division of Justice and Community Services to implement standardized risk and needs assessment, evaluate effectiveness of other modifications to community corrections programs and provide annual report; requiring probation officers to conduct a standardized risk and needs assessment for individuals placed on probation and to supervise probationer and enforce probation according to assessment and supervision standards adopted by the West Virginia Supreme Court of Appeals; requiring probation officers to perform random drug and alcohol tests of persons under their supervision; authorizing the Supreme Court of Appeals of West Virginia to adopt a standardized risk and needs assessment for use by probation officers; authorizing the Supreme Court of Appeals of West Virginia to adopt a standardized pretrial screening instrument for use by the Regional Jail Authority; providing standards and limitations under which judges may impose a term of reporting to a day report center as a condition of probation; authorizing day report center programs to provide services based on the results of a person’s standardized risk and needs assessment; providing for graduated sanctions in response to violations of the conditions of release on probation other than absconding or committing certain new criminal conduct; creating exceptions to new criminal conduct provisions; requiring copies of graduated sanctions confinement orders be supplied to the Commissioner of Corrections; providing that graduated sanctions confinement be paid by the Division of Corrections; revising eligibility requirements for accelerated parole program; requiring that Division of Corrections’ policies and procedures for developing a rehabilitation treatment plan include the use of substance abuse assessment tools and prioritize treatment resources based on the risk and needs assessment and substance abuse assessment results; providing for rebuttable presumption that parole is appropriate for inmates completing the accelerated parole program and a rehabilitation treatment program; providing standards and limitations for Parole Board; outlining duties of the Division of Corrections to supervise, treat and provide support services for persons released on mandatory supervised release; removing temporal standard for requirement that the Parole Board have access to a copy of an inmate’s physical, mental or psychiatric examination; authorizing Division of Corrections to employ directors of housing and employment for released inmates with duties relating to the reduction of parole release delays and finding employment; requiring parole officers to update the standardized risk and needs assessment for each person for whom an assessment has not been conducted for parole and to supervise each person according to the assessment and the commissioner’s supervision standards; authorizing the Commissioner of Corrections to issue a certificate authorizing an eligible parole officer to carry firearms or concealed weapons; providing standards and limitations under which the Division of Corrections may order substance abuse treatment or impose a term of reporting to a day report center or other community corrections program as a condition or modification of parole; authorizing the Commissioner of Corrections to enter into a master agreement with the Division of Justice and Community Services to reimburse counties for use of the community corrections programs; clarifying that parolee participation in community corrections is at program director’s discretion; providing for graduated sanctions in response to violations of the conditions of release on parole other than absconding or certain new criminal conduct; providing a parolee with the right to a hearing, upon request, regarding whether he or she violated the conditions of his or her release on parole; providing that graduated sanctions incarceration for parolees be paid for by Division of Corrections; providing for a Community Supervision Committee to be appointed by the Administrative Director of the Supreme Court of Appeals of West Virginia to coordinate the sharing of information for community supervision and requiring submittal of an annual report; revising definitions for Drug Offender Accountability and Treatment Act; providing standards and limitations under which judges may order treatment supervision for drug offenders; requiring the Division of Justice and Community Services to use appropriated funds to implement substance abuse treatment to serve those under treatment supervision in each judicial circuit; providing an effective date regarding standards and limitations; providing that the Division of Justice and Community Services in consultation with the Governor’s Advisory Committee on Substance Abuse is responsible for developing standards relating to quality and delivery of substance abuse services, requiring certain education and training, paying for drug abuse assessments and certified drug treatment from appropriated funds, requiring submittal of an annual report and specifying an effective date; outlining duties of treatment supervision service providers; providing for state payment of drug court participants’ incarceration under certain circumstances; defining terms; and making technical changes.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 371) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
Senator 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. 404, Defining certain habitually absent student as neglected child.
And,
Senate Bill No. 407, Requiring cellular and phone companies provide certain information to Bureau for Child Support Enforcement.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Tucker, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 443, Increasing minimum proof of financial responsibility in motor vehicle insurance coverage.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 443 (originating in the Committee on Banking and Insurance)--A Bill to amend and reenact §17A-6-10b of the Code of West Virginia, 1931, as amended; to amend and reenact §17A-6C-2 of said code; to amend and reenact §17C-22-2 of said code; to amend and reenact §17D-4-2, §17D-4-7 and §17D-4-12 of said code; and to amend and reenact §33-6-31 and §33-6-31d of said code, all relating to the minimum proof of financial responsibility in motor vehicle insurance coverage; increasing minimum proof of financial responsibility amounts; changing sections that refer to the specific prior financial responsibility amounts to now refer to the amounts specified in §17D-4-2; and minimizing the administrative burden by not requiring new insurance offers and new forms for making offers of uninsured and underinsured coverage.
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.
The bill (Com. Sub. for S. B. No. 443), under the original double committee reference, was then referred to the Committee on the Judiciary.
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. 458, Permitting PEIA health plans to operate on calendar-year basis.
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 Government Organization.
Respectfully submitted,
Gregory A. Tucker,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Government Organization.
Senator Facemire, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Bill No. 462, Extending time for informal conferences on surface mining permit applications.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Douglas E. Facemire,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Miller, from the Committee on Agriculture and Rural Development, submitted the following report, which was received:
Your Committee on Agriculture and Rural Development has had under consideration
Senate Bill No. 470, Permitting wine sale on Sunday mornings at fairs and festivals.
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 the Judiciary.
Respectfully submitted,
Ronald F. Miller,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Agriculture and Rural Development pending.
Senator Facemire, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Bill No. 488, Relating to property crimes committed against coal mines and industrial facilities.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 488 (originating in the Committee on Energy, Industry and Mining)--A Bill to amend and reenact §61-3-29 of the Code of West Virginia, 1931, as amended, relating to prohibiting damage to property of railroads, public utilities and certain production and distribution facilities; adding waste management facilities, storage facilities and timber operations to the protected properties; prohibiting destruction, damage or removal of property resulting in impairment to the normal, safe operation of those facilities; and providing criminal penalties.
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,
Douglas E. Facemire,
Chair.
The bill (Com. Sub. for S. B. No. 488), under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Miller, from the Committee on Agriculture and Rural Development, submitted the following report, which was received:
Your Committee on Agriculture and Rural Development has had under consideration
Senate Bill No. 504, Relating to cooperative associations.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Ronald F. Miller,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator 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. 506, Relating to residency requirement of state-chartered banking institution directors.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Gregory A. Tucker,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
By Senator Snyder:
Senate Bill No. 564--A Bill to amend and reenact §8-16-5 of the Code of West Virginia, 1931, as amended, relating to increasing the minimum construction cost of a municipal public works project before competitive bidding is required.
Referred to the Committee on Government Organization.
By Senator Snyder (By Request):
Senate Bill No. 565--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-3-10d, relating to the creation of a reverse auction pilot program for purchasing office supplies; outlining criteria for the Director of the Purchasing Division to consider in determining whether use of the reverse auction pilot program is appropriate; defining “reverse auction”; permitting third-party vendors to administer reverse auctions; affording the Director of the Purchasing Division rule-making authority to implement the reverse auction pilot program; and providing that the reverse auction pilot program expires on July 1, 2017.
Referred to the Committee on Government Organization.
By Senator Snyder:
Senate Bill No. 566--A Bill to amend and reenact §24-2-4b of the Code of West Virginia, 1931, as amended, relating to permitting Class III cities and Class IV towns and villages to opt into rate regulation by the Public Service Commission; setting forth the procedure; establishing that an enacted municipal rate is presumed to be lawful; setting forth a rate review procedure; setting forth a procedure to determine allegations of rate discrimination; lengthening certain time periods; and permitting those Class III cities and Class IV towns and villages who have opted into regulation by the Public Service Commission to opt out only by order of the commission.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Walters and D. Hall:
Senate Bill No. 567--A Bill to amend and reenact §16-2D-6 of the Code of West Virginia, 1931, as amended, relating to certificate of need; and establishing a definition of “no significant additional fiscal burden” in the minimum criteria for certificate of need reviews when an application is made by a hospital, nursing home or other health care facility to provide ventilator services which have not previously been provided for a nursing facility bed.
Referred to the Committee on Health and Human Resources; and then to the Committee on Government Organization.
By Senators Palumbo, Cookman, Stollings, Unger, Yost, Plymale, Fitzsimmons, McCabe and Miller:
Senate Bill No. 568--A Bill to amend and reenact §18A-5-1a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18A-5-1d, all relating to expulsion of students; providing school boards, school superintendents and principals with the option to allow certain expelled students to participate in Juvenile Drug Court; allowing the court to determine if the individual is an appropriate candidate; requiring those students to be subject to the court’s jurisdiction and all sanctions available to the Juvenile Drug Court; and authorizing reinstatement to school by a shortening of the expulsion term upon successful completion of Juvenile Drug Court.
Referred to the Committee on Education; and then to the Committee on the Judiciary.
By Senators Green, McCabe, Beach, Williams, Miller and D. Hall:
Senate Bill No. 569--A Bill to amend and reenact §29-3-11 of the Code of West Virginia, 1931, as amended, relating to the appointment of the State Fire Marshal with the advice and consent of the Senate.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Beach, Miller, D. Hall and Wells:
Senate Bill No. 570--A Bill to repeal §3-1-10 of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-1-2a, §3-1-4, §3-1-21, §3-1-21a, §3-1-22, §3-1-26, §3-1-32, §3-1-36, §3-1-37, §3-1-38, §3-1-39, §3-1-41, §3-1-42 and §3-1-49 of said code, all relating to cleaning up outdated language in article one, chapter three of the West Virginia Code.
Referred to the Committee on the Judiciary.
By Senators D. Hall and Green:
Senate Bill No. 571--A Bill to extend the time for the city council of the city of Oceana, Wyoming County, to meet as a levying body for the purpose of presenting to the voters of the city an election to supplement current funds for the city park and pool operation and for the purpose of paying all costs incurred in the laying of this additional levy from between the seventh and twenty-eighth days of March and the third Tuesday in April until May 31, 2013.
Referred to the Committee on Government Organization.
By Senator Cookman:
Senate Bill No. 572--A Bill to amend and reenact §12-3-18 of the Code of West Virginia, 1931, as amended, relating to claims against counties, school districts or municipalities.
Referred to the Committee on Government Organization.
By Senator Cookman:
Senate Bill No. 573--A Bill to amend and reenact §18-9-3a of the Code of West Virginia, 1931, as amended, relating to publication of financial statements by county boards of education; providing that only a notice of availability of the statement be published; and providing that the cost of publishing the notice be paid from the board’s general fund.
Referred to the Committee on Education.
Senators Palumbo, Chafin, Stollings, Unger, McCabe and Wells offered the following resolution:
Senate Concurrent Resolution No. 24--Requesting the Division of Highways to name U. S. Route 60 from Mile Post 31.50 to Mile Post 40.00 in Kanawha County the “Lou Tabit Highway”.
Whereas, Lou Tabit was born on July 24, 1932, in Montgomery, Fayette County, to Andrew and Frieda Tabit, immigrants from Lebanon; and
Whereas, Lou Tabit graduated from Montgomery High School (now Valley High School), obtained an accounting degree from University of Notre Dame in 1954 and then proceeded to obtain his doctor of jurisprudence degree from Georgetown University Law Center in 1957; and
Whereas, Lou Tabit married Norma Hanshaw and was blessed with two children, Mark and Janet; and
Whereas, Lou Tabit practiced law for fifty years and also worked in state government, serving as a special assistant attorney general, Director of the Business Occupation Tax Division and as a state tax hearing examiner; and
Whereas, Lou Tabit has worked for over fifty years to improve the quality of life of the citizens in the Upper Kanawha Valley in Kanawha and Fayette counties; and
Whereas, Lou Tabit recognized that an improved U. S. Route 60 would provide a safe commute for the local citizens and the students that attend West Virginia University School of Technology; and
Whereas, Lou Tabit created and chairs the Committee to Upgrade U. S. Route 60 to work with the West Virginia Division of Highways to upgrade U. S. Route 60 to a four-lane highway; and
Whereas, Lou Tabit successfully worked with the late Senator Robert C. Byrd and in 2010, the Division of Highways was awarded $4.5 million to repair slides along U. S. Route 60; and
Whereas, In May 2012, the Kanawha County Commission recognized the efforts of Lou Tabit to improve U. S. Route 60 and proclaimed Lou Tabit to be an honorary citizen of Kanawha County; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name U. S. Route 60 from Mile Post 31.50 to Mile Post 40.00 in Kanawha County the “Lou Tabit 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 highway, containing bold and prominent letters, proclaiming this roadway to be the “Lou Tabit Highway”; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways, to the Kanawha County Commission and to Mr. Lou Tabit and his children, Mark Tabit and Mary Janet Tabit.
Which, under the rules, lies over one day.
Senators Wells, Walters, McCabe, Palumbo, Stollings, Kessler (Mr. President), Unger, Yost, Beach, Tucker, Plymale and D. Hall offered the following resolution:
Senate Resolution No. 39--Designating March 19, 2013, as “West Virginia State University Day”.
Whereas, West Virginia State University was founded under the provisions of the Second Morrill Act of 1890, as the West Virginia Colored Institute, one of seventeen land-grant institutions authorized by Congress and designated by the states; and
Whereas, In 1927, under the leadership of President John W. Davis, through the expansion of academic programs and the construction of new buildings, the institution was accredited by the North Central Association and holds the longest continuous accreditation of any college or university in West Virginia; and
Whereas, In 1929, the institution became known as West Virginia State College and over the next decades West Virginia State College was recognized as one of the leading public institutions of higher education for African-Americans; and
Whereas, In 1954, the United States Supreme Court gave its historic decision outlawing school segregation and West Virginia State College rapidly transitioned to an integrated institution. The University now serves a predominantly white, nontraditional aged, commuter population; and
Whereas, In 2004, the West Virginia Legislature approved the transition to university status; and
Whereas, West Virginia State University now offers seventy-two academic program options, leading to twenty-one baccalaureate and four master’s degrees; and
Whereas, West Virginia State University is actively working with other state institutions of higher education to create additional pathways for degree-seeking students; and
Whereas, As one of only two land-grant institutions in the state, West Virginia State University’s Extension Service serves twenty-nine counties daily. These services aid approximately fifteen thousand people throughout the year, including ten thousand children through summer food programs; and
Whereas, As a regional research institution, West Virginia State University contributes significantly to state economic development efforts in the areas of biotechnology, plant, microbial and animal research; and
Whereas, With every dollar the state invests in West Virginia State University, the university generates nearly $16 spent in the West Virginia economy, resulting in an estimated economic output of $254 million per year; therefore, be it
Resolved by the Senate:
That the Senate hereby designates March 19, 2013, as “West Virginia State University Day”; and, be it
Further Resolved, That the Senate hereby recognizes West Virginia State University for its tremendous contributions to the State of West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Dr. Brian O. Hemphill, President of West Virginia State University.
At the request of Senator Wells, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Unger, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and proceeded to the seventh order of business.
Senate Concurrent Resolution No. 22, Requesting DOH name bridge in Kanawha County "Joseph Albert 'Joey' King, Jr., 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. 23, Requesting DOH name bridge in Wyoming County "Reverend Edward and Mary Mullins Memorial Bridge".
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. Senate Bill No. 183, Updating terms in Corporation Net Income Tax 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: Barnes, Beach, Blair, Boley, Cann, Carmichael, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Chafin--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. 183) 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, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Chafin--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. 183) 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. 208, Making supplementary appropriation from State Fund, General Revenue, to Department of Commerce, Division of Labor, and DHHR, Division of Human Services.
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, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Chafin--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 208) 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, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Chafin--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. 208) 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. 358, Relating to municipal policemen and firemen pensions.
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, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Chafin--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. 358) passed.
The following amendment to the title of the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Bill No. 358--A Bill to amend and reenact §8-22-18a, §8-22-19a and §8-22-25 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §8-22-18c; and to amend and reenact §8-22A-4 and §8-22A-9 of said code, all relating to municipal policemen and firemen pensions; providing additional investigatory and legal powers and duties of the West Virginia Municipal Pensions Oversight Board; liability disclaimer for board acts or omissions concerning investigatory or legal actions; requiring certain notice of lawsuit to the West Virginia Municipal Pensions Oversight Board; limiting certain court orders under certain circumstances; clarifying refunds to members; clarifying circumstances in which a member may retire when the member’s service has been interrupted by duty with the armed forces of the United States; extending the cut-off date for the West Virginia Municipal Police Officers and Firefighters Retirement System plan to 2017; and continuing the municipality’s disability retirement purchase requirement until 2017.
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, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Chafin--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. 358) 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. 446, Conforming motor fuel taxes with International Fuel Tax Agreement.
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, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Chafin--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. 446) 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, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Chafin--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. 446) 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 Senate Bill No. 27, Relating to administration of opioid antidote in emergency situations.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 441, Relating to withdrawal of erroneous state tax liens.
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. 477, Relating to electronic registration of voters.
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 eleventh order of business and the introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators Walters and Wells.
On motion of Senator Unger, a leave of absence for the day was granted Senator Chafin.
Pending announcement of meetings of standing and select committees of the Senate,
On motion of Senator Unger, the Senate adjourned until tomorrow, Wednesday, March 20, 2013, at 11 a.m.
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