WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-FIRST LEGISLATURE
REGULAR SESSION, 2013
THIRTY-SIXTH DAY
____________
Charleston, W. Va., Wednesday, March 20, 2013
The Senate met at 11 a.m.
(Senator Kessler, Mr. President, in the Chair.)
Prayer was offered by Elder Bobby Robinson, All Nations Revival Center, Dunbar, West Virginia.
Pending the reading of the Journal of Tuesday, March 19, 2013,
On motion of Senator Williams, 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, to take effect July 1, 2013, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2861--A Bill to amend and reenact §18-2-6 of the Code of West Virginia, 1931, as amended, relating to continued enrollment of at-risk student in public school while enrolled in an alternative program that meets certain conditions; making legislative findings on at-risk students, discouraged and defeated learners and purpose for authorizing continued enrollment; authorizing county superintendent to approve continued enrollment; providing conditions under which continued enrollment may be approved; and eliminating required annual report on cooperation with challenge academy.
Referred to the Committee on Education.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 45--Requesting that bridge number 21-15-8.77 on West Virginia Route 15, in Lewis County, West Virginia, be named the “Army PFC French E. Marsh 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. 46--Requesting the Division of Highways to name bridge number 21-23-7.67 on Route 23 in Lewis County, the "Martha Ellen Taylor & Sons 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. 58--Requesting the Division of Highways to name the bridge located at Sauls Run Rte 119\21, Lewis County, specifically bridge number 21-119\21-1.77, the "Marine Lance Corporal Michael Steven Garrett Memorial Bridge”.
Referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the fourth order of business.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 10, Permitting independent initiation of disciplinary proceedings by certain licensing boards.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Herb Snyder,
Chair.
The bill, 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
Com. Sub. for Senate Bill No. 11 (originating in the Committee on Health and Human Resources), Relating to WV schedules of controlled substances.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 11 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §60A-1-101 of the Code of West Virginia, 1931, as amended; to amend and reenact §60A-2-204, §60A-2-206, §60A-2-208, §60A-2-210 and §60A-2-212 of said code; and to amend and reenact §60A-3-308 of said code, all relating generally to modifying and updating schedules of controlled substances; modifying and including definitions; adding and adjusting certain substances to schedules of controlled substances; limiting hydrocodone prescriptions to a thirty-day supply and three months without renewal; removing certain substances from schedules of controlled substances; and updating West Virginia schedules of controlled substances to include certain substances found in the federal schedules of controlled substances.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
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. 190, Relating to public-private transportation projects funding.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator 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. 228, Authorizing Broadband Deployment Council promulgate legislative rule relating to broadband deployment grants programs.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Robert D. Beach,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 281, Authorizing DMV promulgate legislative rule relating to denial, suspension, revocation, disqualification, restriction, nonrenewal, cancellation, administrative appeals and reinstatement of motor vehicle operating privileges.
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,
Robert D. Beach,
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 Transportation and Infrastructure pending.
Senator Yost, from the Committee on Labor, submitted the following report, which was received:
Your Committee on Labor has had under consideration
Senate Bill No. 334, Requiring certain public works employees complete construction safety program.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 334 (originating in the Committee on Labor)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-3-22, relating to requiring onsite employees at certain public works construction projects to complete an Occupational Safety and Health Administration-approved ten-hour construction safety program; requiring the retention of training records; authorizing the Commissioner of Labor to issue cease-and-desist notices; providing civil penalties for violations; providing criminal penalties for exhibiting false documents; and exempting certain persons.
And,
Senate Bill No. 516, Modifying bond requirement for closing-out sales, fire sales and defunct business sales.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 516 (originating in the Committee on Labor)--A Bill to amend and reenact §47-11B-9 of the Code of West Virginia, 1931, as amended, relating to the bond required for closing-out sales, fire sales and defunct business sales; conditioning issuance of a license upon the posting of a bond; clarifying that the face amount of the bond is determined from the inventory of goods to be sold; and changing the authority for the approval of the form of bond from the local prosecuting attorney to the Commissioner of Labor.
With the recommendation that the two committee substitutes do pass; but under the original double committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Jack Yost,
Chair.
The bills (Com. Sub. for S. B. Nos. 334 and 516), under the original double committee references, were then referred to the Committee on the Judiciary.
Senator Yost, from the Committee on Labor, submitted the following report, which was received:
Your Committee on Labor has had under consideration
Senate Bill No. 355, Relating to final wage payment to discharged employees.
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,
Jack Yost,
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 Labor 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. 449, Relating to disposal of certain electronic devices.
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,
Herb Snyder,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with amendments from the Committee on Government Organization pending.
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. 461, Relating to procedures and protections for child witnesses in domestic relations proceedings.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 461 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto four new sections, designated §48-1-401, §48-1-402, §48-1-403 and §48-1-404; to amend said code by adding thereto a new article, designated §49-1A-1, §49-1A-2, §49-1A-3 and §49-1A-4; and to amend and reenact §62-6B-2, §62-6B-3 and §62-6B-4 of said code, all relating to child witnesses; creating procedures and protections for child witnesses in domestic relations and child abuse and neglect proceedings; amending procedures and protections for child witnesses in criminal proceedings; setting forth the rights of child witnesses; establishing the procedure and safeguards to be used when taking testimony of a child witness; setting criteria that a court should use when addressing child witnesses; permitting a court in certain instances to permit a child witness to give testimony by closed-circuit television; establishing certain procedures to be used when taking testimony of a child witness by closed-circuit television; protecting recordings made of statements by child witnesses; providing for confidentiality; providing for criteria for instances when the child witness may also be a victim; permitting a support person and other accommodations for a child witness in certain situations; defining terms; increasing the age of a child witness in criminal cases; adjusting findings that must be made with regard to certain child witnesses; updating procedures for taking testimony of child witnesses by closed-circuit television in criminal cases; removing the option from criminal defendants to absent themselves from the courtroom during child witness testimony in lieu of testimony by closed-circuit television; providing additional accommodations available to a court for child witnesses in criminal cases; and setting requirements for use of recordings of child witnesses.
And,
Senate Bill No. 534, Correcting internal code reference regarding insurance information disclosure.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 534 (originating in the Committee on the Judiciary)--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.
With the recommendation that the two committee substitutes do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 489, Permitting community enhancement districts to decrease annual property assessments.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Herb Snyder,
Chair.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 510, Permitting state employees be appointed to state officer position without pay reduction.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 510 (originating in the Committee on Government Organization)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §6-7-2b, relating to exception to limitation on salaries of certain appointive state officers.
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. 510), under the original double committee reference, was then referred to the Committee on Finance.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 522, Relating to collection and processing of certain court fees.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 522 (originating in the Committee on the Judiciary)--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.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Corey Palumbo,
Chair.
The bill (Com. Sub. for S. B. No. 522), 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. 523, Making supplementary appropriation of unappropriated moneys to various accounts.
Senate Bill No. 524, Supplementing, amending, decreasing and increasing appropriations from State Road Fund to DOT.
Senate Bill No. 525, Making supplementary appropriation of federal funds to various accounts.
And,
Senate Bill No. 526, Making supplementary appropriation of federal funds to DHHR, Division of Human Services-Temporary Assistance for Needy Families.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 540, Permitting Ohio County Commission levy special district excise tax.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 540 (originating in the Committee on Government Organization)--A Bill to amend and reenact §7-22-9 of the Code of West Virginia, 1931, as amended, relating to permitting the Ohio county commission to levy a special district excise tax; increasing the Fort Henry economic opportunity development project district from three hundred to five hundred contiguous acres of land; and permitting the Monongalia county commission to levy a special district excise tax for University Towne Center comprising approximately one thousand four hundred fifty contiguous acres of land.
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. 540), 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. 544, Scheduling departmental performance reviews.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 544 (originating in the Committee on Government Organization)--A Bill to amend and reenact §4-10-8 of the Code of West Virginia, 1931, as amended, relating to the schedule of departments for agency review.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Herb Snyder,
Chair.
Senator Beach, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 553, Relating to Highway Design-Build Pilot Program.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 553 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §17-2D-2 and §17-2D-5 of the Code of West Virginia, 1931, as amended, all relating to the continuation of the Highway Design-Build Pilot Program; changing the name to the Highway Design-Build Program; removing the sunset date of the program; modifying limitations on design-build projects; requiring identification of design-build projects; modifying reporting requirements; and requiring annual reporting.
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. 553), under the original double committee reference, was then referred to the Committee on Finance.
Senator Wells, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Eng. House Bill No. 2361, Relating to the definition of "eligible veteran" for certain state training and employment preference benefits.
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,
Erik P. Wells,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
At the request of Senator Wells, and by unanimous consent, the Senate returned to the second order of business and the introduction of guests.
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 Senators Kessler (Mr. President), Beach, Chafin, Edgell, Facemire, Fitzsimmons, Green, D. Hall, Laird, Miller, Snyder, Stollings, Unger, Yost, Plymale, Cookman and Wells:
Senate Bill No. 574--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-16-1, §21-16-2 and §21-16-3, all relating to requiring the use of American manufactured goods in the construction, alteration or repair of public buildings and public works; and definitions.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators McCabe, Edgell, Walters, Wells, Kessler (Mr. President), Unger and Miller:
Senate Bill No. 575--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 Jenkins, McCabe, Kessler (Mr. President), Plymale, Chafin and D. Hall:
Senate Bill No. 576--A Bill to amend and reenact §33-3-14d of the Code of West Virginia, 1931, as amended; and to amend and reenact §36-8-13 of said code, all relating to providing for the transfer of moneys from the Unclaimed Property Trust Fund to the Municipal Pensions and Protection Fund for the purpose of satisfying certain amounts due to policemen's and firemen's pension and relief funds; providing that the Municipal Pension Oversight Board or other entity may not seek to recover from a relief or pension fund, the Teachers Retirement System or the state any overpayments received from the Municipal Pensions and Protection Fund; and that the overpayments are not subject to recovery, offset or litigation.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Beach, Blair, Cann, Carmichael, Cole, Cookman, Edgell, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Prezioso, Snyder, Tucker, Unger, Walters, Wells, Williams, Yost, Stollings, Kessler (Mr. President) and Plymale:
Senate Bill No. 577--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-48, relating to requiring county boards of education to allow students with special needs to participate in graduation ceremonies with their peers; and prohibiting county boards from denying special needs services to a student due to participating in the graduation ceremonies.
Referred to the Committee on Education.
By Senators Beach and Plymale:
Senate Bill No. 578--A Bill to amend and reenact §17A-3-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17D-2A-2, §17D-2A-5 and §17D-2A-7 of said code, all relating to requiring a certificate of insurance in order to register and operate a motor vehicle; requiring proof of insurance when registering a motor vehicle; requiring a certificate of insurance to be in effect during the entire term of the vehicle registration period; permitting a discretionary electronic acknowledgment exception; clarifying that certain security provisions do not apply to commercial vehicles insured under commercial auto coverage; removing the requirement that insurance companies must notify the Division of Motor Vehicles when a policy holder’s vehicle insurance has been canceled; removing an outdated reporting requirement; clarifying and increasing the penalties for vehicle owners who do not have the required security in effect; replacing the driver’s license suspension penalty of a person who knowingly operates a vehicle without the required security with a provision stating that a person who is not the vehicle owner and who is convicted of operating a motor vehicle that does not have the required security shall have the conviction placed on the driver's license record; and prohibiting the Division of Motor Vehicles from taking action against a person cited for driving without insurance if the citation is received by the division more than one year from the date of the offense.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senators Beach, Miller and D. Hall:
Senate Bill No. 579--A Bill to repeal §3-3-2a, §3-3-3a and §3-3-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-3-1, §3-3-2, §3-3-3, §3-3-4, §3-3-5, §3-3-5a, §3-3-5b, §3-3-5c, §3-3-8, §3-3-10 and §3-3-11 of said code; and to amend said code by adding thereto two new sections, designated §3-3-3b and §3-3-3c, all relating to absentee and early in-person voting; and cleaning up and updating existing language in the code.
Referred to the Committee on the Judiciary.
By Senator Stollings:
Senate Bill No. 580--A Bill to repeal §30-4-8a, §30-4-10a, §30-4-25, §30-4-26, §30-4-27, §30-4-28 and §30-4-29 of the Code of West Virginia, 1931, as amended; to repeal §30-4A-6a, §30-4A-6b, §30-4A-6c, §30-4A-6d and §30-4A-18 of said code; to repeal §30-4B-5, §30-4B-6, §30-4B-7 and §30-4B-8 of said code; to amend and reenact §30-4-1, §30-4-2, §30-4-3, §30-4-4, §30-4-5, §30-4-6, §30-4-7, §30-4-8, §30-4-9, §30-4-10, §30-4-11, §30-4-12, §30-4-13, §30-4-14, §30-4-15, §30-4-16, §30-4-17, §30-4-18, §30-4-19, §30-4-20, §30-4-21, §30-4-22, §30-4-23 and §30-4-24 of said code; to amend and reenact §30-4A-1, §30-4A-2, §30-4A-3, §30-4A-4, §30-4A-5, §30-4A-6, §30-4A-7, §30-4A-8, §30-4A-9, §30-4A-10, §30-4A-11, §30-4A-12, §30-4A-13, §30-4A-14, §30-4A-15, §30-4A-16 and §30-4A-17 of said code; and to amend and reenact §30-4B-1, §30-4B-2, §30-4B-3 and §30-4B-4 of said code, all relating to the practice of dentistry; prohibiting the practice of dentistry without a license; providing other applicable sections; providing definitions; providing for board composition; setting forth the powers and duties of the board; clarifying rule-making authority; continuing a special revenue account; establishing license, certification and permit requirements; creating a scope of practice; creating a temporary permit; establishing renewal requirements; providing for exemptions from licensure; providing requirements for the display of a board authorization; permitting the board to file an injunction; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; providing criminal penalties; and updating references.
Referred to the Committee on Health and Human Resources; and then to the Committee on Government Organization.
By Senators Kirkendoll, Kessler (Mr. President), Beach, Barnes and Fitzsimmons:
Senate Bill No. 581--A Bill to amend and reenact §59-1-10 and §59-1-11 of the Code of West Virginia, 1931, as amended, all relating to increasing certain filing fees in certain civil actions; establishing new filing fees in certain civil actions; and requiring that those new and increased fees be deposited in the existing Fund for Civil Legal Services for Low-Income Persons and an amount retained by the clerk’s office.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Palumbo, Carmichael, Cole, Cookman, M. Hall, Jenkins, Stollings, Tucker and Williams:
Senate Bill No. 582--A Bill to amend and reenact §55-10-1, §55-10-2, §55-10-3, §55-10-4, §55-10-5, §55-10-6, §55-10-7 and §55-10-8 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto twenty-four new sections, designated §55-10-9, §55-10-10, §55-10-11, §55-10-12, §55-10-13, §55-10-14, §55-10-15, §55-10-16, §55-10-17, §55-10-18, §55-10-19, §55-10-20, §55-10-21, §55-10-22, §55-10-23, §55-10-24, §55-10-25, §55-10-26, §55-10-27, §55-10-28, §55-10-29, §55-10-30, §55-10-31 and §55-10-32, all relating generally to arbitration; defining terms; defining notice under the article; defining when article applies; proscribing the effect of agreements to arbitrate and defining nonwaivable provisions; allowing for application for judicial relief under the article; making an agreement to arbitrate valid unless a legal or equitable reason for revocation exists; providing for the terms by which arbitration may continue if challenged; providing for the process for motions to compel or stay arbitration; providing for provisional remedies to protect the effectiveness of arbitration proceedings; providing the process for initiation of arbitration; providing for the consolidation of separate arbitration proceedings; providing for the appointment of an arbitrator and default process if not agreed by the parties; requiring neutrality of arbitrators; requiring disclosure by arbitrators of matters affecting impartiality; requiring a majority of arbitrators to agree to exercise powers; providing immunity for arbitrators; requiring competency to testify and providing for attorneys’ fees and costs for challenges from which arbitrators are immune; providing the general process for arbitration; allowing parties to be represented by a lawyer in arbitrations; outlining the procedure for witnesses, subpoenas, depositions and discovery in arbitrations; providing for judicial enforcement of preaward ruling by arbitrator; providing for a record of an award and the requirements for an award; allowing the change of an award by an arbitrator upon motion under certain conditions; providing that certain remedies and the fees and costs of arbitration may be a part of an arbitration award; allowing for confirmation by a court of an award upon motion; providing the process and grounds for vacating an award by a court; providing the process and grounds for the modification or correction of an award upon motion; providing that a court shall enter a judgment upon confirmation of an award and may add reasonable attorneys’ fees and costs; providing for jurisdiction over arbitration agreements by a court of this state; providing venue; providing that appeals may be taken from orders related to arbitration proceedings; requiring uniform construction of the act; providing that this act complies with the Electronic Signatures in Global and National Commerce Act; and providing the effective date of the act.
Referred to the Committee on Interstate Cooperation; and then to the Committee on the Judiciary.
By Senator Kirkendoll:
Senate Bill No. 583--A Bill to amend and reenact §16-5V-9 of the Code of West Virginia, 1931, as amended, relating to transfer from Public Employees Retirement System to the Emergency Medical Services Retirement System; and providing that a transferring director has thirty-six months from the date of application to pay all associated costs.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Cann, Green, Wells, Walters, Palumbo, Laird, Miller, Tucker, Snyder, Kessler (Mr. President), Kirkendoll, Stollings, Cookman, Plymale and Fitzsimmons:
Senate Bill No. 584--A Bill to amend and reenact §62-11C-5 and §62-11C-7 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §62-11F-1, §62-11F-2, §62-11F-3, §62-11F-4 and §62-11F-5, all relating to authorizing community corrections programs to operate pretrial release program; legislative findings; establishing guidelines; and setting fees.
Referred to the Committee on the Judiciary.
By Senators Palumbo, Cookman and Kessler (Mr. President):
Senate Bill No. 585--A Bill to amend and reenact §37-6-30 of the Code of West Virginia, 1931, as amended, relating to maintaining residential property in a habitable condition; requiring delivery of a brochure on mold and moisture at the commencement of a tenancy; specifically including accumulation of moisture and growth of mold as an example of what can cause a residential property to be unfit or uninhabitable; and clarifying that a landlord cannot use nonpayment of rent as an excuse to not make necessary repairs when the landlord was notified of the need for repairs prior to the nonpayment of rent and did not take sufficient action.
Referred to the Committee on the Judiciary.
Senator Unger offered the following resolution:
Senate Concurrent Resolution No. 25--Requesting the Joint Committee on Government and Finance study how West Virginia can create new jobs, increase industrial competitiveness and reduce emissions through development and deployment of distributed electricity generation technologies, including industrial cogeneration and energy recycling.
Whereas, Distributed generation offers many potential benefits, including enhanced grid stability, deferred transmission and distribution system upgrades and local job creation; and
Whereas, Development of West Virginia's cogeneration potential provides an opportunity to use some of West Virginia's natural gas resources for economic development within the state; and
Whereas, Cogeneration is a more efficient use of fossil fuels, providing reductions in greenhouse gas emissions and other pollutants; and
Whereas, The recent Executive Order No. 13624 established the development of combined heat and power (cogeneration) as a national priority; and
Whereas, Several distributed generation projects that would have provided jobs and local economic development in West Virginia have stalled due to an inability to obtain a fair price for power sales to the grid; and
Whereas, West Virginia's utility companies have no incentive to purchase the power from distributed generation projects under long-term contracts that would make the development of those projects financially feasible; and
Whereas, Other states have enacted policies ensuring that distributed generation developers can receive a fair price for their electricity; and
Whereas, A thorough study is necessary to understand the barriers to developing distributed generation systems in West Virginia and policies to effectively remove those barriers; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study how West Virginia can create new jobs, increase industrial competitiveness and reduce emissions through development and deployment of distributed electricity generation technologies, including industrial cogeneration and energy recycling; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to study how West Virginia can promote distributed electricity generation technologies, including industrial cogeneration, to spur economic development and reduce emissions; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2014, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 24, Requesting DOH name portion of U. S. Route 60 in Kanawha County "Lou Tabit Highway".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 27, Relating to administration of opioid antidote in emergency situations.
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, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Blair--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. 27) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 441, Relating to withdrawal of erroneous state tax liens.
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, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Blair--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. 441) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 477, Relating to electronic registration of voters.
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, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--33.
The nays were: None.
Absent: Blair--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. 477) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Com. Sub. for Com. Sub. for Senate Bill No. 371, Relating to prison overcrowding.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Palumbo, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page seventeen, section five-g, line five, after the word “Virginia.” by inserting the following: The results of all standardized risk and needs assessments are confidential.;
On page twenty-seven, section one-a, lines one hundred fourteen through one hundred twenty-five, by striking out all of subsection (h) and inserting in lieu thereof a new subsection, designated subsection (h), to read as follows:
(h) Magistrates may only impose a period of participation in a day report center with the consent by general administrative order of the supervising judge or chief judge of the judicial circuit in which he or she presides. The day report center staff shall determine which services a person receives based on the results of the standardized risk and needs assessment adopted by the Supreme Court of Appeals of West Virginia under subsection (d), section six, article twelve of this chapter, along with any other conditions of supervision set by the court.;
On page forty, section ten, line five, after the word "Virginia" by changing the semicolon to a period and inserting the following: "The results of all standardized risk and needs assessments are confidential;";
On page forty-one, section six, line nine, after the word "officer" by changing the semicolon to a period and inserting the following: "The results of all standardized risk and needs assessments are confidential;";
On page forty-four, section six, line sixty-eight, after the word “assessment.” by inserting the following: The results of any standardized risk and needs assessment are confidential.;
On page sixty-six, section thirteen, line one hundred ninety, after the word “assessment” by inserting the following: The results of all standardized risk and needs assessments and substance abuse assessments are confidential.;
And,
On page ninety-four, section fifteen, line ten, after the word “Appeals.” by inserting the following: The results of all standardized risk and needs assessments and risk cut-off scores are confidential.
The bill (Com. Sub. for Com. Sub. for S. B. No. 371), as amended, was then 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:
Com. Sub. for Com. Sub. for Senate Bill No. 201, Permitting expedited partner therapy.
Com. Sub. for Com. Sub. for Senate Bill No. 341, Relating to livestock fencing and trespassing.
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.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Green, Miller and M. Hall.
Thereafter, at the request of Senator Barnes, and by unanimous consent, the remarks by Senator Green were ordered printed in the Appendix to the Journal.
On motion of Senator M. Hall, a leave of absence for the day was granted Senator Blair.
Pending announcement of meetings of standing and select committees of the Senate,
On motion of Senator Unger, the Senate adjourned until tomorrow, Thursday, March 21, 2013, at 11 a.m.
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