Senate Daily Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2013

FORTY-FIRST DAY

____________

Charleston, W. Va., Monday, March 25, 2013

The Senate met at 11 a.m.

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

Prayer was offered by the Reverend Lewis Arnold, Mullens Pentecostal Holiness Church, Mullens, West Virginia.

Pending the reading of the Journal of Friday, March 22, 2013,

On motion of Senator Palumbo, the Journal was approved and the further reading thereof dispensed with.

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

The Senate then proceeded to the third order of business.

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

Eng. Com. Sub. for Senate Bill No. 359, Relating generally to reforming public education.

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

Eng. Com. Sub. for House Bill No. 2124--A Bill to amend and reenact §5F-2-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto twelve new sections, designated §5F-2-1a, §5F-2-1b, §5F-2-1c, §5F-2-1d, §5F-2-1e, §5F-2-1f, §5F-2-1g, §5F-2-1h, §5F-2-1i, §5F-2-1j, §5F-2-1k and §5F-2-1l, all relating to the reorganization of certain code provisions that organize the executive branch of state government.

Referred to the Committee on Government Organization; and then to the Committee on Finance.

A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2013, and requested the concurrence of the Senate in the passage of

Eng. Com. Sub. for House Bill No. 2360--A Bill to repeal §11-1C-5b of the Code of West Virginia, 1931, as amended; to repeal §18-9A-2a of said code; and to amend and reenact §18-9A-2 and §18-9A-11 of said code, all relating to public school support computation of local share; removing provisions for using assumed assessed values for the purpose of computation; removing provisions for increasing counties’ local share responsibility for funding basic foundation education formula when property assessments are not at least fifty-four percent of market value as indicated by assessment ratio study; revising definitions; removing certain provisions relating to obligations created in special acts for certain counties to provide funding for public libraries; and encouraging county boards to support public libraries within their counties.

Referred to the Committee on Education; and then to the Committee on Finance.

A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2013, and requested the concurrence of the Senate in the passage of

Eng. House Bill No. 2508--A Bill to amend and reenact §7-22-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §8-38-7 of said code, all relating to the amount of capital investment required as a prerequisite to approval of an economic opportunity development district project; increasing the capital investment threshold amount from more than $25 million to more than $75 million for development expenditures proposed to be made in county economic opportunity development districts and in municipal economic opportunity development districts in the first twenty-four months following their creation; and increasing the capital investment threshold amount from more than $25 million to more than $75 million for development expenditures in a project involving remediation to be made in county economic opportunity development districts and in municipal economic opportunity development districts in the first forty-eight months following their creation.

Referred to the Committee on Finance.

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

Eng. Com. Sub. for House Bill No. 2514--A Bill to amend and reenact §11-13X-5 of the Code of West Virginia, 1931, as amended, relating to the Film Industry Investment Act; lowering the amount of credit allowed and lowering the total amount of tax credits available in a given fiscal year.

Referred to the Committee on Finance.

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

Eng. House Bill No. 2516--A Bill to amend and reenact §11-21-9 of the Code of West Virginia, 1931, as amended, relating to updating the meaning of federal adjusted gross income and certain other terms used in the West Virginia Personal Income Tax Act so the definitions conform with the Internal Revenue Code's definitions; and specifying effective dates.

Referred to the Committee on Finance.

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

Eng. Com. Sub. for House Bill No. 2534--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, as amended, by adding thereto a new article, designated §47-26-1, §47-26-2, §47-26-3, §47-26-4 and §47-26-5, all relating to the regulation of pawn brokers; defining terms; requiring transaction records; specifying misdemeanor criminal penalty for violations; requiring record retention; and allowing for additional local regulation by municipalities or counties.

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. House Bill No. 2784--A Bill to amend and reenact §7-14D-2, §7-14D-7, §7-14D-9, §7-14D-16 and §7-14D-19 of the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto a new section, designated §7-14D-7a, all relating to the Deputy Sheriff Retirement System Act; defining member, retire and retirement; providing for the correction of errors; providing that an estimation of benefits is provided prior to the submission of a retirement application from a member; and providing for recertification of disability.

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

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

Eng. House Bill No. 2814--A Bill to amend and reenact §61-2-17 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §61-11B-1, §61-11B-2, §61-11B-3, §61-11B-4, §61-11B-5, §61-11B-6 and §61-11B-7, all relating to human trafficking; modifying definitions of human trafficking and sex trafficking of adults; authorizing forfeiture of certain assets used in human trafficking; authorizing civil cause of action for victims of human trafficking; requiring classification of victims and immigration assistance under specified circumstances; specifying that a victim of human trafficking is a victim under the West Virginia Crime Victims Compensation Act; providing a procedure for vacating certain prostitution convictions; and providing that remedies are cumulative.

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. 2848--A Bill to amend and reenact §11A-3-18, §11A-3-22, §11A-3-27, §11A-3-28 and §11A-3-55 of the Code of the West Virginia, 1931, as amended, all relating generally to the sale of tax liens and nonentered, escheated and waste and unappropriated lands; providing for the forfeiture of the rights of a purchaser under certain circumstances where a tax certificate of sale has ceased to be a lien on the property; authorizing certain refunds after forfeiture of rights to a tax deed if requested in a timely manner; establishing an alternative mailing address for the delivery of certain notices to redeem property; modifying the requirements for petitioning to compel execution of a deed by the auditor; and removing provisions that preserve certain rights of a purchaser and that award costs to a petitioner in the case of a petition where a court determines the auditor’s failure or refusal to execute a deed was without reasonable cause.

Referred to the Committee on the Judiciary.

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

Eng. Com. Sub. for House Bill No. 2858--A Bill to amend and reenact §24-2-4f of the Code of West Virginia, 1931, as amended, relating generally to consumer rate relief bonds; providing that the rate adjustment mechanism is the exception to the state’s pledge not to reduce, alter or impair consumer rate relief charges until all amounts to be paid to an assignee or financing party are paid or performed in full.

Referred to the Committee on the Judiciary; and then to the Committee on Finance.

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

Eng. House Bill No. 2933--A Bill to amend and reenact §62-12-13 and §62-12-23 and of the Code of West Virginia, 1931, as amended, all relating to the Parole Board’s duty to notify prosecuting attorneys of an offender’s parole hearing and release.

Referred to the Committee on the Judiciary.

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

House Concurrent Resolution No. 12--Expressing the sense of the Legislature that designating the annual observance of March 31 as “West Virginia State Trooper Day” will appropriately honor the West Virginia State Police and our state troopers and, in addition, serve to increase the awareness and understanding of the West Virginia State Police and our state troopers’ contributions to the daily fabric of our lives and sacrifices to theirs and their families.

On motion of Senator Unger, consideration of the message was made a special order of business under unfinished business for Friday, March 29, 2013.

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

Com. Sub. for House Concurrent Resolution No. 17--Requesting that the I-79 interchange at Exit 34, the Wallback, West Virginia exit, be named the “State Police Cpl. Marshall Lee Bailey and Trooper Eric Michael Workman Memorial Interchange”, that each bridge at the interchange be named the “State Police Cpl. Marshall Lee Bailey and Trooper Eric Michael Workman Memorial Bridge”, and that the east-bound and west-bound lanes of State Route 36 at the interchange be named the “State Police Cpl. Marshall Lee Bailey and Trooper Eric Michael Workman Memorial Road”.

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. 50--Requesting the Joint Committee on Government and Finance to schedule the June 2013 Legislative Interim Committee meetings in Wheeling during the week of June 20.

Referred 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

House Concurrent Resolution No. 73--Requesting the Division of Highways to rename bridge number 30-3/5-21.47 on County Road 3/5 in Mingo County, West Virginia, currently known as Board Camp Branch Bridge, the “Nancy E. May 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. 74--Requesting that bridge number 17-270-1.33 on Route 270 in Lost Creek, Harrison County, West Virginia, be named the “USMC LCpl. David Lee Powell 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. 78--Requesting the Division of Highways to name bridge number 17-N01/95-0.06 spanning Ann Run in Bridgeport, in Harrison County the “Louis J. “Zeke” Trupo 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. 87--Requesting the Division of Highways to erect signs at the Tyler County line on WV Route 2, entering from Pleasant County at mile point 0.00, and entering from Wetzel County at mile point 13.93; and on WV Route 18 entering from Doddridge County at mile point 0.00, that read “Home of the 2011 FFA Land Judging and Homesite Evaluation National Champions”.

Referred to the Committee on Transportation and Infrastructure.

Executive Communications

The Clerk then presented a communication from His Excellency, the Governor, advising that on March 22, 2013, he had approved Enr. Senate Bill No. 197.

The Senate proceeded to the fourth order of business.

Senator Jenkins, from the Committee on Pensions, submitted the following report, which was received:

Your Committee on Pensions has had under consideration

Senate Bill No. 403, Relating to judicial retirement system contribution rates.

And has amended same.

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

Respectfully submitted,

Evan H. Jenkins,

Chair.

The bill, under the original double committee reference, was then referred to the Committee on Finance, with an amendment from the Committee on Pensions pending.

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. 491, Relating to rental car license cost recovery fee.

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

Respectfully submitted,

Robert D. Beach,

Chair.

Senator Jenkins, from the Committee on Pensions, submitted the following report, which was received:

Your Committee on Pensions has had under consideration

Senate Bill No. 507, Relating to PERS and State Police Retirement System contribution rates.

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

Respectfully submitted,

Evan H. Jenkins,

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. 515, Relating to use of television receivers and other devices in vehicles.

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. 521, Creating amnesty program for certain drivers with suspended licenses.

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

Com. Sub. for Senate Bill No. 521 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §17B-3-3c and §17B-3-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §17B-3-9a, all relating to creating an amnesty program for certain persons with suspended or revoked licenses to allow reinstatement; establishing a time period and certain procedures for the amnesty program; creating exceptions to the amnesty period; making certain technical corrections; requiring certain tickets amnestied remain listed as unsatisfied on court records and amounts remain due; requiring certain suspension or revocation time remaining be waived in certain situations; requiring a public awareness campaign regarding the amnesty program; and providing for rule-making authority.

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,

Robert D. Beach,

Chair.

The bill (Com. Sub. for S. B. No. 521), under the original double committee reference, was then referred to the Committee on the Judiciary.

Senator Jenkins, from the Committee on Pensions, submitted the following report, which was received:

Your Committee on Pensions has had under consideration

Senate Bill No. 576, Transferring moneys from Unclaimed Property Trust Fund to Municipal Pensions and Protection Fund.

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,

Evan H. Jenkins,

Chair.

The bill, under the original double committee reference, was then referred to the Committee on Finance.

Senator Jenkins, from the Committee on Pensions, submitted the following report, which was received:

Your Committee on Pensions has had under consideration

Senate Bill No. 583, Extending deadline for EMS director to pay transfer costs to PERS.

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

Com. Sub. for Senate Bill No. 583 (originating in the Committee on Pensions)--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.

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,

Evan H. Jenkins,

Chair.

The bill (Com. Sub. for S. B. No. 583), under the original double committee reference, was then referred to the Committee on Finance.

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

Your Committee on Transportation and Infrastructure has had under consideration

Senate Concurrent Resolution No. 17, Requesting DOH name bridge in Randolph County "Army Captain Bernard Francis Jones Memorial Bridge".

Senate Concurrent Resolution No. 19, Requesting DOH name bridge in Kanawha County "U. S. Army Sgt. Archie W. Searls Memorial Bridge".

Senate Concurrent Resolution No. 21, Requesting DOH name bridge in Logan County "Navy Lieutenant, Junior Grade, Edsel Carl Varney Memorial Bridge".

House Concurrent Resolution No. 31, The "WWII 78th Lightning Division Road".

And,

House Concurrent Resolution No. 68, The "Army Maj. Gen. Charles C. Rogers Memorial Bridge".

And reports the same back with the recommendation that they each be adopted.

Respectfully submitted,

Robert D. Beach,

Chair.

At the request of Senator Unger, unanimous consent being granted, the resolutions (S. C. R. No. 17, S. C. R. No. 19, S. C. R. No. 21, H. C. R. No. 31 and H. C. R. No. 68) contained in the preceding report from the Committee on Transportation and Infrastructure were taken up for immediate consideration and considered simultaneously.

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

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

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 Miller:

Senate Bill No. 626--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-10-24, relating to creating a misdemeanor offense of law-enforcement or emergency services personnel taking pictures of certain victims of crime or accident for personal use; and establishing penalties.

Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.

By Senators Beach, Laird, Unger and Williams:

Senate Bill No. 627--A Bill to amend and reenact §22-2-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §22-3-10 and §22-3-13 of said code, all relating generally to the Abandoned Mine Lands and Reclamation Act and Surface Coal Mining and Reclamation Act; and requiring certain reclamation for post-mining land use to utilize the Clements State Tree Nursery.

Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.

By Senators Plymale, Kessler (Mr. President), Chafin, Jenkins, Cann, D. Hall, Miller and Cookman:

Senate Bill No. 628--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62-12-5a, relating to requiring the Supreme Court of Appeals to establish a special program for the appointment of additional probation officers to address truancy.

Referred to the Committee on the Judiciary; and then to the Committee on Finance.

By Senators Facemire, Kessler (Mr. President) and Plymale:

Senate Bill No. 629--A Bill to amend and reenact §22-27-3, §22-27-4, §22-27-5, §22-27-6 and §22-27-10 of the Code of West Virginia, 1931, as amended, all relating to limiting the liability of landowners, operators and contractors participating in water pollution abatement projects or making beneficial use of mine drainage, mine pool water and other water supplies; defining terms; establishing conditions for approval of reclamation and water pollution abatement projects; specifying limitations on liability; restricting the assumption of liability for making beneficial use of mine water; specifying exclusions of project sponsors and operators from certain determinations under environmental laws; and clarifying exceptions.

Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.

By Senator Unger:

Senate Bill No. 630--A Bill to amend and reenact §5A-6-4a of the Code of West Virginia, 1931, as amended, relating to duties of the Chief Technology Officer with regard to security of government information; adding the Division of Protective Services and the West Virginia Intelligence/Fusion Center to the list of agencies to which this section does not apply; adding the Treasurer to the list of officers whose responsibilities are not infringed upon by this section; and making technical corrections.

Referred to the Committee on Government Organization.

By Senators Unger and McCabe:

Senate Bill No. 631--A Bill to amend and reenact §31-18D-6 and §31-18D-8 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §31-18D-16, all relating to providing bonding authority to the West Virginia Affordable Housing Fund.

Referred to the Committee on the Judiciary; and then to the Committee on Finance.

By Senators Green, Cann, D. Hall and Stollings:

Senate Bill No. 632--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13DD-1, §11-13DD-2 and §11-13DD-3, all relating to providing tax credits for use of emergency generators with mobile unit hookups by businesses with a minimum of fifty locations in this state.

Referred to the Committee on Economic Development; and then to the Committee on Finance.

By Senators Chafin, Kessler (Mr. President), Edgell, Green, D. Hall, M. Hall, Laird, Miller and Plymale:

Senate Bill No. 633--A Bill to amend and reenact §17-23-4 of the Code of West Virginia, 1931, as amended, relating to roads and highways; and residential community waivers for salvage yards.

Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.

By Senator Chafin:

Senate Bill No. 634--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13B-1 and §11-13B-2, all relating to imposing a tax to produce revenue of approximately $10 million to be dedicated to the West Virginia Division of Tourism for promotion and maintenance of outdoor activities.

Referred to the Committee on Economic Development; and then to the Committee on Finance.

By Senators Cole and Chafin:

Senate Bill No. 635--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §37-6-31, relating to the right of the landlord of commercial premises to terminate the lease under certain circumstances; and providing a process for the termination.

Referred to the Committee on the Judiciary.

By Senator Laird:

Senate Bill No. 636--A Bill to amend and reenact §17C-6-1 of the Code of West Virginia, 1931, as amended, relating to speed restrictions and penalties; and providing that municipalities receive no more than $25 from speeding fines and costs for speeding violations on four-lane controlled-access highways or interstate highways located within the limits of a municipality.

Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.

By Senators M. Hall, Barnes and Carmichael:

Senate Bill No. 637--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-27, relating to limiting medical monitoring in civil actions concerning hazardous or toxic substances to two years; and providing that this limitation applies to actions filed after July 1, 2013.

Referred to the Committee on the Judiciary.

By Senators Prezioso and Plymale:

Senate Bill No. 638--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13A-22, relating to exemptions from the tax on the privilege of severing natural gas and oil; terminating a severance tax exemption for natural gas or oil; providing an exception; and specifying a controlling effective date.

Referred to the Committee on Energy, Industry and Mining; and then to the Committee on Finance.

By Senator M. Hall:

Senate Bill No. 639--A Bill to amend and reenact §56-1-1 of the Code of West Virginia, 1931, as amended, relating to when a West Virginia resident may not be joined as a codefendant in any civil action in the circuit courts of the state.

Referred to the Committee on the Judiciary.

By Senators Fitzsimmons, Cookman, Walters, Yost, Unger and Plymale:

Senate Bill No. 640--A Bill to amend and reenact §61-8A-1, §61-8A-2, §61-8A-3, §61-8A-4 and §61-8A-5 of the Code of West Virginia, 1931, as amended, all relating generally to the prohibition on the preparation, distribution or exhibition of harmful matter to minors; revising the definition of “obscene matter” to contain specific matter that is harmful to minors; and revising the article to reflect the definitional change.

Referred to the Committee on the Judiciary.

By Senators Fitzsimmons, Palumbo, Tucker, Yost and Williams:

Senate Bill No. 641--A Bill to amend and reenact §51-2A-6 of the Code of West Virginia, 1931, as amended, relating to increasing the compensation caps for secretary-clerks and case coordinators in the family court system.

Referred to the Committee on the Judiciary; and then to the Committee on Finance.

By Senator Carmichael:

Senate Bill No. 642--A Bill to amend and reenact §16-13-18 of the Code of West Virginia, 1931, as amended, relating to supervision of works by a sanitary board; and providing that if a professional engineer is under contract for a project, an engineer is not required to serve on the sanitary board.

Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.

By Senators Unger, Kessler (Mr. President) and Laird:

Senate Bill No. 643--A Bill to amend and reenact §14-2A-3, §14-2A-9 and §14-2A-12 of the Code of West Virginia, 1931, as amended, all relating to compensation awards to victims of crimes; increasing the amount of victim relocation costs; permitting a victim’s reasonable travels costs to attend probation hearings of the offender; redefining a term; permitting the Court of Claims to hire more than two claim investigators; and permitting claim investigators to acquire autopsy reports, including toxicology results, from the State Medical Examiner.

Referred to the Committee on the Judiciary; and then to the Committee on Finance.

By Senators Barnes, Carmichael and Wells:

Senate Bill No. 644--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-33-1, §18-33-2, §18-33-3, §18-33-4, §18-33-5, §18-33-6, §18-33-7, §18-33-8, §18-33-9, §18-33-10, §18-33-11, §18-33-12, §18-33-13 and §18-33-14, all relating to public competitive learning academies; definitions; applicable regulatory and statutory requirements; exemptions from state laws and rules; creating public competitive learning academy or conversion of public school to public competitive learning academy; application process; approval and denial of application; competitive learning academy status term; terminating public competitive learning academy; public competitive learning academy requirements; funding; enrollment; student transportation; conditional approval; information on competitive learning academies; leaves of absence for teachers; employment of school personnel; and benefits.

Referred to the Committee on Education; and then to the Committee on Finance.

By Senators Facemire and Cann:

Senate Bill No. 645--A Bill to amend and reenact §11-1C-5b of the Code of West Virginia, 1931, as amended, relating to fair and equitable property valuation; assessment for purpose of calculating local share; and sales ratio analysis of market value of real property and specifying that the sixty percent ratio of market value is to be based upon market value determined within the three-year period preceding the analysis.

Referred to the Committee on the Judiciary; and then to the Committee on Finance.

By Senators Palumbo, Prezioso, Fitzsimmons, Cookman, McCabe and Plymale:

Senate Bill No. 646--A Bill to amend and reenact §17C-5-2 and §17C-5-2b of the Code of West Virginia, 1931, as amended; and to amend and reenact §17C-5A-1, §17C-5A-2, §17C-5A-3 and §17C-5A-3a of said code, all relating to making it a felony to drive a vehicle while under the influence of alcohol, controlled substance or other drug and cause serious bodily injury to another person; and establishing penalties for first and subsequent violations of certain provisions.

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

By Senators Wells and Jenkins:

Senate Bill No. 647--A Bill to amend and reenact §15-1J-2, §15-1J-3 and §15-1J-4 of the Code of West Virginia, 1931, as amended, all relating to the funding of the West Virginia Military Authority; and allowing use of funds from special revenue accounts.

Referred to the Committee on Government Organization; and then to the Committee on Finance.

By Senators Plymale, Chafin, Jenkins, Cann and Stollings:

Senate Bill No. 648--A Bill to amend and reenact §18C-3-2 of the Code of West Virginia, 1931, as amended, relating to providing state aid for certain students pursuing certain degrees; requiring a service commitment to state and setting forth alternatives to service; requiring legislative rule; and specifying rule provisions.

Referred to the Committee on Education; and then to the Committee on Finance.

By Senators Edgell, Facemire and Prezioso:

Senate Bill No. 649--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-9D-4a, relating generally to facilitating and enforcing compliance with the Tobacco Master Settlement Agreement; and imposing bonding requirements on certain nonparticipating manufacturers.

Referred to the Committee on Finance.

By Senators Williams, Chafin and Plymale:

Senate Bill No. 650--A Bill to amend and reenact §3-4A-2, §3-4A-8, §3-4A-23 and §3-4A-27 of the Code of West Virginia, 1931, as amended, all relating generally to voting system certification and procedures at the central counting center; updating and clarifying the definitions related to electronic voting systems; updating language related to approval of electronic voting systems; correcting internal references; and updating and clarifying language related to proceedings at the central counting center.

Referred to the Committee on the Judiciary.

By Senator Walters:

Senate Bill No. 651--A Bill to amend and reenact §12-3-12 of the Code of West Virginia, 1931, as amended, relating to the expiration of unexpended appropriations; and allowing state agencies and departments to keep fifty percent of all surplus funds.

Referred to the Committee on Government Organization; and then to the Committee on Finance.

By Senators Snyder, Jenkins, Boley and Tucker:

Senate Bill No. 652--A Bill to amend and reenact §29-3-5b of the Code of West Virginia, 1931, as amended, relating to criminal background checks for applicants for home inspectors.

Referred to the Committee on Government Organization.

By Senators Kessler (Mr. President), Unger, Plymale, Snyder, Prezioso, Edgell, Palumbo, Facemire, Cann, Jenkins, Williams and Stollings:

Senate Bill No. 653--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-2B-1, relating to authorizing the establishment of job creation work groups to obtain information to assist the Legislature's efforts to take effective action to increase and attract jobs in West Virginia.

Referred to the Committee on Economic Development.

By Senators Miller, D. Hall, Cann, Green, Laird and Jenkins:

Senate Bill No. 654--A Bill to amend and reenact §25-1-11d of the Code of West Virginia, 1931, as amended, relating to providing a $2,008 salary increase for employees of the Division of Corrections.

Referred to the Committee on Government Organization; and then to the Committee on Finance.

By Senator Beach:

Senate Bill No. 655--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-17B-1, §17-17B-2, §17-17B-3, §17-17B-4, §17-17B-5, §17-17B-6, §17-17B-7, §17-17B-8 and §17-17B-9, all relating to DOT-Parkways Authority Collection Enforcement; creating the Safe and Efficient Parkways Act (SEPA); authorizing the electronic enforcement of collection of tolls; establishing penalties for nonpayment and damage to facilities; keeping certain information collected confidential and not subject to the Freedom of Information Act; allowing limited restricted and confidential access to certain information pursuant to subpoenas and court orders on a strictly confidential basis; granting rule-making authority; and defining terms.

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

By Senators Snyder, Fitzsimmons, Yost, Prezioso and Stollings:

Senate Bill No. 656--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-22A-20, relating to establishing a gaming industry special study committee to assess problems facing the gaming industry in West Virginia.

Referred to the Committee on the Judiciary.

By Senators Laird, Wells, Beach, Miller, Jenkins and D. Hall:

Senate Bill No. 657--A Bill to amend and reenact §18A-4-2b of the Code of West Virginia, 1931, as amended, relating to including school social workers in minimum salary supplement; and educational expense reimbursement for professional personnel with recognized national certification.

Referred to the Committee on Education; and then to the Committee on Finance.

By Senators Stollings and Plymale:

Senate Bill No. 658--A Bill to extend the time for the city council of the city of Madison, Boone 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 police department, the city street department, recreation and for general government and for the purpose of paying all costs incurred in the laying of this additional levy from between March 7 and March 28 and the third Tuesday in April until May 31, 2013.

Referred to the Committee on Government Organization.

By Senators Beach, Sypolt, Boley, D. Hall, Green, Williams and Kessler (Mr. President):

Senate Bill No. 659--A Bill to amend and reenact §7-1-3v of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §7-1-3pp, all relating to floodplain and mudslide area management; and requiring the State Coordinator of the National Flood Insurance Program to review proposed building codes, or amendments to an existing building code, and establish a system of permit fees for applications for projects within any specified area or areas of a county or municipality which has enacted a building code.

Referred to the Committee on Government Organization.

By Senators Unger, Kessler (Mr. President) and Fitzsimmons:

Senate Bill No. 660--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-2-11a, relating to preventing taxpayer subsidization of health insurance covering elective abortions; prohibiting all qualified health plans offered through a state exchange from including abortion coverage except to prevent the death of the mother; and preventing all other health plans, including health insurance contracts, plans or policies, offered outside of the exchange, but within the state, from providing coverage for elective abortions except by optional separate supplemental coverage for abortion.

Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.

By Senators Walters and Stollings:

Senate Bill No. 661--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-3-6, relating to creating a pilot program that provides incentives to recipients of Temporary Assistance for Needy Families cash benefits whose children achieve certain standards of academic performance.

Referred to the Committee on the Judiciary; and then to the Committee on Finance.

Senators Beach and Williams offered the following resolution:

Senate Concurrent Resolution No. 32--Requesting the Division of Highways name bridge number 31-857-10.20 over Cheat Lake, Monongalia County, West Virginia, the “U. S. Army and Air National Guard Col. Garry L. Bowers - Ices Ferry Bridge”.

Whereas, Garry L. Bowers was a life-long resident of Morgantown where he attended West Virginia University starting his first public service job at the WCLG AM/FM Radio Station in Morgantown, West Virginia, as an announcer; and

Whereas, In 1983, he became the owner of WCLG after many years of service; and

Whereas, During his tenure at WCLG Garry L. Bowers began his second public service job by joining the Army National Guard in 1966; and

Whereas, After four years of service, he transferred to the Air National Guard in 1970; and

Whereas, During his service in the Air National Guard, Garry L. Bowers served active duty at Air Force Systems Command and then SAF/PA at the Pentagon, with a final assignment as the Reserve Deputy Director of Public Affairs; and

Whereas, Upon retirement in 1998, he achieved full Colonel for his dutiful service; and

Whereas, While serving his country, Colonel Garry L. Bowers also served his community by chartering the Rotary Club of Cheat Lake, West Virginia, in 1979; and

Whereas, Garry L. Bowers became the first inaugural President of the Rotary Club of Cheat Lake, West Virginia, which committed itself, past and present, to various community initiatives, such as support of many annual scholarships, Cheat Lake Baseball Fields and Cheat Lake Volunteer Fire Department; and

Whereas, Upon that fateful day in 2011, Colonel Garry L. Bowers passed away upon giving complete devotion of service to country and community; and

Whereas, It is only fitting and proper that this bridge be named in his honor and that it henceforth stand as a permanent memorial so that Colonel Garry L. Bowers’ supreme public service for our nation and his community will never be forgotten; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 31-857-10.20 over Cheat Lake, Monongalia County, West Virginia, the “U. S. Army and Air National Guard Col. Garry L. Bowers - Ices Ferry Bridge”; and, be it

Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the Bridge as the “U. S. Army and Air National Guard Col. Garry L. Bowers - Ices Ferry Bridge”; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the family of Colonel Garry L. Bowers and to the Secretary of the Department of Transportation.

Which, under the rules, lies over one day.

Senators D. Hall, Green, Kessler (Mr. President), Unger, Laird, Williams, Miller, Plymale and Stollings offered the following resolution:

Senate Resolution No. 45--Designating Monday, March 25, 2013, as “Wyoming County Day at the Capitol”.

Whereas, Cradled in the southern tip of West Virginia, Wyoming County was created in 1850 from Logan County and named for the Delaware Indian word meaning “large plains”; and

Whereas, Wyoming County is rich in history, where remains of old coal mines, miners' camps and coal tipples now draw tourists from many miles away; and

Whereas, Wyoming County has four entries on the National Register of Historic Places (NRHP), including the Itmann Company Store and Office, built in 1923-1925, the county courthouse, built in 1916, the adjoining jail, constructed in 1929, and the Wyco Community Church, built in 1917; and

Whereas, Pineville, the county seat, is home to Castle Rock, a 165-foot sandstone cliff that towers over the mouth of Rockcastle Creek; and

Whereas, Wyoming County is home to many recreational attractions, such as the Hatfield-McCoy Trails, Castle Rock Trailhead, R. D. Bailey Lake and Twin Falls State Park; and

Whereas, Wyoming County is the home of notable West Virginians such as Mike D'Antoni, who is the current head coach of the Los Angeles Lakers, and Christy Martin, a female professional boxer known nationwide as the “Coal Miner’s Daughter”; and

Whereas, The Senate is proud to celebrate the history and culture of Wyoming County on this day at the Capitol; therefore, be it

Resolved by the Senate:

That the Senate hereby designates Monday, March 25, 2013, as “Wyoming County Day at the Capitol”; and, be it

Further Resolved, That the Senate recognizes the many contributions of the people of Wyoming County to the State of West Virginia; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of Wyoming County.

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

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.

The Senate proceeded to the seventh order of business.

Senate Concurrent Resolution No. 28, Requesting DNR study making Upper Mud River Wildlife Management and Recreation Area a state park.

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. 29, Requesting DOH name bridge number 20-64-54.37 "Cpl. Kenneth R. Hess 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. 30, Requesting DOH name bridge in Wyoming County "Army SP4 Jackie McMillion 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. 31, Requesting DOH place signs at Tyler County line reading "Home of the 2011 FFA National Champions".

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 Com. Sub. for Senate Bill No. 11, Relating to WV schedules of controlled substances.

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

On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 11) 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. 190, Relating to public-private transportation projects funding.

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

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 190) passed.

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

Eng. Senate Bill No. 190--A Bill to amend and reenact §17-27-5 and §17-27-9 of the Code of West Virginia, 1931, as amended, all relating to the funding of transportation public-private partnership projects and their corresponding comprehensive agreements; eliminating requirement that money from the State Road Fund only be used for public-private partnership projects where the money serves as a required match for federal funds specifically earmarked in a federal authorization or appropriation bill and does not exceed four percent of the immediate preceding three fiscal years’ average of the Division of Highways’ construction contracts awarded under the competitive bid process; allowing public-private partnership projects to use money from the State Road Fund when the projects are in excess of $20 million, constructed by the Division of Highways and contained in its six-year plan; providing that any earnings in excess of maximum rate of return that is negotiated in comprehensive agreements be deposited in the State Road Fund; providing a sunset provision prohibiting comprehensive agreements for public-private partnership projects after June 30, 2017; eliminating the requirement that a comprehensive agreement for public-private partnership projects be approved by concurrent resolution of the Legislature and be submitted to the Governor for his or her approval or disapproval before the Division of Highways enters into the comprehensive agreement; and mandating that the Division of Highways provide a copy of any comprehensive agreement to the Legislature’s Joint Committee on Government and Finance at least thirty days prior to said agreement being executed by the Division of Highways for a public-private partnership project.

Senator Unger moved that the bill take effect July 1, 2013.

On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.

The nays were: None.

Absent: None.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 190) takes effect July 1, 2013.

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

Eng. Com. Sub. for Senate Bill No. 461, Relating to procedures and protections for child witnesses in domestic relations proceedings.

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

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 461) passed with its title.

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

Eng. Senate Bill No. 489, Permitting community enhancement districts to decrease annual property assessments.

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

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 489) passed with its title.

Senator Unger moved that the bill take effect from passage.

The nays were: None.

Absent: None.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 489) 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. 523, Making supplementary appropriation of unappropriated moneys to various accounts.

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

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

The nays were: Plymale--1.

Absent: None.

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. 523) passed with its title.

Senator Unger moved that the bill take effect from passage.

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

The nays were: Plymale--1.

Absent: None.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 523) 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. 524, Supplementing, amending, decreasing and increasing appropriations from State Road Fund to DOT.

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

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 524) passed with its title.

Senator Unger moved that the bill take effect from passage.

The nays were: None.

Absent: None.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 524) 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. 525, Making supplementary appropriation of federal funds to various accounts.

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

On the passage of the bill, the yeas were: Beach, Blair, 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: Barnes--1.

Absent: None.

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. 525) passed with its title.

Senator Unger moved that the bill take effect from passage.

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

The nays were: Barnes--1.

Absent: None.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 525) 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. 526, Making supplementary appropriation of federal funds to DHHR, Division of Human Services-Temporary Assistance for Needy Families.

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

The nays were: None.

Absent: None.

So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 526) passed with its title.

Senator Unger moved that the bill take effect from passage.

The nays were: None.

Absent: None.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 526) 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. 534, Correcting internal code reference regarding insurance information disclosure.

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

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 534) passed with its title.

Senator Unger moved that the bill take effect from passage.

The nays were: None.

Absent: None.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 534) 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. 544, Scheduling departmental performance reviews.

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

The nays were: None.

Absent: None.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 544) 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. 158, Creating Complete Streets Act.