Senate Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2013

FORTY-SECOND DAY

____________

Charleston, W. Va., Tuesday, March 26, 2013

    The Senate met at 11 a.m.

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

    Prayer was offered by Chaplain Pablo Gonzales, Retired Chaplain of the United States Army and Veterans Administration Medical Center, Huntington, West Virginia, and Pastor, Vinson Memorial Disciples of Christ Church, Huntington, West Virginia.

    Pending the reading of the Journal of Monday, March 25, 2013,

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

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

    The Senate then proceeded to the third order of business.

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

    Eng. House Bill No. 2463--A Bill to repeal §27-16-1, §27-16-2, §27-16-3, §27-16-4 and §27-16-5 of the Code of West Virginia, 1931, as amended, relating to sterilization of mental defectives.

    Referred to the Committee on Health and Human Resources; and then 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. 11--Requesting the State of West Virginia to annually recognize August 16 as “Airborne Day” in West Virginia.

    Referred to the Committee on Government Organization.

    A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the adoption as amended, of

    House Concurrent Resolution No. 42, The "Mike Whitt Visionary Leadership Highway”.

    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. 53--Requesting the Division of Highways to name the bridge crossing Pine Creek at Omar, Logan County, bridge number 23-119/5-0.23, the “Oral Gene Castle 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. 66--Requesting the Division of Highways name bridge number 23-119-18.13 in Chapmanville, Logan County, West Virginia, on Corridor G, close to Trace Fork Road, the “PFC Casey West Memorial Bridge, United States Army”.

    Referred to the Committee on Transportation and Infrastructure.

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

    House Concurrent Resolution No. 76--Requesting the Division of Highways to name bridge number 31-119/39-0.12 crossing over Deckers Creek in Morgantown, Monongalia County, the "John W. Pyles 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. 80--Urging the United States Congress to move West Virginia from the United States Environmental Protection Agency’s (EPA) Region 3 office in Philadelphia to the EPA’s Region 4 office in Atlanta.

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

    The Senate proceeded to the fourth order of business.

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

    Your Committee on Finance has had under consideration

    Senate Bill No. 52, Relating to Rural Health Initiative Act.

    Com. Sub. for Senate Bill No. 146, Collecting unpaid magistrate court charges through income tax refund withholding.

    Senate Bill No. 463, Increasing special license fee paid by pipeline companies to PSC.

    And,

    Com. Sub. for Senate Bill No. 482, Relating to sale of voter registration lists.

    And reports the same back with the recommendation that they each do pass.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    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. 157, Exempting certain nonresidents from Class D license requirement.

    And,

    Senate Bill No. 506, Relating to residency requirement of state-chartered banking institution directors.

    And reports the same back with the recommendation that they each 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. 331, Permitting Courthouse Facilities Improvement Authority to issue bonds.

    With an amendment from the Committee on Government Organization pending;

    And reports the same back with the recommendation that it do pass as amended by the Committee on Government Organization to which the bill was first referred.

                             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. 354, Requiring study on alternative revenue sources for funding state roads.

    And reports the same back with the recommendation that it do pass; but with the further recommendation that it first be referred to the Committee on Finance.

                             Respectfully submitted,

                               Robert D. Beach,

                                 Chair.

    On motion of Senator Beach, the bill (S. B. No. 354) contained in the foregoing report from the Committee on Transportation and Infrastructure 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. 394, Relating to scholarships for dependent children of state troopers who die in performance of duty.

    With an amendment from the Committee on the Judiciary pending;

    And reports the same back with the recommendation that it do pass as amended by the Committee on the Judiciary to which the bill was first referred.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

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

    Your Committee on Banking and Insurance has had under consideration

    Senate Bill No. 410, Relating to property insurance coverage denied or canceled due to natural causes.

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

    Com. Sub. for Senate Bill No. 410 (originating in the Committee on Banking and Insurance)--A Bill to amend and reenact §33-17A-4 of the Code of West Virginia, 1931, as amended, relating to property insurance declination, termination and disclosure; providing that property insurance may not be denied renewal or canceled as a result of any claim arising from natural disaster; and providing that an insurer may not cancel or fail to renew a property insurance coverage policy solely because the insured inquires about coverage for a potentially covered loss.

    With the recommendation that the committee substitute do pass; but with the further recommendation that it first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Gregory A. Tucker,

                                 Chair.

    On motion of Senator Tucker, the bill (Com. Sub. for S. B. No. 410) contained in the foregoing report from the Committee on Banking and Insurance 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. 428 (originating in the Committee on Health and Human Resources), Relating to costs for HIV or STD testing by Bureau for Public Health.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 428 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §16-3C-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §16-4-19 of said code, all relating generally to testing for HIV and sexually transmitted diseases; removing limitations on billing patients for HIV and sexually transmitted disease testing or sexually transmitted disease treatment done by state or local public health agencies; and clarifying the procedures relating to performing HIV or sexually transmitted disease tests on persons charged with sexual offenses.

    And,

    Com. Sub. for Senate Bill No. 488 (originating in the Committee on Energy, Industry and Mining), Relating to damage to health or safety systems of certain facilities.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 488 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §61-3-29 of the Code of West Virginia, 1931, as amended, relating to prohibiting damage to property of railroads, public utilities and certain production storage and distribution facilities; adding waste management facilities, storage facilities and timber operations to the protected properties; prohibiting destruction, damage or removal of property resulting in impairment to the normal, safe operation of those facilities; and providing criminal penalties.

    With the recommendation that the two committee substitutes for committee substitutes do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    Senator Miller, from the Committee on Agriculture and Rural Development, submitted the following report, which was received:

    Your Committee on Agriculture and Rural Development has had under consideration

    Senate Bill No. 437, Regulating commercial dog-breeding operations.

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

    Com. Sub. for Senate Bill No. 437 (originating in the Committee on Agriculture and Rural Development)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-20-26, relating to protecting dogs by creating regulations for commercial dog-breeding operations; providing definitions; providing exceptions; allowing commercial breeders to sell dogs only as household pets; requiring a business license if required by the locality; authorizing county commissions to charge a fee to a commercial dog breeder to obtain an annual permit to operate; limiting the amount of the fee; setting forth responsibilities of the commercial dog breeder; setting forth the requirements for maintaining adequate enclosures; providing for inspections; prohibiting a commercial dog breeder to operate if convicted of animal cruelty; providing no exemption for United States Department of Agriculture licensees; and providing criminal penalties.

And,

    Senate Bill No. 490, Creating Equine Facilities and Care Act.

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

    Com. Sub. for Senate Bill No. 490 (originating in the Committee on Agriculture and Rural Development)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-34-1, §19-34-2, §19-34-3, §19-34-4, §19-34-5 and §19-34-6, all relating to the regulation of equine boarding facilities; permitting rulemaking; and establishing criminal penalties.

    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,

                               Ronald F. Miller,

                                 Chair.

    The bills (Com. Sub. for S. B. Nos. 437 and 490), under the original double committee references, were then referred to the Committee on the Judiciary.

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

    Your Committee on Finance has had under consideration

    Com. Sub. for Senate Bill No. 448 (originating in the Committee on Transportation and Infrastructure), Increasing number of demonstration dealer plates issued to large commercial vehicle dealers.

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

    Com. Sub. for Com. Sub. for Senate Bill No. 448 (originating in the Committee on Finance)--A Bill to amend and reenact §17A-6-10c of the Code of West Virginia, 1931, as amended, relating to authorizing the commissioner to issue no more than ten additional special demonstration plates, upon a showing of need, to new and used motor vehicle dealers engaged in the business of selling trailers, truck-tractors, road-tractors or trucks and that demonstrate the motor vehicles under actual work conditions to potential purchasers; and setting fee amount for additional plates.

    With the recommendation that the committee substitute for committee substitute do pass.

                             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. 454, Relating to taxation of alternative motor fuels.

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

    Com. Sub. for Senate Bill No. 454 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §11-14C-2, §11-14C-5, §11-14C-9, §11-14C-10, §11-14C-13 and §11-14C-19 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11-14C-6a; to amend and reenact §11-15-18b of said code; and to amend and reenact §11-15A-13a of said code, all relating to the taxation of alternative fuel; defining terms; requiring the Tax Commissioner to determine the gasoline gallon equivalent for alternative fuels; imposing tax on motor fuel equivalent gallons; specifying the point of imposition of tax on alternative fuels not otherwise taxed at the point of imposition; providing that propane used in a motor vehicle is subject to the tax; requiring alternative-fuel bulk end users, providers of alternative fuels and retailers of alternative fuels to be licensed; establishing bonding requirements for alternative-fuel bulk end users, providers of alternative fuels and retailers of alternative fuels; establishing due dates for returns and payments of tax on alternative fuels; and specifying effective dates for amendments.

    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. 454), under the original double committee reference, was then referred to the Committee on Finance.

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

    Your Committee on Banking and Insurance has had under consideration

    Senate Bill No. 474, Clarifying when deposits are presumed abandoned for unclaimed property purposes.

    And,

    Senate Bill No. 509, Imposing statutory liens on certain fire insurance proceeds.

    And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on Government Organization.

                             Respectfully submitted,

                               Gregory A. Tucker,

                                 Chair.

    The bills, under the original double committee references, were then referred to the Committee on Government Organization.

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

    Your Committee on Banking and Insurance has had under consideration

    Senate Bill No. 483, Increasing fire and casualty insurance policies surcharge to benefit fire departments.

    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,

                               Gregory A. Tucker,

                                 Chair.

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

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

    Your Committee on Banking and Insurance has had under consideration

    Senate Bill No. 518, Authorizing Insurance Commissioner propose emergency and legislative rules for certain reviews.

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

    Com. Sub. for Senate Bill No. 518 (originating in the Committee on Banking and Insurance)--A Bill to repeal §33-25C-5, §33-25C-6, §33-25C-7, §33-25C-9 and §33-25C-11 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §33-16H-1, §33-16H-2, §33-16H-3 and §33-16H-4, all relating to adverse benefit determinations by insurance companies and managed care organizations; mandating utilization review and internal grievance procedures; providing for external review of adverse determinations; defining terms; providing for judicial review of certain decisions; providing that a decision rendered by an independent review organization that is adverse to the issuer is binding on the issuer and not subject to further review; preserving other causes of action; deleting similar provisions applicable to only health maintenance organizations; and directing promulgation of emergency rules and proposal of legislative rules.

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

                             Respectfully submitted,

                               Gregory A. Tucker,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 518), under the original double committee reference, was then referred to the Committee on the Judiciary.

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

    Your Committee on the Judiciary has had under consideration

    Senate Bill No. 542, Relating to restricted races at pari-mutuel thoroughbred horse race tracks.

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

    Com. Sub. for Senate Bill No. 542 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §19-23-13b of the Code of West Virginia, 1931, as amended, relating to restricted races at pari-mutuel thoroughbred horse race tracks; permitting up to two restricted races at certain tracks if there are at least seven single betting interests; permitting a third restricted race at certain tracks if there are at least nine single betting interests; and eliminating a provision concerning if less than seventy-five percent of the restricted races fail to receive enough entries to race.

    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.

    At the request of Senator Prezioso, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on the Judiciary.

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

    Your Committee on the Judiciary has had under consideration

    Senate Bill No. 563, Excluding platinum, gold, silver and palladium from definition of "scrap metal".

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

    Com. Sub. for Senate Bill No. 563 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §61-3-49 of the Code of West Virginia, 1931, as amended, relating to the purchase of scrap metal by scrap metal dealers; and excluding jewelry platinum, gold, silver and palladium from the definition of “scrap metal”.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

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

    Your Committee on Banking and Insurance has had under consideration

    Senate Bill No. 592, Removing requirement Physicians' Mutual Insurance Company be nonprofit corporation.

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

                             Respectfully submitted,

                               Gregory A. Tucker,

                                 Chair.

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

    Senator Miller, from the Committee on Agriculture and Rural Development, submitted the following report, which was received:

    Your Committee on Agriculture and Rural Development has had under consideration

    Senate Bill No. 662 (originating in the Committee on Agriculture and Rural Development)--A Bill to amend and reenact §19-12A-6a of the Code of West Virginia, 1931, as amended, relating to establishing a $4 million cap for collections into the land division special revenue account of the Department of Agriculture.

    And reports the same back with the recommendation that it do pass; but with the further recommendation that it first be referred to the Committee on Finance.

                             Respectfully submitted,

                               Ronald F. Miller,

                                 Chair.

    On motion of Senator Miller, the bill (S. B. No. 662) contained in the foregoing report from the Committee on Agriculture and Rural Development was then referred to the Committee on Finance.

    The Senate proceeded to the sixth order of business.

    Senators Unger and Stollings offered the following resolution:

    Senate Concurrent Resolution No. 33--Requesting the Joint Committee on Government and Finance study the safety, roles and responsibilities of the West Virginia Deputy Sheriff Reserves.

    Whereas, West Virginia Deputy Sheriff Reserves members do not serve as law-enforcement officers, nor do they carry firearms; and

    Whereas, West Virginia Deputy Sheriff Reserves members’ duties are limited; and

    Whereas, Many counties use West Virginia Deputy Sheriff Reserves as a force multiplier and National Guard-style contingency force for special details and disasters; and

    Whereas, Properly trained West Virginia Deputy Sheriff Reserves members could serve as limited law-enforcement officers similar to special deputies or process servers; and

    Whereas, The current Code limits West Virginia Deputy Sheriff Reserves members’ duties and powers and removing some of those limitations would enhance their value and effectiveness; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study the safety, roles and responsibilities of the West Virginia Deputy Sheriff Reserves; and, be it

    Further Resolved, That the Joint Committee on Government and Finance seek input from the Governor's Committee on Crime, Delinquency and Correction, the West Virginia Sheriffs’ Association, the West Virginia Deputy Sheriffs’ Association, the West Virginia Chiefs of Police and the West Virginia Chapter of the Fraternal Order of Police; 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 legislation be paid from legislative appropriations to the Joint Committee on Government and

Finance.

    Which, under the rules, lies over one day.

    Senators Chafin, Stollings, Plymale, Jenkins and Cole offered the following resolution:

    Senate Concurrent Resolution No. 34--Requesting the Division of Highways to name bridge number 50-36-0.30 on Sunnyside Road, just outside of Fort Gay, crossing over Mill Creek, in Wayne County, West Virginia, the “Mavis Granny Castle Bridge”.

    Whereas, Mavis Castle, eighty-nine years old, was born, raised and has lived all her life on Sunnyside Road in Wayne County, West Virginia; and

    Whereas, Mavis Castle, until she was sixty years of age, worked for vocational rehabilitation; and

    Whereas, During the same year of her retirement from vocational rehabilitation, Mavis Castle began volunteering as a foster grandparent in the Wayne County school system, where she continues, to date, and has served in this capacity for a spectacular twenty-eight years; and

    Whereas, In light of her nearly three-decade span of valuable volunteer service, most of this at Fort Gay Elementary School, it is only fitting that a bridge near the town of her devoted service be named after her, in her honor, and as a token of appreciation; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name bridge number 50-36-0.30 on Sunnyside Road, just outside of Fort Gay, crossing over Mill Creek, Wayne County, West Virginia, the “Mavis Granny Castle Bridge”; and, be it

    Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge, in bold and prominent letters, as the “Mavis Granny Castle Bridge”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to Mavis Castle, to her son, Larry Castle, and to the Secretary of the Department of Transportation.

    Which, under the rules, lies over one day.

    Senators Cann, Kessler (Mr. President), Unger, Stollings, Plymale, Facemire and Williams offered the following resolution:

    Senate Resolution No. 46--Congratulating the Bridgeport High School Lady Indians basketball team for winning the 2013 West Virginia Class AA State Championship.

    Whereas, The Lady Indians completed a dominant season, finishing with an overall record of 25-2, including going undefeated in conference play with a record of 18-0 and undefeated against all Class AA competition with a record of 20-0; and

    Whereas, En route to winning the Class AA State Championship, the Lady Indians won the 2013 Region 2 Championship and the 2013 Region 2 Section 2 Championship; and

    Whereas, The Lady Indians are led by their coach, Dave Marshall, and consist of team members Miki Glenn, Jacqueline Wolfe, Shae Tomasik, Hannah Fetty, Bailey Campbell, Tori Coulter, Magen Ware, Hope Chalfant, Lauren Wickenhofer, Sarah Randolph and Raina Young; and

    Whereas, The Lady Indians not only excelled on the basketball court, but in the classroom as well, combining for an overall team grade point average of 3.74; and

    Whereas, The Lady Indians displayed their strong will and determination for an entire season and are a shining example of what can be accomplished with teamwork, dedication and commitment; and

    Whereas, The Lady Indians will be remembered as one of the best teams ever assembled in West Virginia high school girls basketball history; therefore, be it

    Resolved by the Senate:

    That the Senate hereby congratulates the Bridgeport High School Lady Indians basketball team for winning the 2013 West Virginia Class AA State Championship; and, be it

    Further Resolved, That the Senate commends the coach and each individual team member for their outstanding accomplishments; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Bridgeport High School Lady Indians basketball team.

    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 resumed business under the sixth order.

    Senators Kessler (Mr. President), Unger, Stollings, Plymale, Jenkins, Fitzsimmons and Williams offered the following resolution:

    Senate Resolution No. 47--Recognizing the Society of Human Resource Management for its hard work and dedication.

    Whereas, The Society of Human Resource Management is a professional organization; and

    Whereas, The Society of Human Resource Management submits certification qualification standards set down by the Human Resource Certification Institute; and

    Whereas, The Society of Human Resource Management certifies members voluntarily through the rigorous testing of the Human Resource Certification Institute; and

    Whereas, The Society of Human Resource Management has hundreds of professional members throughout West Virginia and a quarter million members in the United States; and

    Whereas, West Virginia has seven state chapters and four student chapters and represents hundreds of organizations and employers in West Virginia; and

    Whereas, The Society of Human Resource Management believes in respect for the thousands of workers in West Virginia that its professionals manage; and

    Whereas, The Society of Human Resource Management practitioners dedicate themselves to legal compliance, bridging the gap between employees, employers and legal authorities; and

    Whereas, The Society of Human Resource Management rigorously enforces in its members an established code of ethics; therefore, be it

    Resolved by the Senate:

    That the Senate hereby recognizes the Society of Human Resource Management for its hard work and dedication; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Society of Human Resource Management.

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

    Senator Miller, from the Committee on Agriculture and Rural Development, submitted the following report, which was received:

    Your Committee on Agriculture and Rural Development has had under consideration

    Senate Concurrent Resolution No. 35 (originating in the Committee on Agriculture and Rural Development)--Requesting the Joint Committee on Government and Finance study West Virginia’s aging watershed dams and channels to determine how to address the operation, maintenance, repair and ownership of the watershed dams to ensure they continue to provide flood control, water supply and recreational benefits to the citizens of the state.

    Whereas, The mission of the West Virginia Conservation Agency is to preserve West Virginia’s natural resources by working with partners to promote soil and water conservation; and

    Whereas, The West Virginia Conservation Agency, working with the state’s conservation districts and local governments, is responsible for the inspection, operation, maintenance and repair of 170 watershed dams and twenty-two channels throughout West Virginia, and is also responsible for the rehabilitation of the state’s aging watershed dam infrastructure; and

    Whereas, Of the 170 flood control dams, 169 have been classified as high hazard by the West Virginia Department of Environmental Protection’s Dam Safety Office; and

    Whereas, A high-hazard classification means a failure would cause probable loss of life or catastrophic economic damage; and

    Whereas, Forty-two of the 170 dams have been in operation for more than fifty years, and by 2017 another forty-one will exceed fifty years of age; and

    Whereas, Based on an analysis by the federal Natural Resources Conservation Service, 104 of the 170 dams do not meet current engineering design standards; and

    Whereas, The current method of financing the operation, maintenance and repair of the watershed dams and channels is inadequate to meet ongoing maintenance and repair needs; and

    Whereas, Common repair problems include seeps, deteriorated metal, broken drain gates, damaged concrete risers, erosion, plugged drains, inadequate spillways and encroachment; and

    Whereas, Due to federal budget constraints the Natural Resources Conservation Service is unable to assist in the rehabilitation of West Virginia’s watershed infrastructure; and

    Whereas, A number of the watershed dams are predominately on private land owned by farmers and state citizens and represent a danger of causing significant damage to agricultural land and, possibly, human life; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study West Virginia’s aging watershed dams and channels to determine how to address the operation, maintenance, repair and ownership of the watershed dams to ensure they continue to provide flood control, water supply and recreational benefits to the citizens of the state; 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 draft necessary legislation be paid from legislative appropriation to the Joint Committee on Government and Finance.

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

                             Respectfully submitted,

                               Ronald F. Miller,

                                 Chair.

    On motion of Senator Miller, the resolution (S. C. R. No. 35) contained in the foregoing report from the Committee on Agriculture and Rural Development was then referred to the Committee on Rules.

    The Senate proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 32, Requesting DOH name bridge in Monongalia County "U. S. Army and Air National Guard Col. Garry L. Bowers-Ices Ferry Bridge".

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

    The Senate proceeded to the eighth order of business.

    Eng. Com. Sub. for Com. Sub. for Senate Bill No. 158, Creating Complete Streets Act.

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

    On the passage of the bill, the yeas were: Barnes, Beach, 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 Com. Sub. for S. B. No. 158) passed with its title.

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

    Eng. Com. Sub. for Com. Sub. for Senate Bill No. 187, Creating Jobs Impact Statement Act.

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

    On the passage of the bill, the yeas were: Barnes, Beach, 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 Com. Sub. for S. B. No. 187) passed with its title.

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

    Eng. Com. Sub. for Com. Sub. for Senate Bill No. 336, Relating to interscholastic athletics concussions and head injuries.

    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 Com. Sub. for S. B. No. 336) 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. 414, Clarifying hunting and fishing license-issuing authorities.

    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. 414) 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. 440, Relating to disclosure of specified tax information for enforcement of Tobacco Master Settlement Agreement.

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

    On the passage of the bill, the yeas were: Barnes, Beach, 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. 440) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    On this question, 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, 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. 440) 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. 445, Allowing Tax Commissioner divert lottery prizes to offset tax liabilities of lottery winners.

    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. 445) passed with its title.

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

    On this question, 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, 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. 445) 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. Senate Bill No. 496, Finding and declaring certain claims against state.

    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. 496) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    On this question, 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, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 496) 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. 535, Relating to process for maintaining voter registration lists.

    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. 535) 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. 538, Eliminating requirement law enforcement maintain files of domestic violence orders.

    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. 538) 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. 565, Creating reverse auction pilot program for purchasing office supplies.

    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, 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)--32.

    The nays were: Cole--1.

    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. 565) passed with its title.

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

    On this question, the yeas were: Barnes, Beach, Boley, Cann, Carmichael, Chafin, 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)--32.

    The nays were: Cole--1.

    Absent: Blair--1.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 565) 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. 584, Creating Pretrial Release Program.

    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. 584) 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.

    Senate Bill No. 10, Permitting independent initiation of disciplinary proceedings by certain licensing boards.

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

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

    On page twenty-seven, section fourteen, line four hundred fifty-three, by striking out the word “before” and inserting in lieu thereof the words “approved by”;

    And,

    On page twenty-seven, section fourteen, line four hundred fifty-five, by striking out the word “five” and inserting in lieu thereof the word “ten”.

    The bill (S. B. No. 10), as amended, was then ordered to engrossment and third reading.

    Com. Sub. for Senate Bill No. 80, Including substitute teaching in job duties of certain professional educators employed by county boards.

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

    Com. Sub. for Senate Bill No. 243, Authorizing DEP promulgate legislative rules.

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

    Com. Sub. for Senate Bill No. 265, Authorizing DHHR promulgate legislative rules.

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

    Com. Sub. for Senate Bill No. 384, Increasing certified legal education credits required for court-appointed attorneys in juvenile cases.

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

    Com. Sub. for Senate Bill No. 406, Relating to Deputy Sheriff Retirement System Act.

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

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

    Com. Sub. for Senate Bill No. 418, Relating to Emergency Medical Services Retirement System Act.

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

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

    Com. Sub. for Senate Bill No. 419, Relating to Teachers Retirement System.

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

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

    Senate Bill No. 429, Redefining "facility" under Medication Administration by Unlicensed Personnel Act.

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

    Com. Sub. for Senate Bill No. 430, Defining "employment term" in Teachers' Defined Contribution Retirement System.

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

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

    Com. Sub. for Senate Bill No. 431, Relating to public employer liability for delinquent retirement contributions.

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

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

    Com. Sub. for Senate Bill No. 469, Clarifying service credit for certain PERS members.

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

    Com. Sub. for Senate Bill No. 508, Creating per-credit-hour tuition demonstration pilot project.

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

    On motion of Senator Plymale, the bill was referred to the Committee on Finance.

    Com. Sub. for Senate Bill No. 570, Cleaning up outdated language in code relating to elections.

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

    Eng. House Bill No. 2784, Relating to the Deputy Sheriff Retirement System Act.

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

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

    The Senate proceeded to the tenth order of business.

    Senate Bill No. 491, Relating to rental car license cost recovery fee.

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

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

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

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

    The Senate then proceeded to the thirteenth order of business.

    At the request of Senator Beach, the name of Senator Beach was removed as a sponsor of Senate Bill No. 622 (Providing WVU and MU boards of governors additional authority and flexibility).

    On motion of Senator Unger, 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, Wednesday, March 27, 2013, at 11 a.m.

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