Senate Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2012

FIFTY-SEVENTH DAY

____________

Charleston, W. Va., Wednesday, March 7, 2012

    The Senate met at 11 a.m.

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

    Prayer was offered by Associate Pastor Ray Witmer, Twin City Bible Church, Nitro, West Virginia.

    Mountaineer Challenge Academy Cadets from Kingwood, West Virginia, then proceeded in the posting of the Colors and reciting the Pledge of Allegiance.

    Pending the reading of the Journal of Tuesday, March 6, 2012,

    On motion of Senator Beach, 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 amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to

    Eng. Senate Bill No. 191, Relating to personal safety orders.

    On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.

    The following House of Delegates amendments to the bill were reported by the Clerk:

    By striking out everything after the enacting clause and inserting in lieu thereof the following:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §53-8-1, §53-8-2, §53-8-3, §53-8-4, §53-8-5, §53-8-6, §53-8-7, §53-8-8, §53-8-9, §53-8-10, §53-8-11, §53-8-12, §53-8-13, §53-8-14, §53-8-15, §53-8-16 and §53-8-17, all to read as follows:

ARTICLE 8. PERSONAL SAFETY ORDERS.

§53-8-1. Definitions.

    In this article the following words have the meanings indicated.

    (1) Final personal safety order. -- "Final personal safety order" means a personal safety order issued by a magistrate under section seven of this article.

    (2) Incapacitated adult. -- "Incapacitated adult" means any person who by reason of physical, mental or other infirmity is unable to physically carry on the daily activities of life necessary to sustaining life and reasonable health.

    (3) Law-enforcement officer. -- “Law-enforcement officer" means any duly authorized member of a law-enforcement agency who is authorized to maintain public personal safety and order, prevent and detect crime, make arrests and enforce the laws of the state or any county or municipality thereof, other than parking ordinances.

    (4) Petitioner. -- "Petitioner" means an individual who files a petition under section four of this article.

    (5) Place of employment. -- “Place of employment” includes the grounds, parking areas, outbuildings and common or public areas in or surrounding the place of employment.

    (6) Residence. -- "Residence" includes the yard, grounds, outbuildings and common or public areas in or surrounding the residence.

    (7) Respondent. -- "Respondent" means an individual alleged in a petition to have committed an act specified in subsection (a), section four of this article against a petitioner.

    (8) School. -- "School" means an educational facility comprised of one or more buildings, including school grounds, a school bus or any school-sponsored function or extracurricular activities. For the purpose of this subdivision, "school grounds" includes the land on which a school is built together with such other land used by students for play, recreation or athletic events while attending school. "Extracurricular activities" means voluntary activities sponsored by a school, a county board or an organization sanctioned by a county board or the State Board of Education and include, but are not limited to, preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays, organizations and clubs.

    (9) Sexual offense. -- “Sexual offense” means the commission of any of the following sections:

    (A) Section nine, article eight, chapter sixty-one of this code;

    (B) Section twelve, article eight, chapter sixty-one of this code;

    (C) Section two, article eight-a, chapter sixty-one of this code;

    (D) Section four, article eight-a, chapter sixty-one of this code;

    (E) Section five, article eight-a, chapter sixty-one of this code;

    (F) Section three, article eight-b, chapter sixty-one of this code;

    (G) Section four, article eight-b, chapter sixty-one of this code;

    (H) Section five, article eight-b, chapter sixty-one of this code;

    (I) Section seven, article eight-b, chapter sixty-one of this code;

    (J) Section eight, article eight-b, chapter sixty-one of this code;

    (K) Section nine, article eight-b, chapter sixty-one of this code;

    (L) Section two, article eight-c, chapter sixty-one of this code;

    (M) Section three, article eight-c, chapter sixty-one of this code;

    (N) Section three-a, article eight-d, chapter sixty-one of this code;

    (O) Section five, article eight-d, chapter sixty-one of this code; and

    (P) Section six, article eight-d, chapter sixty-one of this code.

    (10) Temporary personal safety order. -- "Temporary personal safety order" means a personal safety order issued by a magistrate under section five of this article.

§53-8-2. Confidentially of proceedings.

    (a) General Provisions. -- All orders, findings, pleadings, recordings, exhibits, transcripts or other documents contained in a court file are confidential and are not available for public inspection: Provided, That unless the file is sealed pursuant to section eighteen of this article or access is otherwise prohibited by order, any document in the file shall be available for inspection and copying by the parties, attorneys of record, guardians ad litem, designees authorized by a party in writing and law enforcement. A magistrate or circuit judge may open and inspect the entire contents of the court file in any case pending before the magistrate’s or judge's court. When sensitive information has been disclosed in a hearing, pleading or document filing, the court may order such information sealed in the court file. Sealed court files shall be opened only pursuant to section eighteen of this article.

    (b) (1) Proceedings are not open to the public. -- Hearings conducted pursuant to this article are closed to the general public except that persons whom the court determines have a legitimate interest in the proceedings may attend.

    (2) A person accompanying the petitioner may not be excluded from being present if his or her presence is desired by the person seeking a petition unless the person's behavior is disruptive to the proceeding.

    (c) Orders permitting examination or copying of file contents. -- Upon written motion, for good cause shown, the court may enter an order permitting a person who is not permitted access to a court file under subsection (a) to examine and/or copy documents in a file. Such orders shall set forth specific findings which demonstrate why the interests of justice necessitate the examination, copying, or both, and shall specify the particular documents to be examined and/or copied and the arrangements under which such examination, copying, or both, may take place.

    (d) Obtaining confidential records. -- Unless both the petitioner and the respondent waive confidentiality in writing, records contained in the court file may not be obtained by subpoena but only by court order and upon full compliance with statutory and case law requirements.

§53-8-3. Who may file; exclusivity; applicability of article.

    (a) Who may file a petition. -- A petition for relief under this article may be filed by:

    (1) A person seeking relief under this article for herself or himself; or

    (2) A parent, guardian or custodian on the behalf of a minor child or an incapacitated adult.

    (b) Other remedies generally not precluded. -- By proceeding under this article, a petitioner is not limited to or precluded from pursuing any other legal remedy.

    (c) Circumstances where article is inapplicable. -- This article does not apply to a petitioner who is a person eligible for relief under article twenty-seven, chapter forty-eight of this code.

    (d) Right to file. -- No person may be refused the right to file a petition under the provisions of this article. No person may be denied relief under the provisions of this article if she or he presents facts sufficient under the provisions of this article for the relief sought.

§53-8-4. Petition seeking relief.

    (a) Underlying acts. -- A petitioner may seek relief under this article by filing with a magistrate court a petition that alleges the commission of any of the following acts against the petitioner by the respondent:

    (1) A sexual offense or attempted sexual offense as defined in section one of this article; or

    (2) A violation of section nine-a, article two, chapter sixty-one of this code.

    (b) Contents. –

    The petition shall:

    (1) Be verified and provide notice to the petitioner that an individual who knowingly provides false information in the petition is guilty of a misdemeanor and on conviction is subject to the penalties specified in subsection (d) of this section;

    (2) Subject to the provisions of subsection (c) of this section, contain the address of the petitioner; and

    (3) Include all information known to the petitioner of:

    (A) The nature and extent of the act specified in subsection (a) of this section for which the relief is being sought, including information known to the petitioner concerning previous harm or injury resulting from an act specified in subsection (a) of this section by the respondent;

    (B) Each previous and pending action between the parties in any court; and

    (C) The whereabouts of the respondent.

    (c) Address may be stricken. -- If, in a proceeding under this article, a petitioner alleges, and the court finds, that the disclosure of the address of the petitioner would risk further harm to the petitioner or a member of the petitioner’s household, that address may be stricken from the petition and omitted from all other documents filed with, or transferred to, a court.

    (d) Providing false information. -- An individual who knowingly provides false information in a petition filed under this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $1,000 or confined in jail not more than ninety days, or both.

    (e) Withdrawal or dismissal of a petition prior to adjudication operates as a dismissal without prejudice. -- No action for a personal safety order may be dismissed because the respondent is being prosecuted for a crime against the petitioner. For any action commenced under this article, dismissal of a case or a finding of not guilty, does not require dismissal of the action for a civil protection order.

§53-8-5. Temporary personal safety orders.

    (a) Authorized; forms of relief available. –

    (1) If after a hearing on a petition, whether ex parte or otherwise, a magistrate finds that there is reasonable cause to believe that the respondent has committed an act specified in subsection (a), section four of this article, against the petitioner, the magistrate shall issue a temporary personal safety order to protect the petitioner.

    (2) The temporary personal safety order may include any or all of the following relief:

    (A) Order the respondent to refrain from committing or threatening to commit an act specified in subsection (a), section four of this article against the petitioner;

    (B) Order the respondent to refrain from contacting, attempting to contact or harassing the petitioner directly, indirectly or through third parties regardless of whether those third parties know of the order;

    (C) Order the respondent to refrain from entering the residence of the petitioner;

    (D) Order the respondent to remain away from the place of employment, school or residence of the petitioner: Provided, That when the respondent is alleged to have committed an act specified in subdivision (2), subsection (a), section four of this article, the magistrate may not prohibit the respondent from entering the respondent’s place of employment;

    (E) Order the respondent not to visit, assault, molest or otherwise interfere with the petitioner and, if the petitioner is a child, the petitioner’s siblings and minors residing in the household of the petitioner;

    (F) The court, in its discretion, may prohibit a respondent from possessing a firearm as defined in section seven, article seven, chapter sixty-one of this code if:

    (i) A weapon was used or threatened to be used in the commission of the offense predicating the petitioning for the personal safety order;

    (ii) The respondent has violated any prior order as specified under this article; or

    (iii) The respondent has been convicted of an offense involving the use of a firearm; and

    (G) Order either party to pay filing fees and costs of a proceeding pursuant to section thirteen of this article.

    (3) If the magistrate issues an order under this section, the order shall contain only the relief necessary to protect the petitioner.

    (b) Immediate. -- The temporary personal safety order shall be immediately served on the respondent by law enforcement, or at the option of the petitioner, pursuant to rules promulgated pursuant to section fifteen of this article.

    (c) Length of effectiveness. –

    (1) The temporary personal safety order shall be effective for not more than ten days after service of the order.

    (2) The magistrate may extend the temporary personal safety

order to effectuate service of the order or for other good cause. The failure to obtain service upon the respondent does not constitute a basis to dismiss the petition.

    (d) Final personal safety order hearing. -- The magistrate may proceed with a final personal safety order hearing instead of a temporary personal safety order hearing if:

    (1) (A) The respondent appears at the hearing; or

    (B) The court otherwise has personal jurisdiction over the respondent; and

    (2) The petitioner and the respondent expressly consent to waive the temporary personal safety order hearing.

§53-8-6. Respondent's opportunity to be heard; notice to respondent.

    (a) Respondent's opportunity to be heard. -- A respondent shall have an opportunity to be heard on the question of whether the magistrate should issue a final personal safety order subject to the provisions of this section.

    (b) Personal safety order hearing. -- Date and time; notice.

    (1) (A) The temporary personal safety order shall state the date and time of the final personal safety order hearing.

    (B) Unless continued for good cause, the final personal safety order hearing shall be held no later than ten days after the temporary personal safety order is served on the respondent.

    (2) The temporary personal safety order shall include notice to the respondent:

    (A) In at least ten-point bold type, that if the respondent fails to appear at the final personal safety order hearing, the respondent may be served by first-class mail at the respondent's last known address with the final personal safety order and all other notices concerning the final personal safety order;

    (B) Specifying all the possible forms of relief under subsection (d) of section seven, that the final personal safety order may contain;

    (C) That the final personal safety order shall be effective for the period stated in the order, not to exceed two years; and

    (D) In at least ten-point bold type, that the respondent must notify the court in writing of any change of address.

§53-8-7. Personal safety hearing; forms of relief.

    (a) Final personal safety order hearing. –

    Proceeding; issuance of order. -- If the respondent appears for the final personal safety order hearing, has been served with a temporary personal safety order or the respondent waives personal service, the magistrate:

    (1) May proceed with the final personal safety order hearing; and

    (2) May issue a final personal safety order to protect the petitioner if the court finds by a preponderance of the evidence that:

    (A) (i) The respondent has committed an act specified in subsection (a), section four of this article against the petitioner; and

    (ii) The petitioner has a reasonable apprehension of continued unwanted or unwelcome contacts by the respondent; or

    (B) The respondent consents to the entry of a personal safety order.

    (b) A final personal safety order may be issued only to an individual who has filed a petition or on whose behalf a petition was filed under section three of this article.

    (c) In cases where both parties file a petition under section four of this article, the court may issue mutual personal safety orders if the court finds by a preponderance of the evidence that:

    (1) Each party has committed an act specified in subsection (a), section four of this article against the other party; and

    (2) Each party has a reasonable apprehension of continued unwanted or unwelcome contacts by the other party.

    (d) Personal safety order - Forms of relief. –

    (1) The final personal safety order may include any or all of the following relief:

    (A) Order the respondent to refrain from committing or threatening to commit an act specified in subsection (a), section four of this article against the petitioner;

    (B) Order the respondent to refrain from contacting, attempting to contact or harassing the petitioner directly, indirectly, or through third parties regardless of whether those third parties know of the order;

    (C) Order the respondent to refrain from entering the residence of the petitioner;

    (D) Order the respondent to remain away from the place of employment, school or residence of the petitioner;

    (E) Order the respondent not to visit, assault, molest or otherwise interfere with the petitioner and, if the petitioner is a child, the petitioner’s siblings and minors residing in the household of the petitioner;

    (F) The court, in its discretion, may prohibit a respondent from possessing a firearm as defined in section seven, article seven, chapter sixty-one of this code if:

    (i) A weapon was used or threatened to be used in the commission of the offense predicating the petitioning for the personal safety order;

    (ii) The respondent has violated any prior order as specified under this article; or

    (iii)The respondent has been convicted of an offense involving the use of a firearm; and

    (G) Order either party to pay filing fees and costs of a proceeding pursuant to section thirteen of this article.

    (2) If the magistrate issues an order under this section, the order shall contain only the relief necessary to protect the petitioner.

    (e) Personal safety order - Service. –

    (1) A copy of the final personal safety order shall be served on the petitioner, the respondent, the appropriate law-enforcement agency and any other person the court determines is appropriate, including a county board of education, in open court or, if the person is not present at the final personal safety order hearing, by first-class mail to the person's last known address or by other means in the discretion of the court.

    (2) (A) A copy of the final personal safety order served on the respondent in accordance with subdivision (1) of this subsection or the hearing of the announcement of the court’s ruling in court, constitutes actual notice to the respondent of the contents of the final personal safety order.

    (B) Service is complete upon mailing.

    (f) Length of effectiveness. -- All relief granted in a final personal safety order shall be effective for the period stated in the order, not to exceed two years.

§53-8-8. Modification and rescission.

    (a) A personal safety order may be modified or rescinded during the term of the personal safety order after:

    (1) Giving notice to the petitioner and the respondent; and

    (2) A hearing.

    (b) Modification may include extending the term of the personal safety order if the order was previously issued for a term of less than the two-year maximum term set forth in section seven of this article.

§53-8-9. Appeals.

    (a) If a magistrate grants or denies relief under a petition filed under this article, a respondent or a petitioner may appeal to the circuit court for the county where the magistrate court is located.

    (b) An appeal taken under this section shall be heard de novo in the circuit court.

    (c) (1) If an appeal is filed under this section, the magistrate court judgment shall remain in effect until superseded by a judgment of the circuit court; and

    (2) Unless the circuit court orders otherwise, modification or enforcement of the magistrate court order shall be by the magistrate court.

§53-8-10. Statement concerning violations.

    A temporary personal safety order and final personal safety order issued under this article shall state that a violation of the order may result in:

    (1) Criminal prosecution; and

    (2) Incarceration, fine or both.

§53-8-11. Penalties.

    (a) Fines or incarceration. -- An individual who fails to comply with the relief granted in a temporary personal safety order or a final personal safety order entered pursuant to this article is guilty of a misdemeanor and, upon conviction thereof, shall:

    (1) For a first offense, be fined not more than $1,000 or confined in jail not more than ninety days, or both; and

    (2) For a second or subsequent offense, be fined not more than $2,500 or confined in jail not more than one year, or both.

    (b) Arrest. -- A law-enforcement officer shall arrest with or without a warrant and take into custody an individual who the officer has probable cause to believe is in violation of a temporary or final personal safety order in effect at the time of the violation.

§53-8-12. Priority of petitions.

    Any petition filed in magistrate court under the provisions of this article shall be given priority over any other civil action before the court, except actions pursuant to article twenty-seven, chapter forty-eight of this code and those in which trial is in progress, and shall be docketed immediately upon filing.

§53-8-13. Fees and costs.

    (a) Charges for fees and costs postponed. -- No fees may be charged for the filing of petitions or other papers, service of petitions or orders, copies of orders or other costs for services provided by, or associated with, any proceedings under this article until the matter is brought before the court for final resolution.

    (b) Assessment of court costs and fees when temporary order is denied. -- If the petition is denied, court costs and fees shall be assessed by the magistrate against the petitioner at the conclusion of the temporary hearing, unless a fee waiver affidavit reflecting inability to pay has been filed or prohibited by federal law.

    (c) Costs and fees may not be assessed against a prevailing party.

    (d) Assessment of court costs and fees when personal safety order is granted. -- Except as in subsection (c), court costs and fees shall be assessed by the court at the conclusion of a proceeding, unless a fee waiver affidavit reflecting inability to pay has been filed.

    (e) Assessment of court costs and fees when petitioner moves to terminate order. -- No court costs or fees shall be assessed against a petitioner who moves to terminate an order, whether the court grants or denies the motion.

    (f) A person seeking waiver of fees, costs or security pursuant to section one, article two, chapter fifty-nine of this code shall execute before the clerk where the matter is pending a fee waiver affidavit which shall be kept confidential. An additional fee waiver affidavit shall be filed whenever the financial condition of the person no longer conforms to the financial condition established by the Supreme Court of Appeals for determining inability to pay fees or whenever an order has been entered directing the filing of a new affidavit.

§53-8-14. Service by law enforcement.

    Notwithstanding any other provision of this code to the contrary, all law-enforcement officers are hereby authorized and required to serve all pleadings and orders filed or entered pursuant to this article on Sundays and legal holidays. No law-enforcement officer may refuse to serve any pleadings or orders entered pursuant to this article. Law enforcement shall attempt to serve all orders without delay: Provided, That service of process shall be attempted within seventy-two hours of law enforcement's receipt of the order. If service is not made, law enforcement shall continue to attempt service on the respondent until proper service is made.

§53-8-15. Rules and forms.

    (a) Authorized. -- The Supreme Court of Appeals may adopt rules and forms to implement the provisions of this article.

    (b) Petition form. –

    (1) The Supreme Court of Appeals is requested to adopt a form for a petition under this article.

    (2) A petition form shall contain notice to a petitioner that an individual who knowingly provides false information in a petition filed under this subtitle is guilty of a misdemeanor and, on conviction, is subject to the penalties specified in section four of this article.

§53-8-16. Limitation on use of information.

    Nothing in this article authorizes the inclusion of information contained in petition, pleadings or orders provided for by this article to be submitted to any local, state, interstate, national or international systems of criminal identification pursuant to section twenty-four, article two, chapter fifteen of this code. Nothing in this section prohibits the West Virginia State Police from processing information through its criminal identification bureau with respect to any actual charge or conviction of a crime.

§53-8-17. Sealing of records.

    (a) Definitions. –

    (1) In this section the following words have the meanings indicated.

    (2) "Court record" means an official record of a court about a proceeding that the clerk of a court or other court personnel keeps. "Court record" includes an index, a docket entry, a petition or other pleading, a memorandum, a transcription of proceedings, an electronic recording, an order and a judgment.

    (3) "Seal" means to remove information from public inspection in accordance with this section.

    (4) "Sealing" means:

    (A) With respect to a record kept in a courthouse, removing to a separate secure area to which persons who do not have a legitimate reason for access are denied access;

    (B) With respect to electronic information about a proceeding on the website maintained by the magistrate court, circuit court or the Supreme Court of Appeals, removing the information from the public website; and

    (C) With respect to a record maintained by any law-enforcement agency, by removing to a separate secure area to which persons who do not have a legitimate reason for access are denied access.

    (b) Written request. -- Either party to a petition filed pursuant to this article may file a written request with the clerk to seal all court records relating to the proceeding.

    (c) Timing. -- A request for sealing under this section may not be filed within two years after the entry of a final order, or the denial or dismissal of the petition.

    (d) Notice, hearing and findings. –

    (1) On the filing of a request for sealing under this section, the court shall schedule a hearing on the request.

    (2) The court shall give notice of the hearing to the parties.

    (3) After the hearing, the court shall order the sealing of all court records relating to the proceeding if the court finds:

    (A) Good cause to grant the request. In determining whether there is good cause to grant the request to seal court records, the court shall balance the privacy and potential danger of adverse consequences to the parties against the potential risk of future harm and danger to the petitioner and the community; and

    (B) That none of the following are pending at the time of the hearing:

    (i) A temporary personal safety order or protective order issued against the respondent in a proceeding between the petitioner and the respondent; or

    (ii) A criminal charge against the respondent arising from an alleged act described in subsection (a) section four of this article in which the petitioner is the victim.

    (e) Access to a sealed record. –

    (1) This section does not preclude the following persons from accessing a sealed record for a legitimate reason:

    (A) A law-enforcement officer;

    (B) An attorney who represents or has represented the petitioner or the respondent in a proceeding;

    (C) A prosecuting attorney; or

    (D) An employee of the Department of Health and Human Resources.

    (2) (A) A person not listed in subdivision (1) of this subsection may subpoena or file a motion for access to a record sealed under this section.

    (B) If the court finds that the person has a legitimate reason for access, the court may grant the person access to the sealed record under the terms and conditions that the court determines.

    (C) In ruling on a motion under this subdivision, the court shall balance the person's need for access to the record with the respondent's right to privacy and the potential harm of unwarranted adverse consequences to the respondent that the disclosure may create.

    (f) Compliance with order. -- Within sixty days after entry of an order under subdivision (3), subsection (d) of this section, each custodian of court records that are subject to the order of sealing shall advise in writing the court and the parties of compliance with the order.;

    And,

    By striking out the title and substituting therefor a new title, to read as follows:

    Eng. Com. Sub. for Senate Bill No. 191--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §53-8-1, §53-8-2, §53-8-3, §53-8-4, §53-8-5, §53-8-6, §53-8-7, §53-8-8, §53-8-9, §53-8-10, §53-8-11, §53-8-12, §53-8-13, §53-8-14, §53-8-15, §53-8-16 and §53-8-17, all relating to personal safety orders; confidentiality of proceedings; who may file a petition; contents of petition; temporary hearing and relief available; contents of temporary order; respondent’s opportunity to be heard; notice to respondent; final hearing and forms of relief; modification and rescission; appeals; criminal penalties; priority of petitions; fees and costs; service by law enforcement; rules and forms; limitation on use of information; and the sealing of records.

    On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.

    Engrossed Committee Substitute for Senate Bill No. 191, as amended by the House of Delegates, was then put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Green--1.

    So, a majority 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. 191) passed with its House of Delegates amended title.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

    A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect July 1, 2012, of

    Eng. Senate Bill No. 365, Increasing membership of PEIA Finance Board.

    A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amended title, passage as amended, of

    Eng. Com. Sub. for House Bill No. 4001, Authorizing boards to establish fees by legislative rule.

    A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amended title, passage as amended, of

    Eng. Com. Sub. for House Bill No. 4125, Correcting date for schools to send notice to parents alerting them to the existence of the school's crisis response plan.

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

    Eng. Com. Sub. for House Bill No. 4220, Authorizing the department of commerce to promulgate legislative rules.

    A message from The Clerk of the House of Delegates announced that that body had agreed to the appointment of a committee of conference of five from each house on the disagreeing votes of the two houses, as to

    Eng. Com. Sub. for House Bill No. 4236, Relating to exclusions from the definition of professional personnel for evaluation purposes.

    The message further announced the appointment of the following conferees on the part of the House of Delegates:

    Delegates M. Poling, Stowers, Varner, Anderson and Evans.

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

    Eng. Com. Sub. for House Bill No. 4238, Establishing procedures for address confidentiality program participants on the special absentee voting list.

    A message from The Clerk of the House of Delegates announced that that body had refused to concur in the Senate amendments to, and requested the Senate to recede therefrom, as to

    Eng. Com. Sub. for House Bill No. 4239, Increasing the membership of the West Virginia Board of Osteopathy.

    On motion of Senator Unger, the Senate refused to recede from its amendments to the bill and requested the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses.

    Whereupon, Senator Kessler (Mr. President) appointed the following conferees on the part of the Senate:

    Senators Foster, McCabe and Sypolt.

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

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

    Eng. Com. Sub. for House Bill No. 4351, Relating to mine safety.

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

    Eng. House Bill No. 4481, Relating to the Comprehensive Behavioral Health Commission.

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

    Eng. Com. Sub. for House Bill No. 4630, Modifying the membership of the Braxton County Recreational Development Authority.

    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. 112--Recognizing and welcoming the Turkish Delegation from the Zonguldak Chamber of Commerce and Businessmen Association.

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

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

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

Executive Communications

    Senator Kessler (Mr. President) laid before the Senate the following communication from His Excellency, the Governor:

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 7, 2012

The Honorable Jeffrey V. Kessler

President, West Virginia Senate

The Honorable Richard Thompson

Speaker, West Virginia House of Delegates

State Capitol

Charleston, West Virginia

Dear President Kessler and Speaker Thompson:

    After the submission of my recommended FY 2013 Executive Budget on January 11, 2012, and my first adjustment letter on February 9, 2012, there have been a few areas that require adjustments and, therefore, I would like to provide you with additional recommended revisions to the TITLE II -- APPROPRIATIONS:

Section 1. Appropriations from general revenue.

Department of Education

State Department of Education - State Aid to Schools, Fund 0317, Fiscal Year 2013, Org 0402

(To adjust School Aid Formula based on latest estimates.)

    ●    Increase “Other Current Expenses” Activity 022 by $18,263.

    ●    Decrease “Professional Educators” Activity 151 by $7,500.

    ●    Decrease “Fixed Charges” Activity 153 by $653.

    ●    Increase “Transportation” Activity 154 by $396,238.

    ●    Increase “Improved Instructional Programs” Activity 156 by $753,481.

    ●    Increase “21st Century Strategic Technology Learning Growth” Activity 936 by $753,481.

    ●    Increase “Less Local Share” line by $5,023,206 from ($389,802,692) to ($394,825,898).

Department of Health and Human Resources

Division of Human Services, Fund 0403, Fiscal Year 2013, Org 0511

    (To adjust appropriation for Medical Services.)

    ●    Increase “Medical Services” Activity 189 by $4,052,753.

Department of Revenue

Division of Professional and Occupational Licenses - State Athletic Commission, Fund 0523, Fiscal Year 2013, Org 0933

(To adjust the appropriations due to Mixed Martial Arts regulations.)

    ●    Increase “Personal Services” Activity 001 by $17,000.

    ●    Increase “Employee Benefits” Activity 010 by $8,300.

    ●    Decrease “Current Expenses” Activity 130 by $25,300.

Section 3. Appropriations from other funds.

Department of Administration

Department of Administration-Office of the Secretary, Employee Pension and Health Care Benefit Fund, Fund 2044, Fiscal Year 2013, Org 0201

(To adjust the spending authority due to the January 19, 2012, final actuarial estimation for Teachers’ Retirement Savings Realized.)

    ●    Decrease “Current Expenses” Activity 130 by $9,939,000.

Department of Revenue

Racing Commission - General Administration, Fund 7305, Fiscal Year 2013, Org 0707

    (To adjust spending authority to fiscal year 2012 level.)

    ●    Decrease “Current Expenses” Activity 130 for $696,800.

Miscellaneous Boards and Commissions

Hospital Finance Authority, Fund 5475, Fiscal Year 2013, Org 0509

(To adjust spending authority due to unanticipated legal expenses.)

    ●    Increase “Personal Services” Activity 001 for $20,000.

    ●    Increase “Employee Benefits” Activity 010 for $9,700.

    ●    Increase “Current Expenses” Activity 130 for $30,000.

Section 6. Appropriations of federal funds.

Department of Administration

Children’s Health Insurance Agency, Fund 8838, Fiscal Year 2013, Org 0230

(To increase spending authority for federal funds.)

    ●    Increase “Current Expenses” Activity 130 by $10,000,000.

Department of Environmental Protection

Division of Environmental Protection, Fund 8708, Fiscal Year 2013, Org 0313

(To increase spending authority for grants from the U. S. Office of Surface Mining.)

    ●    Increase “Current Expenses” Activity 130 by $66,500,000.

Section 8. Awards for claims against the state.

Please amend the language to read as follows:

“There are hereby appropriated for fiscal year 2013, from the fund as designated, in the amounts as specified, general revenue funds in the amount of $6,057,143, special revenue funds in the amount of $366,855, and state road funds in the amount of $2,093,948 for payment of claims against the state.”

    Thank you for your time and consideration of this matter. Your cooperation is always appreciated. Should you have any questions or require additional information, please call me at any time.

                             Sincerely,

                               Earl Ray Tomblin,

                                 Governor.

    Which communication was received and referred to the Committee on Finance.

    The Senate proceeded to the fourth order of business.

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

    Your Committee on the Judiciary has had under consideration

    Eng. Com. Sub. for House Bill No. 3174, Relating to liquor and beer sampling events.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 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

    Eng. Com. Sub. for House Bill No. 4028, Authorizing the temporary suspension of certification of emergency medical service personnel or licensure of emergency medical service agencies without a hearing or prior notice if there is probable cause.

    With an amendment from the Committee on Government Organization pending;

    And has also amended same.

    And reports the same back with the recommendation that it do pass as last amended by the Committee on the Judiciary.

                             Respectfully submitted,

                               Corey Palumbo,

                                 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

    Eng. Com. Sub. for House Bill No. 4062, Creating an in-home direct care workforce registry.

    With an amendment from the Committee on Finance pending;

    And has also amended same.

    And reports the same back with the recommendation that it do pass as last amended by the Committee on the Judiciary.

                             Respectfully submitted,

                               Corey Palumbo,

                                 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

    Eng. House Bill No. 4271, Reporting requirements for residential mortgage lenders and broker licensees.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 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

    Eng. Com. Sub. for House Bill No. 4426, Requiring a copayment to a physical therapist and an occupational therapist be the same as a physician or osteopath.

    And has amended same.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    On motion of Senator Palumbo, the bill (Eng. Com. Sub. for H. B. No. 4426) contained in the foregoing report from the Committee on the Judiciary was referred to the Committee on Finance, with amendments from the Committee on the Judiciary pending.

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

    Your Committee on the Judiciary has had under consideration

    Eng. Com. Sub. for House Bill No. 4601, Authorizing the West Virginia National Guard to participate in a federal asset forfeiture or sharing program.

    With an amendment from the Committee on Military pending;

    Now on second reading, having been read a first time and referred to the Committee on the Judiciary on March 6, 2012;

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 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

    Eng. Com. Sub. for House Bill No. 4605, Providing a premarital education option to applicants for marriage licenses.

    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,

                               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.

    At the request of Senator Yost, unanimous consent being granted, the Senate returned to the second order of business and the introduction of guests.

    The Senate then proceeded to the sixth order of business.

    Senators Barnes and Klempa offered the following resolution:

    Senate Concurrent Resolution No. 76--Requesting the Joint Committee on Government and Finance to study state governmental continuity in case of a disruption in federal government operations.

    Whereas, West Virginia is without a crisis management plan in the event of an extreme nationwide political or economic crisis; and

    Whereas, The potential unraveling of the United States government and economy may seem remote at this time, however, with the national debt exceeding $15 trillion and protest movements growing across the country, West Virginia needs to insure that its residents are protected should any unexpected emergency hit the United States; and

    Whereas, West Virginia needs to be prepared for potential catastrophes, from disruptions in food supply and energy supplies to a potential loss of assistance from the federal government; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Joint Committee on Government and Finance to study state governmental continuity in case of a disruption in federal government operations; and, be it

    Further Resolved, That the Joint Committee on Government and Finance study potential impacts on the state and the people of West Virginia in the event of a potential disruption of the United States government including, but not limited to, the following:

    (1) Potential effects of the rapid decline of the U. S. dollar;

    (2) Potential effects of the federal government having no effective power or authority over the population of the United States;

    (3) Potential effects of a constitutional crisis;

    (4) Potential effects of a disruption in food distribution; and

    (5) Potential effects of a disruption in energy distribution; and, be it

    Further Resolved, That the Joint Committee on Government and Finance study preparation which may be required of the State of West Virginia in the event of a disruption of the United States government including, but not limited to, the following:

    (1) Coordination between the Governor’s Office, the West Virginia Department of Military Affairs and Public Safety and the West Virginia National Guard;

    (2) The ability to quickly provide a means of trade;

    (3) The implementation of protective measures and raising of a standing army; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

    At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration and referred to Committee on Government Organization; and then to the Committee Rules.

    Senators Unger, Browning, Plymale, Laird, Williams, Yost, Klempa, Prezioso and Stollings offered the following resolution:

    Senate Resolution No. 52--Recognizing the Girl Scouts of the United States of America on its 100th anniversary.

    Whereas, On March 12, 2012, the Girl Scouts of the USA will celebrate the 100th anniversary of the first Girl Scout Troop; and

    Whereas, For 100 years, the Girls Scouts of the USA has worked toward its mission to build girls of courage, confidence, and character who make the world a better place; and

    Whereas, The Girl Scouts of the USA has maintained the same pursuit of giving all girls the opportunity to develop mentally, physically, and spiritually that Juliette "Daisy" Gordon Low engendered when she hosted the first Girl Scouts meeting 100 years ago; and

    Whereas, In order to earn the prestigious Girl Scout Gold Award, each Girl Scout must spend a minimum of 80 hours researching a project she chooses, building a team to assist with the project, developing, presenting, implementing, and receiving feedback on her action plan, and educating and inspiring others on the issue; and

    Whereas, The Girl Scouts of the USA is the largest organization for girls in the world, with 3.2 million current Girl Scouts and more than 50 million Girl Scouts alumnae in the U.S. today; and

    Whereas, The Girl Scouts of the USA has 112 chartered councils nationwide, including Girl Scouts of Black Diamond and Girl Scouts Council of the Nation's Capital, both of which serve regions of West Virginia; therefore, be it

    Resolved by the Senate:

    That the Senate hereby recognizes the Girl Scouts of the United States of America on its 100th anniversary; and, be it

    Further Resolved, That the Senate commends the Girl Scouts of the USA for its dedication to enriching the lives of girls throughout the state and the nation; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives from the Girl Scouts of the USA.

    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 Sypolt, Plymale, Williams, Yost, Klempa, Prezioso and Stollings offered the following resolution:

    Senate Resolution No. 53--Designating March 7, 2012, as “Preston County Day at the Capitol”.

    Whereas, Preston County was formed from Monongalia County in 1818, and is named for Virginia Governor James Patton Preston; and

    Whereas, Preston County is bordered on the North by the Mason-Dixon Line, made famous as the line between free and slave states before the War Between the States; and

    Whereas, Preston County has ten incorporated municipalities: Albright, Brandonville, Bruceton Mills, Kingwood, Masontown, Newburg, Reedsville, Rowlesburg, Terra Alta, Tunnelton; and

    Whereas, Preston County eighteen entries on the National Register of Historical Places, Three Wildlife Management areas, part of Coopers Rock State Forest and Monongahela National Forest, and two State Parks: Cathedral State Park and Fairfax Stone State Park; and

    Whereas, Located in Preston County, the West Virginia National Guard Camp Dawson chartered in 1909, and has grown to offer training opportunities for many of the various components of Active and Reserve Armed Forces; and

    Whereas, Preston County is home to the Buckwheat Festival, a tradition that began in 1938, and continues to this day; and

    Whereas, The first of several model planned-communities nationwide, Arthurdale was established in 1933-34 under the Federal Homestead Act as a pet project of Eleanor Roosevelt, to assist the unemployed through self-sufficient farming and handicrafts; and

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

    Resolved by the Senate:

    That the Senate hereby designates March 7, 2012, as “Preston County Day at the Capitol”; and, be it

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

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

    Thereafter, at the request of Senator K. Facemyer, and by unanimous consent, the remarks by Senator Sypolt regarding the adoption of Senate Resolution No. 53 were ordered printed in the Appendix to the Journal.

    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.

    At the request of Senator Chafin, unanimous consent being granted, Senators Chafin, Kessler (Mr. President), Barnes, Beach, Boley, Browning, Edgell, D. Facemire, K. Facemyer, Foster, Green, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills and Yost offered the following resolution from the floor:

    Senate Resolution No. 54--Recognizing the service of the Honorable John Pat Fanning, member of the West Virginia Senate and dedicated public servant.

    Whereas, John Pat Fanning was born August 14, 1934, in Iaeger, West Virginia, son of the late James P. and Gertrude (Neal) Fanning; and

    Whereas, John Pat Fanning attended Davis and Elkins College and Cincinnati College of Embalming; and

    Whereas, John Pat Fanning was appointed to the West Virginia Senate June 10, 1968, to fill the vacancy created by the resignation of Glenn Hatcher; and

    Whereas, Since that time, the Honorable John Pat Fanning has been elected to a remarkable eight terms in the Senate in 1968, 1972, 1976, 1984, 1996, 2000, 2004 and 2008; and

    Whereas, The Honorable John Pat Fanning currently serves on the Committees on Natural Resources (Vice Chair), Agriculture, Banking and Insurance, Energy, Industry and Mining, Judiciary, and Transportation and Infrastructure. Additionally, he serves on the Forest Management Review Commission; and

    Whereas, The Honorable John Pat Fanning, during his incomparable tenure in the Senate, which has spanned over four decades, has held the following positions: Chairman, Committee on Finance, 61st, 62nd, 63rd and 64th Legislatures; Chairman, Committee on Transportation, 67th Legislature; Chairman, Committee on Labor, 74th and 75th Legislatures; Chairman, Committee on Natural Resources 76th through 79th Legislatures; Vice Chair, Committee on Pensions, 75th and 76th Legislatures; and

    Whereas, The Honorable John Pat Fanning has decided not to seek reelection in 2012, bringing an end to a storied and distinguished career in public service; therefore, be it

    Resolved by the Senate:

    That the Senate hereby recognizes the service of the Honorable John Pat Fanning, member of the West Virginia Senate and dedicated public servant; and, be it

    Further Resolved, That the Senate hereby expresses its sincere appreciation to the Honorable John Pat Fanning for his dedication and commitment to the citizens of the sixth senatorial district and 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 Honorable John Pat Fanning.

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

    Thereafter, at the request of Senator Unger, and by unanimous consent, the remarks by Senator Chafin regarding the adoption of Senate Resolution No. 54 were ordered extended in the Journal as follows:

    SENATOR CHAFIN: Ladies and gentlemen of the Senate, I have never been more honored than to stand here today to make some remarks about the great service of my good friend from McDowell, Senator John Pat Fanning. To all of you here today and to all of you who will hear these remarks, I am pleased and honored and filled with appreciation not only to Senator Fanning but also to Senator Fanning’s family who have been my long and treasured friends.

    Senator Fanning has had the most distinguished of public careers and he has a legion of fans and friends. He knows how many friends he has because he is a friend to all of us.

    There is much to say and much will be said about the public life of Senator John Pat Fanning. He is a lover of many things in his public life, but he loves nothing more than being with his people and representing them. I have witnessed this over many years. He’s never refused to attend a public rally or gathering and has always loved the political events and he is always encouraging. He always has a kind word for everyone.

    “You are going to win this”, he would say. “Even if we have to stay up all night, we are going to win this.” He’s a fighter--always has been.

    Senator Fanning has taught me many things over the years and others whose lives he’s touched. He, in many ways, is a quiet politician. He is always humble but exemplifies courage. He has lived one of the most complete and full political lives of anyone.

    I am a bit sad today as I stand here to pay tribute to this distinguished West Virginian, but I’ll try to set any sadness aside as I talk and instead celebrate all that the Senator is and all that he stands for. He has always quietly asked each of us to find time to be reflective, forgive slights, love and cherish each other, love and cherish our family and our friends and especially our community and state.

    The good Senator is a very kind individual and, as you all know, there is nothing more kingly than kindness.

    After Senator Fanning retires from public life, what is it that each of us will say about him? I think we can all agree that he will be remembered for his warm manner, his good friendship, his ability to make you feel good, his great sense of humor, his loyalty and his statesmanship.

    Rather than be sad today let us give thanks to the good Lord that He ever made such a person to serve the people of West Virginia as Senator John Pat Fanning.

    Senator, we are very honored to be here with you today. You once told me that you would miss 100 percent, Truman, of the shots that you don’t take. I will always remember that. Twenty years from now you told me that I’d be more disappointed by the things that I did not do rather than the ones I did. Also, true.

    Some people spend an entire lifetime wondering if they made a difference in this world. However, Senator Fanning doesn’t have that problem. I also heard him say one time in one of his speeches in southern West Virginia that “Happiness keeps you sweet, trials keeps you strong, failures keep you humble and success keeps you glowing, but only the good Lord keeps you going.” I jotted that down and I thought that was one of your finer remarks.

    Because of Senator Fanning, I hope each of you here today, ladies and gentlemen, have a feeling of energy inside you, some feeling of urgency, some feeling of passion and some feeling of hopefulness to carry us forward as he departs.

    One of his most important tidbits, Mr. President, was that: One man with courage is a majority.

    He had a great sense of humor and has a great sense of humor and I’ll have to share some of it with you.

    Senator Fanning always told me that Halloween was his favorite time of year. And I said, “Why?” And he said, “Because the uglier you are the easier it is to get something.”

    We were at a grade school down in southern West Virginia one time and he told the students that four out of three people have trouble with fractions, and you all just keep studying.

    He also had a sticker on his van for many years that said, “Keep honking, I’m reloading.” I always liked that.

    We were at a nursing home down in Williamson one day campaigning and we got all of the elderly people in the auditorium and he asked, “Did you all ever stop to think and forget to start again?” Everybody in the whole room raised their hands.

    We were campaigning down south one day and we went into this house and he introduced me to this guy. It’s up around Raysal in McDowell County. He introduced me to his wife. And his wife stood up and she had one of those big cuts and it got caught in the fan and it started throwing hair everywhere. John said, “Let’s get out of here.” I was glad to go with you.

    We were out one night with the famous Doctor Whitley who is the county chair and a great politician and a good friend of the Senator and I. And we got stopped one night by the police. It was about 2 o’clock in the morning. Senator Fanning was driving. The officer put the flashlight in and said, “Senator, where are going in such a big hurry at this time of night?” And the Senator said, “I am going to a lecture about alcohol abuse and the effects it has on the human body.” The officer said, “Really, now who would be giving that lecture this time of night?” And he said, “Well, that would be my wife, Kathryn.”

    One of the more funny ones--we were out one night and we were at a tent revival. When John Pat campaigns he takes it all up. They had this big tent out and they were really doing a lot of heavy preaching in there. He said, “Let’s stop in there--a lot of people will be in there.” So we go in--I was a little reluctant, but I did it. And the preacher said, "Anyone here with needs or special prayers come up to the alter." A friend of John Pat’s--I knew him--named Tyrone got up and went to the preacher. The preacher said, “Tyrone, what do you want me to pray about?” He said, “Well, preacher, I want you to pray about my hearing.” So immediately the preacher grabs his head and puts one hand in Tyrone’s ear and prayed and did it again, and was really shaking the kid’s head hard. He took his fingers out and asked, "Tyrone, how’s your hearing now?" Tyrone said, "Well, preacher, I don’t know, it’s not until next Tuesday at 9 a.m." John Pat said, "Let’s get out of here."

    Ladies and gentlemen, in closing, let us remember this great statesman, Senator John Pat Fanning, who lives by the motto that all it takes is one little step to change a person’s life and to make a difference. The deepest wisdom anyone can attain is to know that their destiny is to aid and to serve. Senator Fanning has done that for many years. And it’s been said that anyone who wishes to sing can always find a song and, ladies and gentlemen, could my good friend Senator Fanning sing. Just let me give you a little excerpt of his song.

    SENATOR FANNING: If you go to Cinder Bottom, put your money in your shoes, ‘cause the women in Black Bottom got them Black Bottom Blues. Ha. Don’t you show that to nobody!

    SENATOR CHAFIN: I said you always told me that you could always trust me so, you know, I’ve kept that under wraps until today.

    If you want to be happy in life, ladies and gentleman, just go around helping others. That is exactly what he’s done for 32 and a half years.

    I hope that you’ll adopt this resolution.

    Thank you.

________

    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 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. 77 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name bridge number 28-52-11 in Mercer County, West Virginia, the “Christine West Bridge”.

    Whereas, Christine West has dedicated her time, energy, leadership and funds toward building and upgrading the King Coal Highway (I-73/74) Corridor; and

    Whereas, Christine West was appointed to serve as a voting members on the King Coal Highway Authority on July 23, 1999; and

    Whereas, Christine West is also a member of the National Interchange of the I-73/74, consisting of the states of West Virginia, Virginia, North Carolina, South Carolina, Michigan and Ohio; and

    Whereas, Christine West has given her time and money traveling the proposed corridor to garner support from social and government organizations, as well as from local officials and state and federal legislators; and

    Whereas, It is fitting, that a lasting tribute be made to such an outstanding public servant such as Christine West, whose dedication and commitment to the people of West Virginia has spanned so many years; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Division of Highways to name bridge number 28-52-11 in Mercer County, West Virginia, the “Christine West Bridge”; and, be it

    Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “Christine West Bridge”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and Christine West.

    And,

    Senate Concurrent Resolution No. 78 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name bridge number 24-52/21-0.01 in McDowell County, West Virginia, the “PFC Walter T. Lester Memorial Bridge”.

    Whereas, Walter T. Lester was born on September 9, 1931, the son of Andy and Liza Lester; and

    Whereas, Walter T. Lester attended the Iaeger schools and enlisted in the United States Marine Corps on February 19, 1951; and

    Whereas, Upon enlistment, Walter T. Lester received his basic training at Parris Island, South Carolina, and would later be deployed to fight for his country in the Korean Conflict; and

    Whereas, Walter T. Lester was married to his beloved wife Geraldine Ann Roark of Iaeger, West Virginia; and

    Whereas, Sadly, after only six months of deployment, Walter T. Lester was killed in action in Korea on March 27, 1953, at 21 years of age; and

    Whereas, It is fitting to honor Walter T. Lester for making the ultimate sacrifice for his country by naming this bridge in his memory; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name bridge number 24-52/21-0.01 in McDowell County, West Virginia, the “PFC Walter T. Lester Memorial Bridge”; and, be it

    Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “PFC Walter T. Lester Memorial Bridge”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the family of Walter T. Lester.

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

                             Respectfully submitted,

                               Robert D. Beach,

                                 Chair.

    At the request of Senator Beach, unanimous consent being granted, the resolutions (S. C. R. Nos. 77 and 78) 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.

    Senator Browning, from the Committee on Economic Development, submitted the following report, which was received:

    Your Committee on Economic Development has had under consideration

    Senate Concurrent Resolution No. 79 (originating in the Committee on Economic Development)--Requesting the Joint Committee on Government and Finance to conduct a study of tax credits.

    Whereas, West Virginia has encountered difficulty with the development and growth of new industries and attracting new businesses to the state; and

    Whereas, This difficulty in diversifying and growing the West Virginia economy has caused a loss of employment opportunities for the state’s citizens and decreased the tax base available to provide services to communities; and

    Whereas, Other states have seen growth in new business areas and often have offered incentives to spur such development; and

    Whereas, Tax credits have been an important method of encouraging economic development and expanding existing businesses and new industries, all of which result in increased opportunities for work and retention of existing workforces; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Joint Committee on Government and Finance to conduct a study of tax credits; and, be it

    Further Resolved, That the Legislature hereby requests the Joint Committee on Government and Finance conduct a study of West Virginia tax credits, including the number of existing West Virginia tax credits, their authorized amounts and actual use, a cost–benefit analysis of tax credits given and benefits received, an accounting of the particular tax credit programs, an accountability mechanism and a comparison of West Virginia’s tax credits to those offered by the other states; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

    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,

                               Richard Browning,

                                 Chair.

    On motion of Senator Browning, the resolution (S. C. R. No. 79) contained in the foregoing report from the Committee on Economic Development was referred to the Committee on Rules.

    Senator Stollings, from the Committee on Health and Human Resources, submitted the following report, which was received:

    Your Committee on Health and Human Resources has had under consideration

    Senate Concurrent Resolution No. 80 (originating in the Committee on Health and Human Resources)--Requesting the Joint Committee on Government and Finance to conduct a study of ways to make the West Virginia Medicaid Program more cost effective and efficient while maintaining the quality of the health care services it offers.

    Whereas, The West Virginia Medicaid program provides essential health care services for more than 400,000 aged, blind, disabled, or low-income West Virginians; and

    Whereas, Medicaid is especially important in West Virginia because of high rates of child poverty, disability and the growing number of people over age 65; and

    Whereas, Due to increased health care costs and bourgeoning enrollment, expenditures for West Virginia’s Medicaid program are growing much faster than the overall budget; and

    Whereas, According to the State Budget Office, if the Fiscal Year 2013 level of program offerings in the State’s Medicaid program is maintained in Fiscal Year 2014, it is projected that additional funding of over $201 million will be needed; and

    Whereas, Continued growth in Medicaid expenditures and the projected expansion of the Medicaid population in 2014, as provided for in the Patient Protection and Affordable Care Act, make it imperative that policymakers identify ways to improve the cost-effectiveness and efficiency of the Medicaid program; and

    Whereas, Changes to the Medicaid program are inevitable in order to avoid future funding crises and there is a need for solutions that improve care, improve the health of West Virginians and reduce per capita costs; and

    Whereas, As changes to the Medicaid program are contemplated, it will be important to identify and study the Medicaid services required under federal law and those that West Virginia may choose to offer, as well as the cost and effectiveness of providing those services; and

    Whereas, West Virginia may also need to identify and study policies in other states that have employed care coordination, disease and care management, and quality improvement strategies to enhance their ability to provide cost effective care to low-income individuals with significant health needs; and

    Whereas, Controlling the growth of the Medicaid program is critical to both the fiscal health of the state and the people who depend on the Medicaid program for vital services; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to conduct a study of ways to make the West Virginia Medicaid Program more cost effective and efficient while maintaining the quality of the health care services it offers; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

    And,

    Senate Concurrent Resolution No. 81 (originating in the Committee on Health and Human Resources)--Requesting the Joint Committee on Government and Finance to study granting exemptions to mandatory immunizations on religious and philosophical grounds.

    Whereas, West Virginia Code §16-3-4 provides for a list of immunizations which children must receive prior to admittance to the public school system in West Virginia; and

Whereas, An increasing number of parents across the country question the safety of vaccinations, particularly the purported relationship between them and autism; and

    Whereas, Many citizens have deeply held religious and/or moral objections to the method by which vaccines have been developed; and

    Whereas, Some citizens religious beliefs preclude them from receiving any medical treatment, including immunizations that may be mandatory for students to attend public schools in West Virginia; and

    Whereas, West Virginia is currently one of only two states that do not allow religious exemptions to mandatory inoculations; and

    Whereas, In addition to the 48 states that allow for religious exemptions, 20 states have provisions allowing for exemptions on philosophical grounds, which means the language of the statutes does not restrict the exemption to purely religious or spiritual beliefs; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study granting exemptions to mandatory immunizations on religious and philosophical grounds; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

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

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

    On motion of Senator Stollings, the resolutions (S. C. R. Nos. 80 and 81) contained in the foregoing report from the Committee on Health and Human Resources were referred to the Committee on Rules.

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

    Your Committee on Finance has had under consideration

    Senate Concurrent Resolution No. 82 (originating in the Committee on Finance)--Requesting the Joint Committee on Government and Finance to conduct a study on the creation of a Fiscal and Policy Division under the Joint Committee on Government and Finance.

    Whereas, The Legislature, in order to function as a coequal branch of government, seeks to emphasize the need to obtain accurate information regarding the fiscal impact and policy implications of proposed legislation it considers; and

    Whereas, In order to obtain fiscal information on proposed legislation, the Legislature is, at present, dependent upon executive branch agencies and affected interest groups; and

    Whereas, Establishing a Fiscal and Policy Division under the Joint Committee on Government and Finance would assist legislators in obtaining unbiased and comprehensive fiscal notes on proposed legislation; and

    Whereas, A comparative study of other states’ Finance Committee staff and responsibilities can help determine if the Fiscal and Policy Division is better suited to be located at the Finance Committee level; and

    Whereas, A Fiscal and Policy Division under the legislative branch of government would make recommendations to the Legislature and committees with respect to the budget; and

    Whereas, A Fiscal and Policy Division would make continuous short and long range studies of projected revenues and expenditures and to annually publish an official economic outlook for the state; and

    Whereas, A Fiscal and Policy Division will develop and maintain a comprehensive information system on the receipt of revenues by local governmental subdivisions and political subdivisions from local, state and federal sources, as well as expenditure of these revenues and to submit a summary of this information annually to the Legislature; and

    Whereas, A Fiscal and Policy Division under the legislative branch of government would advance taxpayer confidence in the operations of state government by publishing on a single website in a user-friendly manner which fosters transparency and accountability of government operations; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Joint Committee on Government and Finance to conduct a study on the creation of a Fiscal and Policy Division under the Joint Committee on Government and Finance; and, be it

    Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study the fiscal impact of the establishment of a Fiscal and Policy Division under the legislative branch of the West Virginia government; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

    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,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    On motion of Senator Prezioso, the resolution (S. C. R. No. 82) contained in the foregoing report from the Committee on Finance was referred to the Committee on Rules.

    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. 83 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways to name bridge number 24-7/8-0.23 crossing over the Tug River at Hemphill, McDowell County, the “Charles H. ‘Charlie’ Spencer Memorial Bridge”.

    Whereas, Charlie Spencer was born March 15, 1929, the son of the late T. R. and Mable Spencer; and

    Whereas, Charlie Spencer married Betty Jane Hale, with whom he shared the joy of having four children: Teresa, Charles II, Gordon and James; and

    Whereas, Charlie Spencer entered the U. S. Army in 1945 and was a veteran of World War II and the Korean War and was honorably discharged in 1953; and

    Whereas, Charlie Spencer returned to Welch and worked at Marytown Tipple for W. B. Swope until 1962 when he was employed by U.S. Steel Mining Company at the Gary Cleaning Plant until it closed in 1986; and

    Whereas, Charlie Spencer was a longtime member of the American Legion Post 8, having been there since 1954 and serving in various positions; and

    Whereas, Charlie Spencer was also a member of the Welch Lions Club, where he served as a President and was a past member of the V. F. W Post 8413; and

    Whereas, It was fitting to honor Charlie Spencer for his service to his community, state and country by naming bridge number 24-7/8.023 crossing over the Tug River at Hemphill, McDowell County, the “Charles Spencer Bridge” in 2008; and

    Whereas, Charlie Spencer passed away peacefully with his wife by his side on February 24, 2012; and

    Whereas, It is fitting to continue to honor Charlie Spencer by renaming bridge number 24-7/8.023 crossing over the Tug River at Hemphill, McDowell County, the “Charles H. ‘Charlie’ Spencer Memorial Bridge”; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name bridge number 24-7/8-0.23 crossing over the Tug River at Hemphill, McDowell County, the “Charles H. ‘Charlie’ Spencer Memorial Bridge”; and, be it

    Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “Charles H. ‘Charlie’ Spencer Memorial Bridge”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of Charlie Spencer.

    And reports the same back with the recommendation that it be adopted.

                             Respectfully submitted,

                               Robert D. Beach,

                                 Chair.

    The Senate proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 55, Requesting Joint Committee on Government and Finance study Public-Private Transportation Facilities Act modification.

    On unfinished business, coming up in regular order, was reported by the Clerk.

    The question being on the adoption of the resolution, 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.

    Senate Concurrent Resolution No. 57, Requesting Joint Committee on Government and Finance study state's cooperative purchasing process.

    On unfinished business, coming up in regular order, was reported by the Clerk.

    The question being on the adoption of the resolution, 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.

    Senate Concurrent Resolution No. 59, Requesting Joint Committee on Government and Finance study expedited partner therapy.

    On unfinished business, coming up in regular order, was reported by the Clerk.

    The question being on the adoption of the resolution, 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.

    Senate Concurrent Resolution No. 62, Requesting Joint Committee on Government and Finance study licensure of sonographers.

    On unfinished business, coming up in regular order, was reported by the Clerk.

    The question being on the adoption of the resolution, 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.

    House Concurrent Resolution No. 49, The "LTC Spencer J. Campbell Memorial Bridge".

    On unfinished business, coming up in regular order, was reported by the Clerk.

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

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

    House Concurrent Resolution No. 75, The "McCellan Highway and Jerry Lee Richards Memorial Highway".

    On unfinished business, coming up in regular order, was reported by the Clerk.

    The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:

    By striking out everything after the Resolved clause and inserting in lieu thereof the following:

    That the Division of Highways name a five mile section of State Route 10, also known as McClellan Highway, from the Logan-Lincoln County line to the Harts Veterans Memorial Bridge in Harts, West Virginia, the “McClellan Highway and Jerry Lee Richards Memorial Highway”; and, be it

    Further Resolved, That the Division of Highways is requested to have made, and be placed, signs identifying the road as the “McClellan Highway and Jerry Lee Richards Memorial Highway” on both the northbound and the southbound lanes of that five mile section of State Route 10; and, be it

    Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the family of Jerry Lee Richards and to the Secretary of the Department of Transportation.;

    And,

    By striking out the title and substituting therefor a new title, to read as follows:

    House Concurrent Resolution No. 75--Requesting the Division of Highways to name a five mile section of State Route 10, also known as McClellan Highway, from the Logan-Lincoln County line to the Harts Veterans Memorial Bridge in Harts, West Virginia, the “McClellan Highway and Jerry Lee Richards Memorial Highway”.

    The question being on the adoption of the resolution, as amended, 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 eighth order of business.

    Eng. Senate Bill No. 677, Expiring funds from DHHR, Medicaid Fraud Control Fund, and making supplementary appropriation to DHHR, Division of Human Services.

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

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Green--1.

    So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 677) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Green--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. 677) 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. 678, Making supplementary appropriations from State Fund, General Revenue, 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, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Green--1.

    So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 678) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Green--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. 678) 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 House Bill No. 4088, Repealing the West Virginia telecommunications tax.

    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, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Green--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 H. B. No. 4088) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Green--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 H. B. No. 4088) takes effect from passage.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

    Eng. House Bill No. 4103, Consolidating of government services and enforcement of laws pertaining to the motor carrier industry.

    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, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Green--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4103) passed.

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

    Eng. House Bill No. 4103--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17A-2B-1, §17A-2B-2 and §17A-2B-3, all relating to consolidating government services and enforcement of laws pertaining to the motor carrier industry; stating legislative findings and purpose; designating the Division of Motor Vehicles as the lead agency to develop a plan for the consolidation; and requiring the division to report its plan and recommendations for consolidation to the Joint Committee on Government and Finance by December 1, 2012.

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

    Eng. House Bill No. 4251, Relating generally to amendments to the uniform commercial code.

    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, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Green--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4251) passed.

    On motion of Senator Palumbo, the following amendment to the title of the bill was reported by the Clerk and adopted:

    Eng. House Bill 4251--A Bill to repeal §46-11-101, §46-11-102, §46-11-103, §46-11-104, §46-11-105, §46-11-106, §46-11-107 and §46-11-108 of the Code of West Virginia, 1931, as amended; to amend and reenact §46-2A-103 of said code; to amend and reenact §46-9-102, §46-9-105, §46-9-307, §46-9-311, §46-9-316, §46-9-317, §46-9-326, §46-9-406, §46-9-408, §46-9-502, §46-9-503, §46-9-507, §46-9-515, §46-9-516, §46-9-518, §46-9-607 and §46-9-625; and to amend said code by adding thereto nine new sections, designated §46-9-801, §46-9-802, §46-9-803, §46-9-804, §46-9-805, §46-9-806, §46-9-807, §46-9-808 and §46-9-809, all relating generally to amendments to the uniform commercial code; amending and adding definitions; amending what constitutes control of electronic chattle paper; providing for effect on filed financing statements of change in governing law; amending priority of security interests created by new debtor; amending effectiveness of terms restricting assignment; improving the system for filing financing statements; providing greater protection for existing secured party having a security interest in after-acquired property upon relocation of debtor; reforming the correction statement process; technical changes; and providing transitional rules regarding perfection of security interests, effectiveness of financing statements, persons entitled to file financing statements and priority of financing statements.

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

    Eng. Com. Sub. for House Bill No. 4338, Raising the maximum value amount of an abandoned motor vehicle.

    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, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Green--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 H. B. No. 4338) 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 House Bill No. 4345, Prohibiting the unauthorized sale of railroad scrap metal.

    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, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Green--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 H. B. No. 4345) passed.

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

    Eng. Com. Sub. for House Bill No. 4345--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-2-17, relating to the sale of company railroad scrap metal; defining terms; requiring written authorization for sale; setting a minimum weight for railroad scrap metal sold; requiring purchaser to attempt to verify ownership; creating certain presumptions and other standards available in civil action; providing that certain presumptions are lost if a company does not follow this section; and allowing an award of costs and attorneys fees in certain circumstances.

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

    Eng. Com. Sub. for House Bill No. 4398, Declaring certain claims against the state and its agencies to be moral obligations of the 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, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Green--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 H. B. No. 4398) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Green--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 H. B. No. 4398) takes effect from passage.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

    Eng. House Bill No. 4523, Relating to the Bureau for Child Support enforcement and reporting employment and income of an independent contractor.

    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, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Green--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4523) passed with its title.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

    Eng. Com. Sub. for House Bill No. 4530, Authorizing the Public Service Commission to consider and issue a financing order to certain regulated electric utilities to permit the recovery of expanded net energy costs.

    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, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Green--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 H. B. No. 4530) passed.

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

    Eng. Com. Sub. for House Bill No. 4530--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-4f, relating to authorizing the Public Service Commission of West Virginia to consider and authorize the recovery of certain expanded net energy costs by certain electric utilities through the issuance of consumer rate relief bonds; providing definitions; providing application process for financing order authorizing the recovery of certain costs; requiring certain information in application for financing order; providing for issuance of financing order and information contained therein; allowing for disposition of consumer rate relief property; providing for term of financing order; providing for subsequent Public Service Commission proceedings and limits on commission authority; providing for duties of certain electric utilities; providing for application of adjustment mechanism and filing of schedules with commission; providing for nonbypassability of consumer rate relief changes; providing for utility default and successors to certain utilities; providing for security interest in consumer rate relief property and transfer and sale of same; providing for limitation on taxation of consumer rate relief charges and exemption thereto; providing that consumer rate relief bonds are not debt of governmental entities or a pledge of taxing power; providing consumer rate relief bonds as legal investment; providing for certain pledge of state; providing for governing law; and providing for severability and non-utility status.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Green--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 H. B. No. 4530) takes effect from passage.

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

    Eng. House Bill No. 4648, Implementing a domestic violence court pilot project.

    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, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Green--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4648) passed.

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

    Eng. House Bill No. 4648--A Bill to amend and reenact §48-27-301 of the Code of West Virginia, 1931, as amended; and to amend and reenact §51-2A-2 of said code, all relating to authorizing the Supreme Court of Appeals to utilize existing judicial officers and resources to establish and implement one domestic violence court pilot project; establishing and clarifying the jurisdiction of the pilot project court; establishing an expiration date for the pilot project and requesting reports to the President of the Senate and Speaker of the House of Delegates prior to the convening of the regular sessions of the legislature in the years 2015 and 2016.

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

    Eng. House Bill No. 4654, Relating to the provision of mailing services by the CPRB to certain retiree organizations.

    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, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Green--1.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4654) passed.

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

    Eng. House Bill No. 4654--A Bill to amend and reenact §5-10D-6 of the Code of West Virginia, 1931, as amended, relating to voluntary deductions by the Consolidated Public Retirement Board from monthly benefits to pay retiree association dues; establishes the date when the increased dues will be deducted and requires prior authorization of the increased deductions by the retirants; adds requirement of board provision of blind mailing services to retiree associations; liability of the board for provision of these services; termination date of July 1, 2022.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Hall, Helmick, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--33.

    The nays were: None.

    Absent: Green--1.

    So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4654) takes effect from passage.

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

    The Senate proceeded to the ninth order of business.

    Eng. Com. Sub. for House Bill No. 4063, Relating to civil service commissions in political subdivisions.

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

    The following amendment to the bill, from the Committee on Government Organization, was reported by the Clerk:

    By striking out everything after the enacting section and inserting in lieu thereof the following:

CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.

ARTICLE 14. CIVIL SERVICE FOR DEPUTY SHERIFFS.

§7-14-3. Civil Service Commission.

    (a) There shall be a civil service commission for deputy sheriffs in each county, and each civil service commission for deputy sheriffs previously created is continued. The commissioners shall, unless sooner removed, continue to serve until their respective terms expire and their successors have been appointed and qualified.

    (b) Each civil service commission for deputy sheriffs consists of the following three members:

    (1) One commissioner appointed by the county bar association;    (2) One commissioner appointed by the county deputy sheriff's association; and

    (3) One commissioner appointed by the county commission.

    (c) The commissioners’ terms are for four years and shall be staggered.

    (d) In the event a commissioner ceases to be a member thereof by virtue of death, final removal, resignation or other cause, a new commissioner shall be appointed to fill the unexpired term within sixty days after said ex-commissioner ceased to be a member of the commission. All appointments to the commission shall be made in a timely manner so as not to create a vacancy for longer than sixty days. If the county bar association or the county deputy sheriff's association fails to make an appointment within sixty days, then the county commission shall make the appointment.

    (e) During their term of appointment, each commissioner must be a resident of this state and a qualified voter of the county where the civil service commission is located. At any one time, only two commissioners may be of the same political party.

    (f) A person is not eligible for appointment or reappointment to the civil service commission if he or she:

    (1) Has been convicted of a felony or any misdemeanor involving moral turpitude under the laws of any jurisdiction;

    (2) Is a relative, as defined in section three, article one, chapter six-b, of:

    (A) A county commissioner of the county from which the appointment is made; or

    (B) The president, chairman or similarly situated executive official of the county deputy sheriff's association or the county bar association, from which the appointment is made;

    (3) Holds any other office, other than the office of notary public, under the United States, this state, or any municipality, county or other political subdivision thereof;

    (4) Serves on any political committee; or

    (5) Takes an active part in the management of any political campaign.

    (g) The commission shall annually elect one of its members as president who serves at the will and pleasure of the commission.

    (h) The county commission shall remove a serving commissioner if:

    (1) He or she is convicted of a felony or any misdemeanor involving moral turpitude under the laws of any jurisdiction;

    (2) He or she is no longer a resident of this state; or

    (3) He or she is no longer a qualified voter of the county in which the commission is located.

    (i) The county commission may remove a serving commissioner for neglect of duty, incompetence, official misconduct or good cause. The reasons for removal of a commissioner shall be stated in writing and made a part of the records of the civil service commission.

    (j) After the county commission has removed a commissioner, the county commission shall, within ten days, file a petition in the office of the clerk of the circuit court of the county where the civil service commission is located, stating:

    (1) The reason for the removal; and

    (2) A request for the circuit court to confirm the county commission’s action.

    (k) A copy of the petition shall be served upon the removed commissioner simultaneously with the filing of the petition in the office of the clerk of the circuit court. The petition has precedence on the docket of the circuit court and shall be heard by the court as soon as practicable.

    (l) The circuit court shall hear and decide the issues presented by the petition. The removed commissioner shall not serve in his or her capacity on the civil service commission until a hearing is had upon the petition, and the circuit court renders a decision in the matter. The county commission or the removed commissioner may appeal the decision of the circuit court to the Supreme Court of Appeals.

    (m) If the county commission fails to file its petition in the office of the clerk of the circuit court within ten days after the removal of the commissioner, then the commissioner immediately resumes his or her position as a member of the civil service commission.

    (n) A resident of the county may file charges against and seek the removal of any commissioner. The charges shall be filed in the form of a petition in the office of the clerk of the circuit court of the county. A copy of the petition shall be served upon the commissioner sought to be removed. The petition shall be heard as a civil action by the circuit court of the county for which the commissioner serves. The party against whom the decision of the circuit court is rendered may appeal the decision to the Supreme Court of Appeals.

ARTICLE 14B. CIVIL SERVICE FOR CORRECTIONAL OFFICERS.

§7-14B-3. Civil Service Commission.

    (a) There shall be a civil service commission for correctional officers in each county with a population of at least twenty-five thousand, and each civil service commission for correctional officers previously created is continued. The commissioners shall, unless sooner removed, continue to serve until their respective terms expire and their successors have been appointed and qualified.

    (b) Each county civil service commission for correctional officers consists of the following five members:

    (1) Two commissioners appointed by the county bar association;    (2) One commissioner appointed by the county correctional officers’ association; and

    (3) Two commissioners appointed by the county commission.

    (c) The commissioners’ terms are for six years and shall be staggered.

    (d) In the event a commissioner ceases to be a member thereof by virtue of death, final removal, resignation or other cause, a new commissioner shall be appointed to fill the unexpired term within sixty days after said ex-commissioner ceased to be a member of the commission. All appointments to the commission shall be made in a timely manner so as not to create a vacancy for longer than sixty days. If the county bar association or the county correctional officers’ association fails to make an appointment within sixty days, then the county commission shall make the appointment.

    (e) During their term of appointment, each commissioner must be a resident of this state and a qualified voter of the county where the civil service commission is located. At any one time, only three commissioners may be of the same political party.

    (f) A person is not eligible for appointment or reappointment to the civil service commission if he or she:

    (1) Has been convicted of a felony or any misdemeanor involving moral turpitude under the laws of any jurisdiction;

    (2) Is a relative, as defined in section three, article one, chapter six-b, of:

    (A) A county commissioner of the county from which the appointment is made; or

    (B) The president, chairman or similarly situated executive official of the county correctional officers’ association or the county bar association, from which the appointment is made;

    (3) Holds any other office, other than the office of notary public, under the United States, this state, or any municipality, county or other political subdivision thereof;

    (4) Serves on any political committee; or

    (5) Takes an active part in the management of any political campaign.

    (g) The civil service commission shall annually elect one of its members as president who serves at the will and pleasure of the commission.

    (h) The county commission shall remove a serving commissioner if:

    (1) He or she is convicted of a felony or any misdemeanor involving moral turpitude under the laws of any jurisdiction;

    (2) He or she is no longer a resident of this state; or

    (3) He or she is no longer a qualified voter of the county in which the commission is located.

    (i) The county commission may remove a serving commissioner for neglect of duty, incompetence, official misconduct or good cause. The reasons for removal of a commissioner shall be stated in writing and made a part of the records of the civil service commission.

    (j) After the county commission has removed a commissioner, the county commission shall, within ten days, file a petition in the office of the clerk of the circuit court of the county where the civil service commission is located, stating:

    (1) The reason for the removal; and

    (2) A request for the circuit court to confirm the county commission’s action.

    (k) A copy of the petition shall be served upon the removed commissioner simultaneously with the filing of the petition in the office of the clerk of the circuit court. The petition has precedence on the docket of the circuit court and shall be heard by the court as soon as practicable.

    (l) The circuit court shall hear and decide the issues presented by the petition, and the circuit court renders a decision in the matter. The removed commissioner shall not serve in his or her capacity on the civil service commission until a hearing is had upon the petition. The county commission or the removed commissioner may appeal the decision of the circuit court to the Supreme Court of Appeals.

    (m) If the county commission fails to file its petition in the office of the clerk of the circuit court within ten days after the removal of the commissioner, then the commissioner immediately resumes his or her position as a member of the civil service commission.

    (n) A resident of the county may file charges against and seek the removal of any commissioner. The charges shall be filed in the form of a petition in the office of the clerk of the circuit court of the county. A copy of the petition shall be served upon the commissioner sought to be removed. The petition shall be heard as a civil action by the circuit court of the county for which the commissioner serves. The party against whom the decision of the circuit court is rendered may appeal the decision to the Supreme Court of Appeals.

CHAPTER 8. MUNICIPAL CORPORATIONS.

ARTICLE 14. LAW AND ORDER; POLICE FORCE OR DEPARTMENTS; POWERS, AUTHORITY AND DUTIES OF LAW-ENFORCEMENT OFFICIALS AND POLICEMEN; POLICE MATRONS; SPECIAL SCHOOL ZONE AND PARKING LOT OR PARKING BUILDING POLICE OFFICERS; CIVIL SERVICE FOR CERTAIN POLICE DEPARTMENTS.

§8-14-7. Policemen's Civil Service Commission generally.

    (a) There shall be a policemen's civil service commission in each Class I and Class II municipality having a paid police department and each policemen's civil service commission previously created is continued. The commissioners shall, unless sooner removed, continue to serve until their respective terms expire and their successors have been appointed and qualified.

    (b) Each policeman’s civil service commission consists of the following three members:

    (1) One commissioner appointed by the mayor of the municipality;

    (2) One commissioner appointed by the local fraternal order of police; and

    (3) One commissioner appointed by the local chamber of commerce, if there is one, or a local businessmen’s association.

    (c) The commissioners’ terms are for four years and shall be staggered.

    (d) In the event a commissioner ceases to be a member thereof by virtue of death, final removal, resignation or other cause, a new commissioner shall be appointed to fill the unexpired term within sixty days after said ex-commissioner ceased to be a member of the commission. All appointments to the commission shall be made in a timely manner so as not to create a vacancy for longer than sixty days. If there is no local chamber of commerce or local businessmen’s association, or the local chamber of commerce or local businessmen’s association fails to make an appointment within sixty days, then the other two commissioners shall make the appointment by mutual agreement.

    (e) During their term of appointment, each commissioner must be a resident of this state and a qualified voter of the municipality where the civil service commission is located. At any one time, only two commissioners may be of the same political party.

    (f) A person is not eligible for appointment or reappointment to the civil service commission if he or she:

    (1) Has been convicted of a felony or any misdemeanor involving moral turpitude under the laws of any jurisdiction;

    (2) Is a relative, as defined in section three, article one, chapter six-b, of:

    (A) The mayor of the municipality from which the appointment is made; or

    (B) The president, chairman or similarly situated executive official of the local fraternal order of police, the local chamber of commerce or local businessmen’s association, from which the appointment is made;

    (3) Holds any other office, other than the office of notary public, under the United States, this state, or any municipality, county or other political subdivision thereof;

    (4) Serves on any political committee; or

    (5) Takes an active part in the management of any political campaign.

    (g) The commission shall annually elect one of its members as president who serves at the will and pleasure of the commission.

    (h) The mayor of the municipality shall remove a serving commissioner if:

    (1) He or she is convicted of a felony or any misdemeanor involving moral turpitude under the laws of any jurisdiction;

    (2) He or she is no longer resident of this state; or

    (3) He or she is no longer a qualified voter of the city in which the commission is located.

    (i) The mayor of the municipality may remove a serving commissioner for neglect of duty, incompetence, official misconduct or good cause. The reasons for removal of a commissioner shall be stated in writing and made a part of the records of the civil service commission.

    (j) After the mayor has removed a commissioner, the mayor shall, within ten days, file a petition in the office of the clerk of the circuit court of the county in which the municipality or a major portion of the municipality where the civil service commission is located, stating:

    (1) The reason for the removal; and

    (2) A request for the circuit court to confirm the mayor’s action.

    (k) A copy of the petition shall be served upon the removed commissioner simultaneously with the filing of the petition in the office of the clerk of the circuit court. The petition has precedence on the docket of the circuit court and shall be heard by the court as soon as practicable.

    (l) The circuit court shall hear and decide the issues presented by the petition. The removed commissioner shall not serve in his or her capacity on the civil service commission until a hearing is had upon the petition, and the circuit court renders a decision in the matter. The mayor or the removed commissioner may appeal the decision of the circuit court to the Supreme Court of Appeals.

    (m) If the mayor fails to file his or her petition in the office of the clerk of the circuit court within ten days after the removal of the commissioner, then the commissioner immediately resumes his or her position as a member of the civil service commission.

    (n) A resident of the municipality may file charges against and seek the removal of any commissioner. The charges shall be filed in the form of a petition in the office of the clerk of the circuit court of the county in which the municipality or a major portion of the municipality is located. A copy of the petition shall be served upon the commissioner sought to be removed. The petition shall be heard as a civil action by the circuit court of the county for which the commissioner serves. The party against whom the decision of the circuit court is rendered may appeal the decision to the Supreme Court of Appeals.

ARTICLE 15. FIRE FIGHTING; FIRE COMPANIES AND DEPARTMENTS; CIVIL SERVICE FOR PAID FIRE DEPARTMENTS.

§8-15-12. Firemen’s Civil Service Commission generally.

    (a) There shall be a firemen’s civil service commission in each municipality having a paid fire department, and each firemen’s civil service commission previously created is continued. The commissioners shall, unless sooner removed, continue to serve until their respective terms expire and their successors have been appointed and qualified.

    (b) Each firemen’s civil service commission consists of the following three members:

    (1) One commissioner appointed by the mayor of the municipality;

    (2) One commissioner appointed by the local international association of firefighters, if there is one, or by the local central body of the West Virginia Federation of Labor AFL-CIO, if there is one, or by the West Virginia Federation of Labor AFL-CIO; and

    (3) One commissioner appointed by the local chamber of commerce, if there is one, or a local businessmen’s association.

    (c) The commissioners’ terms are for four years and shall be staggered.

    (d) In the event a commissioner ceases to be a member thereof by virtue of death, final removal, resignation or other cause, a new commissioner shall be appointed to fill the unexpired term within sixty days after said ex-commissioner ceased to be a member of the commission. All appointments to the commission shall be made in a timely manner so as not to create a vacancy for longer than sixty days. If there is no local chamber of commerce or local businessmen’s association, or the local chamber of commerce or local businessmen’s association fails to make an appointment within sixty days, then the other two commissioners shall make the appointment by mutual agreement.

    (e) During their term of appointment, each commissioner must be a resident of this state and a qualified voter of the municipality where the civil service commission is located. At any one time, only two commissioners may be of the same political party.

    (f) A person is not eligible for appointment or reappointment to the civil service commission if he or she:

    (1) Has been convicted of a felony or any misdemeanor involving moral turpitude under the laws of any jurisdiction;

    (2) Is a relative, as defined in section three, article one, chapter six-b, of:

    (A) The mayor of the municipality from which the appointment is made; or

    (B) The president, chairman or similarly situated executive official of the local chamber of commerce or local businessmen’s association, the local international association of firefighters, the local central body of the West Virginia Federation of Labor AFL-CIO, or the West Virginia Federation of Labor AFL-CIO , from which the appointment is made;

    (3) Holds any other office, other than the office of notary public, under the United States, this state, or any municipality, county or other political subdivision thereof;

    (4) Serves on any political committee; or

    (5) Takes an active part in the management of any political campaign.

    (g) The commission shall annually elect one of its members as president who serves at the will and pleasure of the commission.

    (h) The mayor of the municipality shall remove a serving commissioner if:

    (1) He or she is convicted of a felony or any misdemeanor involving moral turpitude under the laws of any jurisdiction;

    (2) He or she is no longer resident of this state; or

    (3) He or she is no longer a qualified voter of the municipality in which the commission is located.

    (i) The mayor of the municipality may remove a serving commissioner for neglect of duty, incompetence, official misconduct or good cause. The reasons for removal of a commissioner shall be stated in writing and made a part of the records of the civil service commission.

    (j) After the mayor has removed a commissioner, the mayor shall, within ten days, file a petition in the office of the clerk of the circuit court of the county in which the municipality or a major portion of the municipality where the civil service commission is located, stating:

    (1) The reason for the removal; and

    (2) A request for the circuit court to confirm the mayor’s action.

    (k) A copy of the petition shall be served upon the removed commissioner simultaneously with the filing of the petition in the office of the clerk of the circuit court. The petition has precedence on the docket of the circuit court and shall be heard by the court as soon as practicable.

    (l) The circuit court shall hear and decide the issues presented by the petition. The removed commissioner shall not serve in his or her capacity on the civil service commission until a hearing is had upon the petition, and the circuit court renders a decision in the matter. The mayor or the removed commissioner may appeal the decision of the circuit court to the Supreme Court of Appeals.

    (m) If the mayor fails to file his or her petition in the office of the clerk of the circuit court within ten days after the removal of the commissioner, then the commissioner immediately resumes his or her position as a member of the civil service commission.

    (n) A resident of the municipality may file charges against and seek the removal of any commissioner. The charges shall be filed in the form of a petition in the office of the clerk of the circuit court of the county in which the municipality or a major portion of the municipality is located. A copy of the petition shall be served upon the commissioner sought to be removed. The petition shall be heard as a civil action by the circuit court of the county for which the commissioner serves. The party against whom the decision of the circuit court is rendered may appeal the decision to the Supreme Court of Appeals.

    The following amendments to the Government Organization committee amendment to the bill (Eng. Com. Sub. for H. B. No. 4063), from the Committee on the Judiciary, were next reported by the Clerk, considered simultaneously, and adopted:

    On page two, section three, subsection (e), by striking out the following: At any one time, only two commissioners may be of same political party.;

    On page six, section three, subsection (e), by striking out the following: At any one time, only three commissioners may be of same political party.;

    On page ten, section seven, subsection (e), by striking out the following: At any one time, only two commissioners may be of same political party.;

    And,

    On page fifteen, section twelve, subsection (e), by striking out the following: At any one time, only two commissioners may be of same political party.

    The question now being on the adoption of the Government Organization committee amendment to the bill, as amended, the same was put and prevailed.

    The bill (Eng. Com. Sub. for H. B. No. 4063), as amended, was then ordered to third reading.

    Eng. Com. Sub. for House Bill No. 4130, Creating the felony criminal offense of sale or purchase of a child.

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

    Eng. Com. Sub. for House Bill No. 4260, Relating to insurance coverage for autism spectrum disorders.

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

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

    Eng. Com. Sub. for House Bill No. 4307, Clarifying that the practice and procedure for domestic violence civil proceedings are governed by court rule.

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

    Eng. Com. Sub. for House Bill No. 4332, Relating to transfer of service credit from Public Employees Retirement System to Emergency Medical Services Retirement System.

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

    Eng. Com. Sub. for House Bill No. 4376, Licensing wine sales at certain professional baseball stadiums.

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

    Eng. House Bill No. 4403, Changing the filing deadline for certified write-in candidates.

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

    Eng. Com. Sub. for House Bill No. 4433, Modifying the criteria for awarding high school diplomas to certain veterans.

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

    At the request of Senator Wells, as chair of the Committee on Military, and by unanimous consent, the unreported Military committee amendment to the bill was withdrawn.

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

    By striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 2. STATE BOARD OF EDUCATION.

§18-2-34. High school diplomas for surviving veterans of World War II, the Korean War, and the Vietnam Conflict.

    (a) Notwithstanding any provision of this code to the contrary, the state board shall provide for the awarding of a high school diplomas either by the county board in the county in which the veteran resides or the county in which the veteran would have received his or her diploma, whichever location the veteran chooses diploma to any surviving World War I, veteran of World War II, the Korean Conflict or War, or the Vietnam Conflict, veteran who:

    (1) Left school prior to graduation and served in the Armed Forces of the United States; Provided, That a veteran of the Korean Conflict or the Vietnam Conflict must have been attending high school at the time he or she left prior to graduating and served in the Armed Forces of the United States;

    (2) Did not receive a high school diploma;

    (3) Was discharged from the armed services forces under honorable conditions; and

    (4) Completes the application process as provided by the joint rules of the state board and the veterans’ council.

    (b) The state board and the veterans’ council, created in article one, chapter nine-a of this code, shall jointly propose rules for the identification of eligible veterans and for the awarding of high school diplomas. The rules shall provide for an application process and the credentials required to receive the a high school diplomas diploma.

    (c) A diploma shall be awarded by the county board in the county in which the veteran resides or in the county in which the veteran would have received his or her diploma, whichever location the veteran chooses.

    (c) (d) For purposes of this section:

    (1) "World War I veteran" means any veteran who:

    (A) Performed wartime service between April 6, 1917, and November 11, 1918; or

    (B) Has been awarded the World War I Victory Medal;

    (2) "World War II veteran" means any veteran who performed wartime service between September 16, 1940, and December 31, 1946;

    (3) (2) "Korean Conflict War veteran" means any veteran who performed military service between June 27, 1950, and January 31, 1955; and

    (4) (3) "Vietnam Conflict veteran" means any veteran who performed military service between February 28, 1961, and May 7, 1975.

    The bill (Eng. Com. Sub. for H. B. No. 4433), as amended, was then ordered to third reading.

    Eng. Com. Sub. for House Bill No. 4489, Strengthening authority of the West Virginia Municipal Pensions Oversight Board.

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

    On motion of Senator Foster, the following amendment to the bill was reported by the Clerk and adopted:

    On page seventeen, section twenty-five, line fifty-four, by striking out the words “prior to” and inserting in lieu thereof the words “on or after”.

    The bill (Eng. Com. Sub. for H. B. No. 4489), as amended, was then ordered to third reading.

    Eng. House Bill No. 4567, Permitting the Harrison county commission to levy a special district tax.

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

    The Senate proceeded to the tenth order of business.

    The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:

    Com. Sub. for Senate Bill No. 160, Budget Bill.

    Eng. House Bill No. 4007, Relating to unemployment benefits for certain spouses of military personnel.

    Eng. Com. Sub. for House Bill No. 4053, Relating to abduction, kidnapping and human trafficking.

    Eng. Com. Sub. for House Bill No. 4070, Changing the basis for paying the county salary supplement equivalent pay rate for division of rehabilitation teachers.

    Eng. Com. Sub. for House Bill No. 4077, Relating to activities that may be performed by a dental hygienist without a prior exam by a dentist.

    Eng. Com. Sub. for House Bill No. 4101, Authorizing teacher-in-residence programs for certain prospective teachers in lieu of student teaching.

    Eng. Com. Sub. for House Bill No. 4139, Authorizing miscellaneous agencies and boards to promulgate legislative rules.

    Eng. Com. Sub. for House Bill No. 4142, Authorizing the Department of Administration to promulgate legislative rules.

    Eng. Com. Sub. for House Bill No. 4257, Providing late voter registration opportunities to individuals covered by the Uniformed and Overseas Citizens Act of 1986.

    Eng. House Bill No. 4274, Expanding the authority of the Commissioner of Banking over regulated consumer lender licensees, and providing a penalty for violations.

    Eng. Com. Sub. for House Bill No. 4279, Permitting municipalities to stagger the terms of elected officers.

    Eng. Com. Sub. for House Bill No. 4281, Increasing the supplemental pay of members of the West Virginia State Police.

    Eng. House Bill No. 4315, Permitting a new class IV town or village to select a form of government.

    Eng. Com. Sub. for House Bill No. 4327, Requiring pulse oximetry testing for newborns.

    Eng. Com. Sub. for House Bill No. 4390, Uniform Power of Attorney Act.

    Eng. Com. Sub. for House Bill No. 4424, Relating to modified mental hygiene procedures.

    Eng. Com. Sub. for House Bill No. 4438, Provider Sponsored Network Act.

    Eng. House Bill No. 4522, Providing additional contempt powers for family court judges.

    Eng. House Bill No. 4626, Increasing state police principal supervisors to nineteen.

    And,

    Eng. House Bill No. 4655, Relating to school service personnel certification.

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate recessed until 5 p.m. today.

    Upon expiration of the recess, the Senate reconvened and, without objection, returned to the third order of business.

Executive Communications

    Senator Kessler (Mr. President) laid before the Senate the following proclamation from His Excellency, the Governor, extending this current legislative session until and including the thirteenth day of March, two thousand twelve, which was received and read by the Clerk:

STATE OF WEST VIRGINIA

EXECUTIVE DEPARTMENT

Charleston

A P R O C L A M A T I O N

By the Governor

    WHEREAS, The Constitution of West Virginia delineates the respective powers, duties and responsibilities of the three separate branches of government; and

    WHEREAS, Article VI, Section 22 of the Constitution of West Virginia provides that this regular session of the Legislature not exceed sixty calendar days computed from and including the second Wednesday of January; and

    WHEREAS, Pursuant to Article VI, Section 22 of the Constitution of West Virginia, the 2012 regular session of the Legislature concludes on March 10, 2012; and

    WHEREAS, Article VI, Section 51 of the Constitution of West Virginia sets forth the legal authority of the Governor and the Legislature relating to the preparation and enactment of the Budget Bill; and

    WHEREAS, Subsection D of said section requires the Governor to issue a proclamation to extend the regular session of the Legislature if the Budget Bill shall not have been finally acted upon by the Legislature three days before the expiration of its regular session;

    WHEREAS, The Legislature has not finally acted upon the Budget Bill three days before the expiration of this current regular session of the Legislature.

    NOW, THEREFORE, I, EARL RAY TOMBLIN, by virtue of the authority vested in me as the Governor of the State of West Virginia, do hereby issue the following proclamation, in accordance with Article VI, Section 51, Subsection D(8) of the Constitution of West Virginia, extending this regular session of the State Legislature for consideration of the Budget Bill for a period not to exceed three days beyond the conclusion of this regular session, including any extension thereof, under the provisions of Article VI, Section 22 of the Constitution of West Virginia; but no matters other than the Budget Bill and a provision for the cost of said extended session shall be considered during this extension of the session.

    IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of West Virginia to be affixed.

DONE at the Capitol in the City of Charleston, State of West Virginia, on this the seventh day of March, in the year of our Lord, Two Thousand Twelve, and in the One Hundred Forty-Ninth year of the State.

  EARL RAY TOMBLIN,

    Governor.

By the Governor:

 NATALIE E. TENNANT,

    Secretary of State.

    Senator Kessler (Mr. President) laid before the Senate the following communication from His Excellency, the Governor, submitting the annual probation and parole report, which was received:

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 7, 2012

Senate Executive Message No. 3

The Honorable Jeffrey V. Kessler

President, West Virginia Senate

State Capitol

Charleston, West Virginia

Dear Mr. President:

    In accordance with the provisions of Section 11, Article 7 of the Constitution of the State of West Virginia, and Section 16, Article 1, Chapter 5 of the Code of West Virginia, I hereby report that I granted no pardons or reprieves, nor commuted punishment to any person, nor remitted any fines or penalties, during the period of March 9, 2011, through March 7, 2012.

                             Very truly yours,

                               Earl Ray Tomblin,

                                 Governor.

    Senator Kessler (Mr. President) then laid before the Senate the following communication from His Excellency, the Governor, regarding annual reports, which communication was received:

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 7, 2012

Senate Executive Message No. 4

The Honorable Jeffrey V. Kessler

President, West Virginia Senate

State Capitol

Charleston, West Virginia

Dear President Kessler:

    Pursuant to the provisions of section twenty, article one, chapter five of the Code of West Virginia, I hereby certify that the following 2010-2011 annual reports have been received in the Office of the Governor:

    Accountancy, West Virginia Board of

    Affordable Housing Trust Fund, West Virginia

    Alcohol Beverage Control Administration, West Virginia Department of Revenue 

    Architects, West Virginia Board of

    Banking, Division of, West Virginia Department of Revenue

    Barbers and Cosmetologists, West Virginia Board of

    Chiropractic, West Virginia Board of

    Coal Mine Health and Safety, West Virginia Board of

    Commercial Motor Vehicle Weight and Safety Enforcement Advisory Committee, West Virginia Public Service Commission

    Consumer Advocate, Office of the, Offices of the Insurance Commissioner, West Virginia Department of Revenue

    Corrections, Division of, West Virginia Department of Military Affairs and Public Safety

    Counseling, West Virginia Board of

    Court of Claims, West Virginia

    Court System, West Virginia Supreme Court of Appeals

    Crime, Delinquency and Correction, Governor’s Committee on, Law Enforcement Training Subcommittee, Division of Criminal Justice Services, West Virginia Department of Military Affairs and Public Safety

    Death, Disability and Retirement Fund (Plan A) and State Police Retirement System (Plan B), Consolidated Public Retirement Board, West Virginia Department of Administration

    Economic Development Authority, West Virginia

    Energy, Division of, West Virginia Department of Commerce

    Environmental Protection, West Virginia Department of

    Equal Employment Opportunity, West Virginia Office of

    Family Protection Services Board, West Virginia Department of Health and Human Resources

    Farmland Protection Conservation Easements, West Virginia Agricultural Land Protection Authority

    Fire Marshal, State Fire Commission, West Virginia Department of Military Affairs and Public Safety

    Foresters, West Virginia State Board of Registration for

    Groundwater and Groundwater Management Program, Division of Water and Waste Management, West Virginia Department of Environmental Protection (Biennial Report)

    Insurance Commissioner, Offices of the, West Virginia Department of Revenue

    Interstate Commission for Juveniles, West Virginia Supreme Court of Appeals

    Juvenile Services, Division of, West Virginia Department of Military Affairs and Public Safety

    Long Term Care, Office of Health Facility Licensure and Certification, West Virginia Department of Health and Human Resources

    Medical Imaging and Radiation Therapy Technology, West Virginia Board of

    Medicine, West Virginia Board of, Volumes I and II

    Municipal Bond Commission, West Virginia

    National and Community Service, West Virginia Commission for (Volunteer West Virginia)

    Natural Resources, Division of, West Virginia Department of Commerce

    Neighborhood Investment Program, Development Office, West Virginia Department of Commerce

    Nursing Home Administrators Licensing Board, West Virginia

    Outdoor Heritage Conservation Fund, Division of Natural Resources, West Virginia Department of Commerce

    Parkways, Economic Development and Tourism Authority, West Virginia Department of Transportation

    Parole Board, West Virginia Department of Military Affairs and Public Safety

    Personnel, Division of, West Virginia Department of Administration

    Pharmacy, West Virginia Board of

    Planning and Development Council, Region VII

    Privacy Office, State, West Virginia Health Care Authority

    Professional Engineers of West Virginia, State Board of Registration for

    Public Defender Services, West Virginia Department of Administration

    Public Employees Grievance Board, West Virginia Department of Administration

    Real Estate Commission, West Virginia

    Registered Professional Nurses, West Virginia Board of Examiners for

    Rehabilitation Services, Division of, West Virginia Department of Education and the Arts

    Risk and Insurance Management, Board of, West Virginia Department of Administration

    Ron Yost Personal Assistance Services Board, Statewide Independent Living Council, Division of Rehabilitation Services, West Virginia Department of Education and the Arts

    Sanitarians, West Virginia Board of

    Senior Services, West Virginia Bureau of

    Social Work Examiners, West Virginia Board of

    Speech-Language Pathology and Audiology, West Virginia Board of Examiners for

    State Police, West Virginia

    Tourism, Division of, West Virginia Department of Commerce

    Transportation Coordinating Council, Division of Public Transit, West Virginia Department of Transportation

    Veterans Assistance, West Virginia Department of

    Veterinary Medicine, West Virginia Board of

    Water Development Authority, West Virginia

                             Very truly yours,

                               Earl Ray Tomblin,

                                 Governor.

    Senator Kessler (Mr. President) next laid before the Senate the following communication from His Excellency, the Governor:

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 7, 2012

Senate Executive Message No. 5

TO: The Honorable Members of the

    West Virginia Senate

Ladies and Gentlemen:

    I respectfully request that the following correction be made from Senate Executive Message No. 2 dated February 28, 2012:

    21. For Member, National Coal Heritage Area Authority, Woody Duba, Oak Hill, Fayette County, for the term ending June 30, 2014.

    Thank you for correcting your records.

                             Sincerely,

                               Earl Ray Tomblin,

                                 Governor.

    Which communication was received and referred to the Committee on Confirmations.

    The Senate again proceeded to the fourth order of business.

    Senator Laird, from the Committee on Natural Resources, submitted the following report, which was received:

    Your Committee on Natural Resources has had under consideration

    Senate Concurrent Resolution No. 64, Requesting Joint Committee on Government and Finance study Natural Resources Police.

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

                             Respectfully submitted,

                               William R. Laird IV,

                                 Chair.

    The resolution, under the original double committee reference, was then referred to the Committee on Rules.

    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 Concurrent Resolution No. 84 (originating in the Committee on the Judiciary)--Requesting the Joint Committee on Government and Finance to study the need for, potential effect of and constitutional concerns associated with the adoption of legislation that is colloquially known as the Religious Freedom Restoration Act.

    Whereas, The Legislature finds that freedom of religion is a fundamental right contained in both the Bill of Rights and the West Virginia Constitution; and

    Whereas, The Legislature finds that creating legislation that attempts to direct a court on how to interpret the United States or West Virginia Constitutions can have unintended consequences; and

    Whereas, The Legislature finds that the legislation introduced in the 2012 legislative session entitled the religious freedom restoration act brought rise to constitutional concerns, as well as financial and other concerns; and

    Whereas, The Legislature finds that other states have enacted similar legislation since 1990, but the Legislature does not have the benefit of hearing the effects of that legislation; and

    Whereas, The Legislature finds that studying the effects of similar legislation in other states will help determine the most appropriate course to take for West Virginia; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study the need for, potential effect of and constitutional concerns associated with the adoption of legislation that is colloquially known as the Religious Freedom Restoration Act; and, be it

    Further Resolved, That the study include an assessment of the potential financial impact of the legislation, the resulting litigation that occurred in other states following similar legislation and whether any need exists for such legislation; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, on its findings, conclusions and recommendations together with drafts of any legislation necessary to effectuate its recommendations; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

    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,

                               Corey Palumbo,

                                 Chair.

    On motion of Senator Palumbo, the resolution (S. C. R. No. 84) contained in the foregoing report from the Committee on the Judiciary was referred to the Committee on Rules.

    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 Concurrent Resolution No. 85 (originating in the Committee on the Judiciary)--Requesting the Joint Committee on Government and Finance to study the need for a mandatory child support data matching program that will improve the enforcement of child support by tracking and matching certain insurance settlements and awards with persons who owe child support arrearages.

    Whereas, The West Virginia Department of Health and Human Services Bureau for Child Support Enforcement is charged under state and federal laws, rules and regulations to diligently enforce child support and related spousal support orders issued by courts in this state and to ascertain all available medical insurance coverage for children under its jurisdiction; and

    Whereas, There currently exist several data matching programs that offer an expeditious method of matching data provided by insurance companies with data provided by the Bureau for Child Support Enforcement and determining whether insurance settlement proceeds are available to pay outstanding child support or spousal support obligations or whether medical insurance coverage is available to children in this state; and

    Whereas, There are at least two programs nationwide that offer such data matching services, namely the Child Support Enforcement Case Registry Insurance Match Program and the Child Support Lien Network operated by the State of Rhode Island; and

    Whereas, The West Virginia Department of Health and Human Resources has its own state-wide program that provides similar data matching services that are used to intercept lump sum payments and recover child or spousal support obligations; and

    Whereas, Insurance companies can voluntarily access and use any of the data matching programs, but not all of the insurance companies doing business in West Virginia have done so; and

    Whereas, It is in the best interests of the children of West Virginia if insurance companies operating in this state coordinated with the Bureau for Child Support Enforcement and utilized all available technology in order to identify obligors who owe child or spousal support arrearages, who are subject to liens for child or spousal support arrearages or who are obligated for medical or health insurance coverage for a child; and

    Whereas, The interests, safety and welfare of the children in West Virginia should be balanced with economic and regulatory considerations to ensure that participation in the data matching programs is not overly burdensome or costly to the State of West Virginia, insurance companies and other parties with an interest in this matter; and

    Whereas, In order to determine whether participation in the various data matching programs should be mandatory in this state and whether the benefits would outweigh any perceived burden, a specific group of stakeholders must participate in a study of the relevant issues and related costs; study and review programs in other states; determine whether the existing data matching programs would address the needs, health and safety concerns for the children in this state; determine whether participation in the data matching programs would improve the efforts of the Bureau for Child Support Enforcement in collecting and enforcing child support for the children in this state; review the possibility of developing a mandatory program in West Virginia, if needed; and as an alternative, study the feasibility of strengthening the regulatory and oversight powers of existing programs that could accomplish the same goals; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Joint Committee on Government and Finance to study the need for a mandatory child support data matching program that will improve the enforcement of child support by tracking and matching certain insurance settlements and awards with persons who owe child support arrearages; and, be it

    Further Resolved, That the Joint Committee on Government and Finance be requested to: study existing data matching programs throughout the country and determine the efficiency of each program in improving the enforcement of child support obligations; study and evaluate the need for a mandatory data matching program in West Virginia; study and determine the practicality, cost and feasibility of establishing a mandatory data matching program in this state; study whether there are alternative means of improving the enforcement of child support obligations; and require participation in the study from the Department of Health and Human Services Bureau for Child Support Enforcement, the West Virginia Office of the Insurance Commissioner, representatives of the insurance industry and other interested stakeholders; and, be it

    Further Resolved, that the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, 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 the study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    On motion of Senator Palumbo, the resolution (S. C. R. No. 85) contained in the foregoing report from the Committee on the Judiciary was referred to the Committee on Rules.

    Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:

    Your Committee on Government Organization has had under consideration

    Eng. Com. Sub. for House Bill No. 2278, Authorizing the use of additional medium for use in archiving government records.

    And has amended same.

    Eng. Com. Sub. for House Bill No. 4006, Relating to elevator workers' licensure exemptions.

    And has amended same.

    And,

    Eng. Com. Sub. for House Bill No. 4422, Relating to crane operator certification.

    And has amended same.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    At the request of Senator Snyder, unanimous consent being granted, Engrossed Committee Substitute for House Bill Nos. 4006 and 4422 contained in the preceding report from the Committee on Government Organization were each taken up for immediate consideration, read a first time and ordered to second reading.

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

    Your Committee on the Judiciary has had under consideration

    Eng. Com. Sub. for House Bill No. 2740, Making covenants that restrict the installation or use of solar energy systems unenforceable.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2740) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:

    Your Committee on Government Organization has had under consideration

    Eng. Com. Sub. for House Bill No. 4012, Removing the Commissioner of the Bureau for Public Health from certain boards.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

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

    Your Committee on Finance has had under consideration

    Eng. Com. Sub. for House Bill No. 4015, Creating the Herbert Henderson Office of Minority Affairs.

    With an amendment from the Committee on Government Organization pending;

    And has also amended same.

    Now on second reading, having been read a first time and referred to the Committee on Finance on March 6, 2012;

    And reports the same back with the recommendation that it do pass as last amended by the Committee on Finance.

                             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

    Eng. Com. Sub. for House Bill No. 4118, Including the surviving spouse and a designated individual previously chosen by the deceased as a person who may designate the manner of disposition of a deceased person's body.

    And has amended same.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 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

    Eng. Com. Sub. for House Bill No. 4256, Relating to captive insurance.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4256) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

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

    Your Committee on the Judiciary has had under consideration

    Eng. Com. Sub. for House Bill No. 4310, Prohibiting sex offenders from living or working within one thousand feet of the outer perimeter of a school, child care facility, playground or a victim's home.

    And has amended same.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 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

    Eng. House Bill No. 4314, Relating to the appointment of magistrates.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    Senator Laird, from the Committee on Natural Resources, submitted the following report, which was received:

    Your Committee on Natural Resources has had under consideration

    Eng. House Bill No. 4328, Removing bobcats from the list of species requiring a field tag.

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

                             Respectfully submitted,

                               William R. Laird IV,

                                 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

    Eng. Com. Sub. for House Bill No. 4396, West Virginia Fire, EMS and Law-Enforcement Officer Survivor Benefit Act. 

    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,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4396) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on the Judiciary pending.

    Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:

    Your Committee on Government Organization has had under consideration

    Eng. Com. Sub. for House Bill No. 4451, Ensuring that county executive committees have control of designating the persons who serve as ballot commissioner.

    And has amended same.

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

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

    Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:

    Your Committee on Government Organization has had under consideration

    Eng. Com. Sub. for House Bill No. 4504, Relating to development and operation of a nursing home on the grounds of a nonprofit community health care organization.

    Now on second reading, having been read a first time and referred to the Committee on Government Organization on March 2, 2012;

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

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

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

    Your Committee on Finance has had under consideration

    Eng. Com. Sub. for House Bill No. 4511, Creating the Shale Research, Education, Policy and Economic Development Center at West Virginia University.

    And has amended same.

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

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

    Your Committee on the Judiciary has had under consideration

    Eng. House Bill No. 4521, Permitting the restructuring of child support payments of an inmate who is released under certain circumstances.

    And has amended same.

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

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    At the request of Senator Palumbo, unanimous consent being granted, the bill (Eng. H. B. No. 4521) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.

    Senator Yost, from the Committee on Labor, submitted the following report, which was received:

    Your Committee on Labor has had under consideration

    Eng. House Bill No. 4549, Imposing a monetary penalty on unemployment compensation recipients for obtaining benefits through the use of fraudulent statements.

    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,

                               Jack Yost,

                                 Chair.

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

    At the request of Senator Yost, and by unanimous consent, the bill (Eng. H. B. No. 4549) was taken up for immediate consideration, read a first time and ordered to second reading.

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

    Your Committee on Finance has had under consideration

    Eng. House Bill No. 4652, Making a supplementary appropriation to various agencies.

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

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    On motion of Senator Unger, a leave of absence for the day was granted Senator Green.

    Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Thursday, March 8, 2012, at 11 a.m.

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