WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-SECOND LEGISLATURE
REGULAR SESSION, 2016
FORTY-SEVENTH DAY
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Charleston, W. Va., Sunday, February 28, 2016
The Senate met at 5 p.m.
(Senator Cole, Mr. President, in the Chair.)
Prayer was offered by the Honorable Charles S. Trump IV, a senator from the fifteenth district.
The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Chris Walters, a senator from the eighth district.
Pending the reading of the Journal of Saturday, February 27, 2016,
At the request of Senator Ferns, and by unanimous consent, the further reading of the Journal was dispensed with.
On motion of Senator Ferns, the Journal was corrected on page twelve, in the report from the Committee on Health and Human Resources, as to
Eng. Com. Sub. for House Bill 4209, Relating generally to health care provider taxes.
The words “And reports the same back without recommendation as to passage; but under the original double committee reference first be referred to the Committee on Finance.” were stricken and a corrected recommendation was inserted to read as follows: “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.”
Thereafter, at the request of Senator Ferns, unanimous consent being granted, the Journal, as corrected, was approved.
At the request of Senator Carmichael, and by unanimous consent, the provisions of rule number fifty-four of the Rules of the Senate, relating to persons entitled to the privileges of the floor, were suspended in order to grant Chase Mullins, son of the Honorable Jeff Mullins, a senator from the ninth district, privileges of the floor for the day.
The Senate proceeded to the fourth order of business
Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill 454 (originating in the Committee on the Judiciary) Requiring prescriptions for opioid antagonists be logged into Controlled Substances Monitoring Program.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill 454 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §16-1-4 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §16-5Y-1, §16-5Y-2, §16-5Y-3, §16-5Y-4, §16-5Y-5, §16-5Y-6, §16-5Y-7, §16-5Y-8, §16-5Y-9, §16-5Y-10, §16-5Y-11, §16-5Y-12 and §16-5Y-13; and to amend and reenact §60A-9-4, §60A-9-5, §60A-9-5a, §60A-9-7 and §60A-9-8 of said code, all relating to licensing and regulation of medication-assisted treatment programs for substance use disorders; repealing regulation of opioid treatment programs; setting out purpose; providing definitions; creating licenses for opioid treatment programs; creating categories of licenses; setting out licensing requirements; providing for registration of office-based medication-assisted programs; providing for application, fees and inspections of office-based medication-assisted programs; setting operational requirements for medication-assisted treatment programs; providing for a program sponsor and medical director; setting forth staffing requirements; providing for regulation and oversight by Office of Health Facility Licensure and Certification; designating necessity for a medical director and prescribing minimum training and performance requirements; allowing enrollment as a Medicaid provider; providing billing requirements; setting forth minimum certification requirements; mandating state and federal criminal background checks; designating who may prescribe and dispense medication-assisted treatment medications; setting certain minimum practice standards and patient treatment standards for any medication-assisted treatment program prescribing or dispensing medication-assisted treatment medications; requiring review of the Controlled Substances Monitoring Database for each patient at least quarterly; setting compliance requirements for a medication-assisted treatment program; providing for patient protocols, treatment plans and profiles; allowing liquid methadone to be prescribed and dispensed only as allowed by legislative rule; setting notification requirements of operation changes; restricting location of medication-assisted treatment programs; allowing for waivers and variances from certification or licensure standards; permitting inspection warrants; providing for an administrative review and appeal process; allowing civil monetary penalties; designating license limitations for deviation for accepted practice or patient treatment standards; permitting the secretary to promulgate rules, including emergency rules; providing advertisement requirements; creating a moratorium on new opioid treatment programs; establishing state authority and state oversight authority for medication-assisted treatment programs; mandating data collection; granting Office of Health Facility Licensure and Certification access to the Controlled Substances Monitoring Database for use in certification, licensure and regulation of health facilities; requiring reporting when an opioid antagonist is dispensed by certain persons; clarifying statutory language related to seventy-two hour prescriptions; prohibiting licensing boards from issuing or reissuing licenses to practitioners who have not registered for the West Virginia Controlled Substances Monitoring Programs Database; establishing a civil penalty for failure to register for the West Virginia Controlled Substances Monitoring Program Database; establishing a civil penalty for failure to access the West Virginia Controlled Substances Monitoring Program as mandated by the code; providing exceptions to penalties; clarifying language related to the Fight Substance Abuse Fund; placing administrative authority over the Fight Substance Abuse Fund with the Bureau for Public Health; revising statutory language to use defined terms; and reorganizing existing language.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill 484 (originating in the Committee on Military), Relating to reemployment rights of military personnel.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill 484 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §15-1F-8 of the Code of West Virginia, 1931, as amended, relating to the reemployment rights of military personnel; extending reemployment rights protection to members of the organized militia in the active service of another state; and clarifying that the Uniformed Services Employment and Reemployment Rights Act of 1994 is considered applicable federal law.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill 567, Providing protection against property crimes committed against coal mines, railroads, utilities and other industrial facilities.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill 567 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §61-3-29 of the Code of West Virginia, 1931, as amended, relating to prohibiting damage to property of railroads, public utilities and certain production storage and distribution facilities; adding electrical storage facilities and timber operations to the protected entities; prohibiting destruction and creating criminal offense of knowingly and willfully damaging property resulting in impairment to the normal, safe operation of safety-related equipment; providing criminal penalties; and clarifying persons convicted of section are subject to restitution.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill 599, Relating generally to Uniform Unclaimed Property Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill 599 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §36-8-2 of the Code of West Virginia, 1931, as amended, relating generally to Uniform Unclaimed Property Act; and clarifying that presumed abandoned property in the form of amounts owed by an insurer on a life or endowment insurance policy or an annuity that has matured or terminated and obligations related thereto are guided by policies, requirements and interpretations of the Insurance Commissioner.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill 601, Legislative findings relating to oil and gas solid waste facility.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill 601 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §22-15-10 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §24-2-1l, relating to exception from the jurisdiction of the Public Service Commission for materials recovery facilities or mixed waste processing facilities.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill 643, Requiring individuals receiving unemployment compensation seek seasonal employment.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill 643 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §21A-6-1a of the Code of West Virginia, 1931, as amended, relating to requiring individuals receiving unemployment compensation to apply for and accept seasonal employment.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
Senator Blair, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill 656, Creating Upper Kanawha Valley Resiliency and Revitalization Program.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Craig Blair,
Chair.
Senator Blair, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill 678, Relating to ownership and use of conduit providing telephone service.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Craig Blair,
Chair.
Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill 686, Allowing exception for locally authorized races on county or municipal roads.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill 686 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-3pp; and to amend said code by adding thereto a new section, designated §8-12-5g, all relating to authorizing local governing authorities to hold sanctioned motor vehicle races on public roads or municipal streets or airports under their jurisdiction; requiring the issuance of a permit in relation to a racing event; providing immunity from damages; and declaring that an authorized racing event is not a nuisance or subject to speed restrictions.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill 701 (originating in the Committee on the Judiciary)–A Bill to repeal §7-25-15, §7-25-17, §7-25-19, §7-25-21 and §7-25-22 of the Code of West Virginia, 1931, as amended; to amend and reenact §7-25-3 and §7-25-8 of said code; and to amend and reenact §60-5-1, §60-5-2. §60-5-3, §60-5-4, §60-5-6, §60-5-7 and §60-5-8 of said code, all relating to resort area districts generally; removing resort area district conducted property assessment authority; authorizing resort area districts to hold local option elections as to whether or not the sale of alcoholic beverages may be sold within the district; and providing voting mechanisms therefor.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill 702 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §44-8-1 of the Code of West Virginia, 1931, as amended, relating to providing that, in instances where real estate, or an interest therein, is devised to be sold, and the proceeds thereof distributed, title to said real estate passes to those individuals entitled to receive the proceeds of sale if the personal representative of the estate does not do so within five years of the closing of an estate.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill 703 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §59-1-2b, relating to requiring the Secretary of State to develop a mechanism for the deposit of the overpayment of certain fees into the Children’s Trust Fund and requiring that the person due the refund voluntarily and affirmatively choose to donate the amount of the overpayment.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
Senator Blair, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill 704 (originating in the Committee on Government Organization)--A Bill to amend and reenact §24-6-12 of the Code of West Virginia, 1931, as amended, relating to dispatching of towing service for emergency towing of vehicles.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Craig Blair,
Chair.
Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill 25, Providing selection procedure for state delegates to Article V convention.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill 25 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-11A-1, §3-11A-2, §3-11A-3, §3-11A-4 and §3-11A-5, all relating to providing a procedure for West Virginia to select delegates to an Article V convention for proposing amendments to the Constitution of the United States of America; defining terms; directing Legislature to establish committee of correspondence for Article V convention; authorizing participation by delegates in Article V convention only when each state has equal vote; setting forth delegate duties and responsibilities; setting forth oath for candidate for delegate or alternate; designating delegates and alternates as public officials and subject to West Virginia Governmental Ethics Act; providing for immediate recall of delegate casting unauthorized vote and replacement with alternate; directing Legislature to certify certain information to Article V convention; making violation of delegate’s oath a felony; and providing criminal penalties for violation of a delegate’s oath.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Charles S. Trump IV,
Chair.
Senator Sypolt, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill 528, Altering power of Higher Education Policy Commission.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill 528 (originating in the Committee on Education)--A Bill to amend and reenact §18B-1B-4 of the Code of West Virginia, 1931, as amended, relating to altering the power of the Higher Education Policy Commission over academic programs of institutions under its jurisdiction.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Government Organization.
Respectfully submitted,
Dave Sypolt,
Chair.
At the request of Senator Blair, as chair of the Committee on Government Organization, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Education.
Senator Sypolt, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill 669, Requiring proficiency in civics as condition for high school or GED diploma.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Dave Sypolt,
Chair.
Senator Sypolt, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill 677, Allowing Higher Education Policy Commission increase tuition for online courses.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill 677 (originating in the Committee on Education)--A Bill to amend and reenact §18B-10-1 of the Code of West Virginia, 1931, as amended, relating to tuition rates set by higher education institutional governing boards; allowing increase in tuition for undergraduate and graduate students taking more than sixteen and twelve hours, respectively, a semester; requiring the Higher Education Policy Commission and the Council for Community and Technical College Education to promulgate rules in accordance with this amendment; and allowing the fixing of different tuition and fees for summer terms, nontraditional time periods and online course delivery.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Dave Sypolt,
Chair.
The Senate proceeded to the sixth order of business, which agenda includes the making of main motions.
Senator Snyder moved that the Senate reconsider the vote by which on yesterday, Saturday, February 27, 2016, it adopted Senator Walters amendment to Senate Bill 435 (shown in the Senate Journal of that day, page 21).
On further motion of Senator Snyder, further consideration of his aforestated motion was postponed and placed under unfinished business for tomorrow, Monday, February 29, 2016.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution 51, Requesting interim study of structure of Regional Educational Service Agencies.
On unfinished business, coming up in regular order, was reported by the Clerk.
At the request of Senator Carmichael, unanimous consent being granted, the resolution was laid over one day, retaining its place on the calendar.
Senate Concurrent Resolution 52, Requesting study of feasibility of home modification tax credit to make homes more accessible for older adults and disabled.
On unfinished business, coming up in regular order, was reported by the Clerk.
At the request of Senator Carmichael, and by unanimous consent, the resolution was laid over one day, retaining its place on the calendar.
Senate Concurrent Resolution 53, Harry C. "Buck" Markley, Jr. Memorial Bridge.
On unfinished business, coming up in regular order, was reported by the Clerk.
At the request of Senator Carmichael, unanimous consent being granted, the resolution was laid over one day, retaining its place on the calendar.
The Senate proceeded to the eighth order of business.
At the request of Senator Carmichael, and by unanimous consent, the following bills on third reading were laid over one day, retaining their place on the calendar.
Eng. Com. Sub. for Com. Sub. for Senate Bill 47, Rewriting licensing requirements for practice of medicine and surgery and podiatry.
Eng. Com. Sub. for Senate Bill 287, Creating West Virginia Safer Workplaces Act.
Eng. Com. Sub. for Com. Sub. for Senate Bill 303, Providing for 5-day resident fishing license.
Eng. Com. Sub. for Senate Bill 344, Clarifying composition and chairmanship of Commission on Special Investigations.
Eng. Senate Bill 384, Requiring Bureau for Medical Services seek federal waiver for 30-day waiting period for tubal ligation.
Eng. Com. Sub. for Senate Bill 399, Establishing personal and corporate income tax credits for farmers donating edible agricultural products.
Eng. Senate Bill 435, Allowing farm winery enter alternating wine proprietorship agreements with farm owners.
Eng. Com. Sub. for Senate Bill 594, Requiring State Auditor consider for payment claim submitted by electronically generated invoice.
Eng. Com. Sub. for Senate Bill 596, Permitting natural gas companies enter upon real property in certain instances.
Eng. Senate Bill 618, Allowing Economic Development Authority to make loans to certain whitewater outfitters.
Eng. Senate Bill 626, Requiring DHHR secretary seek waiver within Supplemental Nutrition Assistance Program limiting purchases under WIC program.
Eng. Com. Sub. for Senate Bill 637, Creating WV Uniform Fiduciary Access to Digital Assets Act of 2016.
Eng. Senate Bill 700, Authorizing Berkeley County Council own or operate a drug treatment or drug rehabilitation facility.
Eng. Com. Sub. for House Bill 2852, Relating to legalizing and regulating the sale and use of fireworks.
And,
Eng. Com. Sub. for House Bill 4366, Finding and declaring certain claims against the state and its agencies to be moral obligations of the state.
The Senate proceeded to the ninth order of business.
At the request of Senator Carmichael, and by unanimous consent, the following bills on second reading were laid over one day, retaining their place on the calendar.
Com. Sub. for Com. Sub. for Senate Bill 12, Relating to County Local Powers Act.
Com. Sub. for Senate Bill 545, Relating to asbestos abatement on oil and gas pipelines.
Com. Sub. for Senate Bill 641, Transferring revenues from certain greyhound racing funds to State Excess Lottery Revenue Fund.
Senate Bill 670, Relating to filling vacancies in elected offices.
Com. Sub. for Senate Bill 691, Modifying certain air pollution standards.
Com. Sub. for Senate Joint Resolution 1, County Economic Development Amendment.
And,
Eng. Com. Sub. for House Bill 4228, Relating to transportation network companies.
The Senate proceeded to the tenth order of business.
At the request of Senator Carmichael, and by unanimous consent, the following bills on first reading were laid over one day, retaining their place on the calendar.
Com. Sub. for Senate Bill 104, Classifying Marshall University Forensic Science Center as a criminal justice agency.
Com. Sub. for Senate Bill 363, Creating exemption for autocycles.
Senate Bill 398, Revocation of certificate of authority to conduct business.
Com. Sub. for Com. Sub. for Senate Bill 460, Repealing regulation of opioid treatment programs and creating licenses for all medication-assisted programs.
Senate Bill 494, Creating Legislative Oversight Commission on Department of Transportation Accountability.
Com. Sub. for Senate Bill 534, Relating to procedures for driver's license suspension and revocation in criminal proceedings.
Com. Sub. for Senate Bill 539, Relating to condemnation proceedings.
Com. Sub. for Senate Bill 602, Relating to Patient Injury Compensation Fund.
Com. Sub. for Senate Bill 614, Conforming statute with court interpretation by replacing "unconscionable" with "fraudulent" when referring to conduct.
Com. Sub. for Senate Bill 622, Composition of PEIA Finance Board.
Com. Sub. for Senate Bill 625, Revising exceptions from FOIA provided for in Aboveground Storage Tank Act.
Com. Sub. for Senate Bill 628, Permitting treating physician direct palliative or emergent treatment for patients.
Senate Bill 644, Authorizing counties to offer license plates customized to county.
Senate Bill 648, Allowing local authorities permit flashing traffic signals during low traffic times.
Senate Bill 657, Relating to damages for medical monitoring.
Senate Bill 658, Allowing licensed professionals donate time to care of indigent and needy in clinical setting.
Com. Sub. for Senate Joint Resolution 14, Right to Farm and Ranch Amendment.
And,
Eng. Com. Sub. for House Bill 4012, West Virginia Religious Freedom Restoration Act.
The Senate proceeded to the thirteenth order of business.
Senator Carmichael called attention to today being the birthday of Donnie Adkins, Counsel to the Majority Leader, and on behalf of the Senate extended felicitations and good wishes to Donnie Adkins.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Carmichael, the Senate adjourned until tomorrow, Monday, February 29, 2016, at 11 a.m.
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